Visa Lawyer Blog
The following is a brief update regarding the period of admission allowed under the TN visa and how is it determined by CBP officers.
The North American Free Trade Agreement (NAFTA) allows certain Canadian and Mexican professionals to qualify for TN nonimmigrant classification in order to provide professional services in the United States.
A citizen of Canada may apply for TN classification concurrently with an application for admission at a U.S. Class A port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-clearance/pre-flight station. It is not necessary for a citizen of Canada to first apply for a TN visa at a U.S. consulate outside the United States.
Determining the Appropriate Period of Admission:
A citizen of Canada may be admitted to the United States in TN status for up to three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible.
The period of admission for citizens of Canada should be for the full period of intended employment, up to three years. The period of intended employment should be indicated in the letter or similar statement supporting the application for admission and signed by the prospective employer.
Examples help to illustrate the appropriate period of admission for a Canadian TN nonimmigrant alien.
Example #1: A citizen of Canada applying for admission concurrently with an application for TN classification may present a letter from the prospective employer confirming that the intended period of employment will be for a period of three (3) years. The Canadian nonimmigrant alien may be admitted for a period of three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible.
Example #2: A citizen of Canada applying for admission concurrently with an application for TN classification may present a letter from the prospective employer confirming that the intended period of employment will be for a period of eighteen (18) months. The Canadian nonimmigrant alien may be admitted for a period of eighteen (18) months consistent with the intended period of employment, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible.
As a result of increased security concerns, U.S. Immigration Officials at the border have been directed to conduct more thorough inspections. You must ensure you have the necessary documentation to establish your identity and purpose of entry and prove that you are eligible for a TN Visa. This is the basic documentation requirement you must have:
Proof of citizenship (Canadian, Mexican or U.S)
Letter from your prospective employer
Job Title and detailed summary of your duties (job description)
Proof employment will be temporary; no more than 3 years
Arrangement of payment for your services
Proof you possess the required NAFTA Occupation credentials
Filing fee – $50 USD (price at the time of this publication)
Form I94 fee – $6 USD (price at the time of this publication)
Additional documentation may be required at the border for certain occupations. Good Luck, feel free to email us with any questions.