What is a Trade NAFTA visa? Here’s what to know about the work visa, who’s eligible and how it can be extended or revoked.
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It’s not yet clear why Jasmine Mooney was detained rather than simply denied entry for it being incomplete, but here is a look at what this type of visa is used for.
What is a Trade NAFTA work visa?
A Trade NAFTA visa, also known as a TN visa, was created under the North American Free Trade Agreement and allows Canadian and Mexican citizens to work for a limited time in the U.S. in high-demand occupations.
According to available data from the U.S. Bureau of Consular Affairs, a total of 32,904 TN visas were issued during the 2023 fiscal year.
Who is eligible?
Among the types of professionals who are eligible to seek admission as TN non-immigrants are architects, accountants, engineers, doctors, lawyers, pharmacists, scientists, and teachers, according to U.S. Citizen and Immigration Services.
To be eligible, the person applying must be a Canadian or Mexican citizen with a profession that qualifies under the regulations. The job must be one that requires a NAFTA professional and the applicant has a prearranged full-time or part-time job with a U.S. employer.
Spouses, and children under the age of 21 can reside in the U.S. with the visa holder, but they are not permitted to work. However, they are allowed to study.
How do you apply as a Canadian?
If you are Canadian, you are not required to apply for a TN visa at a U.S. consulate.
You can establish eligibility at the time you seek admission to the U.S. by presenting the required documentation to a U.S. Customs and Border Protection officer at a U.S. Customs and Border Protection-designated port of entry.
That documentation includes proof of Canadian citizenship, a letter from your prospective employer detailing items such as the professional capacity in which you will work in the U.S., the purpose of your employment, your length of stay, and your educational qualifications.
If a border officer finds you eligible for admission, you will be admitted into the U.S. as a TN non-immigrant. If denied, you could be placed into immigration court proceedings, or border officers may decide to deny you entry into the U.S.
How long does the visa allow you to stay in the U. S.?
The length of stay for the TN visa is three years, but it can be extended by the employer by filling out the I-129 form.
The other option is to leave the U.S. and then apply again from abroad at a U.S. Customs and Border Protection-designated port of entry.
Can it be revoked or denied, and why?
Yes, a TN visa can be revoked, according to the U.S. Citizen and Immigration Services. Reasons include that the job no longer exists, the company closes, or the job doesn’t match the petition. It can also be revoked or denied if there is incorrect information, non-compliance with TN visa terms, or administrative errors.