Clark Hill PLC

TN Status - NAFTA

The North American Free Trade Agreement (NAFTA) created the TN status to facilitate the movement of workers across the shared borders. TN’s are available to foreign nationals who are citizens of Canada or Mexico, and will be employed in the US in one of the specific occupational categories listed under NAFTA. A US company must sponsor the TN. TN status is granted for no more than 1 year, and in theory it may be renewed indefinitely as long as the position remains temporary. In order to qualify, the applicant must meet the minimum education, experience and/or certification requirements defined in the applicable TN classification. TNs are not numerically capped (H-1B Visas are numerically limited) and can be applied for at any time.


Canadian TNs

Canadian Citizens can apply for TN status at a US Port of Entry, without an appointment. A TN applicant must be intending to enter the US to work for the sponsoring US company at the time of entry. Processing of the TN application can take a few hours, and the applicant is expected to begin working with the sponsoring employer immediately after approval. While a TN can be renewed indefinitely, the inspecting Officer must believe that the employee is coming to the US for a temporary position, and does not intend to work in the US permanently. Clark Hill’s Immigration Group has extensive experience with TN applications, and our office is a short walk from the Detroit/Windsor Tunnel, where TN applications are processed.


Mexican TNs

Mexican Citizens must apply for TN status at a US Consulate in Mexico, prior to entry into the US.  The procedures vary slightly at each Consulate in Mexico, both in terms of the application process as well as the information that is required.  However, an appointment is always required before the TN can be approved. 


Extension or Appeal Process

Extensions for a TN can be made at a Port of Entry (Canadian citizens), at a US Consulate in Mexico (Mexican citizens), or through the US Citizenship and Immigration Services (USCIS) regional office in Lincoln, Nebraska.  Regardless as to which method is chosen to apply for the initial TN or an extension, there is no appeal from a denial of a TN.  This process has been affirmed by the US Administrative Appeals Office (AAO).  Foreign nationals should be sure their paperwork is properly prepared prior to making an application for a TN.


Family Members

TD status is available to immediate family members (spouses and children under the age of 21) who wish to accompany the TN employee to the US. TD status is generally granted for the same period as the TN, and must be extended accordingly. Family members in TD status may attend school or university, but cannot work in the US in TD status.