Under North American Trade Agreement (NAFTA), citizens of Canada and Mexico who would like to engage in business activities at professional level in one of the qualified professions under NAFTA may come to the United States under TN visa for temporary period.
Alien may be admitted to the United States for the period of time required by the employer but maximum initial stay up to one year. However, alien will be able to obtain extensions from the USCIS in increments of one year till the assignment is complete. Also, there is no specific limit on time limit an alien can remain in TN Status.
To extend his or her status as TN, alien must physically present in the United States at the time extension was filed on his or her behalf. United States employer of a citizen of Canada or Mexico, or United States entity, if foreign entity is employer of citizen of Canada or citizen of Mexico, may file for an extension. Such extensions may be requested by filing Form I-129 with Nebraska Service Center. If alien is required to leave United States at the time extension is pending, incase of a Mexican TN beneficiary, employer may request USCIS to cable the notification of approval to appropriate consulate in Mexico where he or she will be able to apply for visa. Incase of a Canadian TN beneficiary, employer may request to cable notification of approval of the application to the port-of-entry where the Canadian TN beneficiary will apply for admission to the United States.
Alien seeking entry has responsibility to provide satisfactory evidence that his or her stay in the United States is temporary; he or she will be working in the qualifying professions listed under NAFTA; such profession requires at least baccalaureate degree or appropriate credentials showing that the position is professional; and alien has requisite education and qualification for the position. To satisfy these requirements, alien may submit following and any other documents that meet the requirements:
Please note that aliens from Mexico are required to have valid passport and valid visa to enter into the United States as TN Beneficiary. They are required to submit visa application form with appropriate fees along with all the documents stated above at the appropriate US consulate where he or she can apply for TN visa.
Spouses and children who are unmarried and under the age of 21 may accompany or follow to join TN visa holders under derivative TD visa to the United States. Dependent applicants are required to demonstrate bona fide spousal or parent-child relationship between them and the TN visa holder. Dependents need not be citizens of Mexico or Canada. Also, dependents cannot work while in the United States but they are permitted to study in the United States.
Dependents who are Canadian citizens do not need visas, but they must have the proof Canadian citizenship; proof of relationship to the principal applicant, and proof of entry of the principal applicant. If the dependents are not Canadian citizens, they are required to apply for visa at the US consulate or embassy. Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate.
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