Canadian and Mexican students who are enrolled in U.S. universities and colleges may want to apply for OPT to work in the States after graduation.
Students who are participating in OPT can extend the OPT period for 24 months if they studied one of the STEM OPT-eligible majors. What if you are not STEM OPT eligible or if your STEM OPT end date is near?
Related blog post 1: STEM OPT eligibility, process, required documents
Related blog post 2: My STEM OPT is in pending and my EAD end date is near
Eligible Canadian and Mexican students may consider the TN option which allows them to engage in business activities at a professional level based on the NAFTA (The North American Free Trade Agreement).
Canadians and Mexicans are encouraged to look at the TN option as there is no cap on how many people can take advantage of TN every year, unlike the H-1B visa.
Related blog post: Top 2 common mistakes to avoid in H1B registration
Therefore, this blog post will take a look at the TN category to see and lay out pathways for Canadian and Mexican students.
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
TN NAFTA Professionals
Contents
- What is a TN category?
- F-1 visa to OPT, then TN pathway for Canadian students
- F-1 visa to OPT, then TN pathway for Mexican students
What is a TN category?
TN-eligible individuals can be admitted to the U.S. in TN status “in increments of up to 3 years.“
When it comes to the United States territory that allows Canadian and Mexican citizens to enter through TN status, entry has to be to the:
- 50 U.S. states
- District of Columbia
- Puerto Rico
In other words, the entry with TN status is not allowed in the:
- Guam
- The Northern Mariana Islands
- American Samoa
- The United States Virgin Islands
Eligibility
To be eligible for TN nonimmigrant status, the individual must…
- be a citizen of Canada or Mexico;
- have one of the following professions:
- accountants
- engineers
- lawyers
- pharmacists
- scientists
- teachers
- have the qualifications to practice in the profession
- work for a U.S. employer that requires the above professionals
- work for a foreign employer to provide a prearranged full-time or part-time job to a U.S. employer
F-1 visa to OPT, then TN pathway for Canadian students
If you are interested in studying STEM majors, consider applying for OPT then extend the OPT participation through STEM OPT.
While you are working in the U.S. for a total of three years of OPT participation, (1 year through OPT and 2 more years through STEM OPT), start the conversation with your employer to continue the employment through TN status.
If your major is not STEM OPT eligible AND applied for job positions whose titles include accountants, lawyers, and teachers, start the conversation during your OPT period.
Since Canadian citizens are not required to obtain a physical visa to enter the U.S., there are two ways to enter the U.S. as a TN non-immigrant.
Enter the U.S. with an approved Form I-129
Your employer may choose to file Form I-129, Petition for Nonimmigrant Worker for you. As of April 2024, the filing fee is $1,015 plus additional fees. Small employers or nonprofits can take advantage of the discounted amount which is $510 plus additional fees.
Note that the premium processing is available for Form I-129 petitioners. To learn more about the Premium Processing application, check out the following post:
Related blog post: How to complete online Form I-907 premium processing
Once the form is approved, the Canadian employee can enter the U.S. by presenting the following documents:
- (Required) Proof of Canadian citizenship; and
- (Required) Approval Notice from USCIS for Form I-129
- (You may also need) A copy of the Form I-129
- (You may also need) All supporting documents like
- job offer letter that shows the TN-eligible profession
- degree or transcript that shows you qualify for the profession
USCIS’s official website also lists the inspection fee that can be required at the entry. I could not find any government source that shows the fee but the University of Rochester lists that the entry fee is $10.
If you entered the border through TN, please feel free to share with others how much you had to pay for entry.
Enter the U.S. without the approved Form I-129
If you are confident that you can establish the case that you meet the TN criteria, you may choose to not submit Form I-129.
In that case, based on the USCIS website, the list of required documents is as follows:
- Proof of Canadian citizenship;
- “Letter from your prospective employer detailing items” such as…
- professional capacity
- the purpose of your employment
- your length of stay; and
- your educational qualifications
- Credentials evaluation (transcripts, certificates, etc.)along with any applicable fees
Again, I could not find the “applicable fees” information from any government entity’s websites but the University of Rochester lists that the filing fee is $50.
F-1 visa to OPT, then TN pathway for Mexican students
Mexican citizens are required to obtain a visa to enter the U.S. even as TN nonimmigrants.
F-1 students who are currently working in the U.S. through OPT or STEM OPT may wonder if they can file I-539, Application to Extend/Change Nonimmigrant Status which is commonly used to change nonimmigrants’ status in the U.S. (without having to leave the U.S. and come back in.)
The answer is no! The USCIS webpage specifies that TN-1 and TN-2 nonimmigrants must not file the Form I-539.
Given that Mexcian citizens must obtain TN visas to enter the U.S. they can start the TN visa process in the U.S. but leave the U.S. to participate in the interview, obtain the TN visa, and re-enter the U.S. with a TN visa.
You may have forgotten important tips when applying for a new visa. Do yourself a favor and read the following blog posts before you start the TN visa process. Although they are tailored for international students, you will find some tips helpful!
Related blog post 1: How to answer for visa interview questions
Related blog post 2: Why 30~60% of student visa applicants get refused
