The North American Free Trade Agreement (NAFTA) created a special economic and trade relationship for the United States, Canada, and Mexico. Due to NAFTA the U.S. Citizenship and Immigration Services created the TN-visa to allow qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The types of professionals that are allowed to seek admission under a TN-visa are accountants, engineers, lawyers, pharmacists, scientists, and teachers.To be eligible for a TN-visa the person must be a citizen of Canada or Mexico, have a profession that qualifies under the regulations, have a position in the United States that requires a NAFTA professional, have a prearranged full-time or part-time job with a U.S. employer, and have the qualifications to practice in the profession in question. The initial period of stay for a TN-visa is up to three years. If the person wishes to remain in the United States past that period they must seek an extension of stay.

Canadian citizens do not need to apply for a TN-visa at a U.S. Consulate. They may establish their eligibility for TN classification at the time they seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection officer at one of the ports of entry. A Canadian citizen must show proof of their citizenship; a letter from their prospective employer detailing items such as the professional capacity in which they will work in the United States, the purpose of their employment, their length of stay, and their evaluated qualifications; and their credentials evaluation. A Mexican citizen is required to obtain a visa to enter the U.S. as a TN nonimmigrant. They should apply directly with a United States Embassy or consulate in Mexico. Once they are approved for the TN-visa they may apply for admission at one of the Customs and Border Patrol designated U.S. ports of entry.

Any spouse or child under 21 years of age of a TN-visa holder may be eligible for a TD nonimmigrant visa. These spouses and children are not permitted to work while in the United States, but are permitted to study. The TD-visa initial period of stay is to correspond with the length of time of the TN-visa. If the spouse or child is a Canadian citizen just like the TN-visa holder then they do not need to obtain the visa either. If the derivative family member is a Mexican citizen then they too must apply for a TD-visa at an American Embassy or Consulate.

Contact our Miami-Dade County Nonimmigrant Visa Attorneys

Contact our Miami employment based visa attorneys at 305-222-7351, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.

Our Miami Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County.

Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.