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North American Free Trade Agreement
(TN-1 Nonimmigrant Classification)
Pursuant to the North American Free Trade Agreement ("NAFTA"), Canadian and
Mexican nationals are eligible for classification as TN-1 nonimmigrants. This
nonimmigrant classification is available to Canadian and Mexican nationals who
come to the United States to work in one of a specific list of professions,
almost all of which require at least a bachelor's degree. Canadians may make an
application directly at the port of entry, and no specific petition is required.
Normally, the request is acted upon at the time the application is made.
Mexicans must file a petition with the USCIS' Nebraska Service Center, and the
petition must be accompanied by an LCA certified by the DOL. A TN-1 nonimmigrant
is admitted for one year, with an unlimited number of annual extensions
permitted.
A Canadian or non-Canadian spouse or unmarried minor child
of a TN visa holder is allowed entry as a TD nonimmigrant for the same length of
stay as the principal. The same applies for Mexican dependents of a TN visa
holder. TD nonimmigrants are not authorized to work in the U.S., but may attend
school.
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