The required documents can vary based on your country of origin and the route you are taking to obtain your TN1 classification.

CANADIAN CITIZENS (TN-1 VISA REQUIREMENTS)

Option 1. USCIS

A prospective TN employer may choose to file on behalf of a Canadian citizen by submitting Form I-129 Petition for Nonimmigrant Worker to USCIS. General information requested in the form includes:

• • Applicant’s biographical information
  • Prospective employer information
  • Details of the prospective employment offer including position, duties, and dates

You can find more from USCIS’s instructions for Form I-129 by visiting the USCIS website.

After Form I-129 is filed by the prospective Employer and approved by USCIS, the applicant must provide the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry:

• • Proof of Canadian citizenship;
  • Approval Notice from USCIS for Form I-129.

Option 2. Customs & Border Protection (CBP)

If you are preparing to apply for TN classification at the time you seek entry to the United States, gather and prepare the following required documents before your visa interview:

• • Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport;
  • Proof of Canadian citizenship;
  • A contract or letter of employment in the United States on company letterhead and signed in wet ink – To show that you have a job offer, provide a contract or employment letter from your employer in the United States confirming your upcoming employment in one of the professional occupations listed in Appendix 1306.d.1 of NAFTA Chapter 16. The letter should also include:
    • Your purpose of entry;
    • A detailed description of your anticipated business activities or job responsibilities;
    • Your anticipated length of stay in the United States;
    • Your educational qualifications or appropriate credentials demonstrating professional status;
    • Evidence of your compliance with Department of Homeland Security (DHS) regulations and/or state laws; and
    • Arrangements for your pay.
  • Documentation proving that you meet the minimum education and/or work experience requirements set forth in USMCA Chapter 16 Appendix 2 – Professionals. Evidence of education would include degrees, diplomas, certificates, professional licenses, and /or membership in professional organizations. To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records.
  • Any applicable fees.

Here is an example CBP Checklist for TN-1 visas.

The required documents can vary based on your country of origin and the route you are taking to obtain your TN2 classification.

MEXICAN CITIZENS (TN-2 VISA REQUIRMENTS)

If you are a Mexican National applying for a TN visa at a Mexican Consulate, gather and prepare the following required documents before your visa interview:

• • Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page
  • Application fee payment receipt, if you are required to pay before your interview
  • A contract or letter of employment in the United States on company letterhead and signed in wet ink – To show that you have a job offer, provide a contract or employment letter from your employer in the United States confirming your upcoming employment in one of the professional occupations listed in Appendix 1306.d.1 of NAFTA Chapter 16. The letter should also include:
    • Your purpose of entry;
    • A detailed description of your anticipated business activities or job responsibilities;
    • Your anticipated length of stay in the United States;
    • Your educational qualifications or appropriate credentials demonstrating professional status;
    • Evidence of your compliance with Department of Homeland Security (DHS) regulations and/or state laws; and
    • Arrangements for your pay.
  • Documentation proving that you meet the minimum education and/or work experience requirements set forth in USMCA Chapter 16 Appendix 2 – Professionals. Evidence of education would include degrees, diplomas, certificates, professional licenses, and /or membership in professional organizations. To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records.

The following is a list of common questions you should be prepared to answer.

1. Why do you want to visit the United States?
2. When was the last time you were present in the United States?
3. What was the purpose of that visit?
4. How long did you stay?
5. Who did you stay with?
6. Have you ever overstayed a previous U.S. visa?
7. Have you broken any U.S. laws?
8. Why are you applying for TN status at this time?
9. How did you get this job offer?
10. What will you be working on in the United States?
11. Who is your employer?
12. How did you find your employer?
13. Did you go through an interview?
14. Who is you direct supervisor?
15. Where will you be working?
16. What are the terms of compensation?
17. Explain your position at the company?
18. Why do they need this position now?
19. How are you qualified to be this position?
20. How long is your assignment?
21. Do you have family in the United States?
22. Do you have family in Canada?
23. Where are you going to reside in the U.S.?
24. How long do you plan to stay in the United States?
25. When you finish your employment in the U.S., where will you go?
26. What will you do when you return to your home?
27. Is your family okay with work arrangement?

The updated TN Visa filing fee can be found on the USCIS website.

TN Visa Requirements:

1. Applicant must be a citizen of Canada or Mexico;
2. Applicant’s profession must qualify under the regulations;
3. Applicant’s position in the U.S. requires a NAFTA professional;
4. Applicant has a prearranged full-time or part-time job with a U.S. employer (but not self-employment);
5. Applicant has the qualifications to practice in the profession in question;
6. Applicant must intend to depart the U.S. upon completion of his/her authorized status.

TN Visa Limitations:

1. Initial period of stay is up to 3 years;
2. If applicant desires to seek an extension of stay, they must either:
   • Stay in the U.S. and have their employer file Form I-129 on their behalf;
   • Depart from the U.S. before their status expires, and apply at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station using the same application and documentation procedures required at the time of initial application.

The TN visa holder may bring his/her spouse and unmarried children under the age of 21 years.  They must file under the TD nonimmigrant status and will typically be granted the same period of stay as the TN visa holder. TD visa holders are not permitted to work while in the U.S., but are permitted to study full-time.

Requirements:

1. The spouse or parent of the TD visa holder must continue to hold their TN status during the duration of the TD visa holder’s stay;
2. In order to extend the TD status, each family member must apply separately;

To obtain the TD status, individuals may petition by:

1. Applying for the TD at a U.S. consulate in a foreign country; or
2. Applying for a change of status if he or she is currently staying in the U.S. under a different visa classification.

The relevant laws pertaining to TN visas can be found here.