TN Visa Basics
Background on NAFTA & TN Visa for Canadian and Mexican Citizens.
1. Creation of NAFTA.
- On December 17, 1992, the Presidents of the United States and Mexico, and the Prime Minster of Canada entered into the North American Free Trade Agreement (“NAFTA”).
2. Purpose and Implementation of NAFTA.
- This agreement, as it relates to immigration, intends to facilitate the movement of U.S., Canadian and Mexican business persons across each country’s border through streamlined procedures. Chapter 16 of NAFTA, entitled “Temporary Entry for Business Persons,” provides for the temporary entry of businesspersons among the United States, Canada, and Mexico.
- United States Public Law 103-182 (the NAFTA Implementation Act), signed into law by the President of the United States on December 8, 1993, implemented the provisions of NAFTA. The U.S. immigration provisions relating to NAFTA entered into force on January 1, 1994.
- However, the TN (for Trade NAFTA) classification is not found in the general U.S. immigration provisions in section 101 (a) (15) of the Immigration and Nationality Act (“INA”). Rather, it is included in Section 214 (e) of the INA. The NAFTA TN regulations are located at 8 CFR § 214.6.
- The U.S. immigration-related provisions of NAFTA are similar to those contained in the United States-Canada Free-Trade Agreement (“CFTA”), which was suspended after the implementation of NAFTA.
3. Citizenship Required for TNVisa Status.
- To take advantage of NAFTA, an applicant for TN visa status must be a citizen of Canada or Mexico. A permanent resident of Canada or Mexico is not eligible for admission under the NAFTA TN classification.
4. Four NAFTA U.S. Nonimmigrant Visa Classifications.
NAFTA permits investment, trade, and professional commerce services to take place among the U.S., Canada and Mexico. There are four NAFTA nonimmigrant visa categories in U.S. Immigration Law:
Rev. Oct. 18, 2008.