NAFTA (TN) Visa

To qualify for a TN visa, an applicant must:

• - Be a citizen of Canada or Mexico (permanent residents are not eligible).

- Have a prearranged job offer with a U.S. employer in an eligible profession.

- Possess the necessary educational credentials or licenses required for that occupation.

SJKP LLP reviews your qualifications, job offer, and credentials to ensure alignment with TN eligibility standards under the USMCA framework.

The TN visa covers more than 60 professional occupations, including but not limited to:

• - Accountants, Architects, Engineers, Lawyers, Scientists, Teachers

- Computer Systems Analysts, Graphic Designers, Management Consultants

- Pharmacists, Dentists, Registered Nurses, and Medical Technologists

Our firm evaluates both job titles and underlying job duties to ensure the role genuinely fits within the treaty’s definitions—preventing costly denials or RFEs.

TN visas are initially granted for up to three years and may be renewed indefinitely in three-year increments, as long as the employment remains temporary and compliant.
We assist with renewals, amendments, and cross-border reapplications to maintain uninterrupted authorization.

Canadian citizens do not need to obtain a visa stamp.
They may apply directly at a U.S. port of entry or pre-clearance airport, submitting:

• - Proof of Canadian citizenship

- Employer support letter describing the role and duties

- Evidence of educational qualifications or licenses

- Proof of intent to return to Canada after employment

Our attorneys review and draft employer letters to ensure clarity and consistency with USCIS and CBP expectations, minimizing border delays or refusals.

Mexican professionals must apply for a TN-2 visa at a U.S. consulate before entry.
We assist in completing Form DS-160, scheduling interviews, and preparing applicants to discuss their qualifications and job offer with consular officers.
Once approved, the TN visa holder is admitted to the U.S. for the duration of the employment period indicated in the petition.

The employer must provide a detailed employment letter that:

• - Describes the offered position and duties

- Identifies the professional category under NAFTA/USMCA

- Specifies the duration and compensation

- Confirms that the position requires a TN-eligible professional

SJKP LLP ensures that employer letters align with treaty definitions and labor regulations, reducing the risk of rejections.

TN visa holders may only work for the specific employer and position listed in their application.
Any change in employer, job title, or significant job duties requires a new TN filing or amendment.
We assist with intra-company transfers, concurrent employment, and re-entry filings to maintain legal status.

TN renewals can be filed either:

• - Directly with USCIS while remaining in the U.S., or

- At a port of entry (for Canadians) or consulate (for Mexicans) when re-entering.
Our attorneys evaluate which method offers the highest success probability based on individual case strategy.

Spouses and unmarried children under 21 of TN holders are eligible for TD visas.
TD dependents cannot work in the U.S. but may study full-time.
We help families prepare derivative filings and coordinate reentry schedules to maintain lawful status together.

The TN is strictly a nonimmigrant visa, meaning holders must maintain an intent to return home.
Filing for a green card while on TN status can create complications.
SJKP LLP helps professionals manage timing and visa strategy to transition legally to H-1B or permanent residency without jeopardizing TN eligibility.

Common issues leading to Requests for Evidence (RFE) or denials include unclear job descriptions, degree mismatches, or insufficient employer documentation.
We prepare comprehensive petitions supported by legal analysis and credential evaluations to satisfy both USCIS and CBP scrutiny.

Professionals seeking more flexibility or long-term residency may later change status from TN to H-1B, L-1, or EB-2/EB-3 categories.
Our attorneys design long-term immigration strategies that balance career development with compliance.

Typical renewal submissions include:

• - Updated employer support letter

- Recent pay stubs and tax forms

- Valid passport and prior I-94 records

- Proof of continued temporary intent

Some professionals mistakenly use B-1/B-2 business visitor status for activities that qualify as employment.
We clarify when a TN is required and help prevent inadvertent visa violations that could impact future immigration benefits.

CBP officers retain discretion during admission.
Our team prepares clients with proper documentation and talking points to ensure smooth re-entry, even after company restructuring or project changes.

For Canadians, approvals at the border can take just hours.
For Mexicans, consular processing usually takes two to four weeks depending on local appointment availability.

Technically no, as the TN does not permit dual intent.
However, you may transition to H-1B or another dual-intent category first, then pursue a green card.

No.
TD dependents cannot engage in employment in the U.S., though they may attend school.

Yes, but each employer must file a separate TN application.
Concurrent employment is permitted if both positions independently qualify.