Yes. If the Mexican citizen entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status when the TN petition was approved; and a request for a change of status from the nonimmigrant status to TN status was requested, then the Mexican citizen could… Read More
FAQs about the TN Petition
Can a Canadian citizen begin employment in the United States without a TN visa?
Yes. If the Canadian citizen entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status when the TN petition was approved; and a request for a change of status from the nonimmigrant status to TN status was requested, then the Canadian citizen could… Read More
How does a Mexican citizen obtain a TN visa?
The U.S. employer files a TN petition and a letter in support along with required documentation with the USCIS Vermont Service Center. Once the TN petition is approved by the USCIS, it is forwarded to the United States consulate in Mexico nearest the foreign worker’s foreign residence. The Mexican citizen completes form DS-160 online and… Read More
Are the TN requirements the same if I apply with the USCIS, at a port of entry or at a U.S. Consulate?
Yes. The North American Free Trade Agreement (NAFTA) requirements are the same regardless of the place of application. If applying for a TN visa with the USCIS then a TN petition must be filed. If applying at a Class ‘A’ land port of entry or United States pre-clearance station at an airport in Canada (Canadian… Read More
Can I obtain TN status without filing a TN petition?
Yes. Pursuant to the North American Free Trade Agreement (NAFTA), Canadian citizens can apply for TN status at a Class ‘A’ land port of entry or United States pre-clearance station at an airport in Canada. The TN petition is not required when applying at a port of entry or pre-clearance station. The decision is rendered… Read More
How long is the TN petition valid for after approval?
A TN petition is valid for the period of validity requested by the U.S. employer. There is a 3 year maximum period of validity for each TN. At present, TNs are renewable indefinitely.
How long does it take the USCIS to process a TN petition?
After the TN petition is filed, the USCIS will issue a receipt notice. After reviewing the TN petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for a TN petition is 3-6 months from filing. The TN petition may be filed along with a… Read More
What is the government filing fee for a TN petition?
At present, the filing fee is $325. We have provided a complete list of fees applicable to the TN process on our TN visa fees page.
Do I file the TN petition by itself or are other forms required?
The TN petition is filed along with the TN Classification Supplement to Form I-129.
Can I own the company and file a TN petition on my behalf?
No. Self-employment is prohibited.