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TN Visa Frequently Asked Questions

What is the purpose of the TN visa?

The TN visa is designed to facilitate the temporary entry of Canadian and Mexican citizens into the United States to work in specific professional occupations listed under NAFTA.

Who is eligible for a TN visa?

To be eligible for a TN visa, you must meet the following criteria:

Be a citizen of Canada or Mexico.

Have a job offer from a U.S. employer in a NAFTA-listed professional occupation.

Possess the necessary qualifications and credentials for that profession.

What are the eligible professions under the TN visa?

NAFTA specifies a list of eligible professions, including but not limited to engineers, scientists, computer systems analysts, lawyers, pharmacists, and management consultants. Each profession has specific requirements.

How long can I stay in the U.S. on a TN visa?

TN visa holders are typically granted an initial period of stay of up to three years, with the possibility of extensions in three-year increments. The visa is renewable indefinitely as long as you continue to meet the requirements.

Can my family accompany me on a TN visa?

Yes, your spouse and unmarried children under 21 may accompany you to the U.S. on TD visas, which are dependent visas. However, TD visa holders are not authorized to work in the U.S.

Can I change employers while on a TN visa?

Yes, you can change employers while on a TN visa, but you must have a new job offer in a NAFTA-listed profession, and your new employer must file a new TN petition on your behalf.

How do I apply for a TN visa?

The process generally involves:

Obtaining a job offer from a U.S. employer in a NAFTA-listed profession.

Providing the required documentation and credentials.

Applying for a TN visa at a U.S. embassy or consulate in Canada or Mexico or at a U.S. port of entry (for Canadian citizens only). You can also submit the petition to USCIS and send it to the border or consulate with an approval notice.

Is there an annual cap on the number of TN visas issued?

There is no annual numerical cap on the number of TN visas issued to Canadian or Mexican citizens.

Can I apply for permanent residency (a green card) while on a TN visa?

Yes, it is possible to apply for permanent residency while on a TN visa, but you must meet the eligibility criteria for an employment-based green card category.

Can I travel outside the U.S. while on a TN visa?

Yes, you can travel outside the U.S. and re-enter while on a TN visa, provided you have a valid TN visa stamp in your passport and a valid TN approval notice. However, it’s essential to ensure that your travel plans align with your TN status and employment.
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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010