TN Visa Overview

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By: Brian D. Zuccaro

Attorney at Law
Serotte Reich & Wilson
300 Delaware Ave.
Buffalo, NY 14202
P: 716.854.7525
F: 716.854.0294

TN Visa Basics


Primer on U.S. Immigration Law


United States immigration law (the Immigration and Nationality Act or “INA”) provides certain classifications for the entry of foreign citizens into the U.S. There are two primary categories available: (1) nonimmigrant (temporary visit) and (2) immigrant (permanent).

1. Nonimmigrant vs. Immigrant.

  • The nonimmigrant category provides for the temporary entry of foreign citizens into the U.S. for a limited purpose such as visits for pleasure and temporary employment.
  • The immigrant category provides for the entry of foreign citizens into the U.S. for the purposes of permanent residence in the U.S.

2. Nonimmigrant Categories.

  • With respect to the temporary nonimmigrant category, the INA establishes fifteen classifications. Each nonimmigrant classification has its own individual characteristics and requirements.
  • The INA describes each classification in lettered subparagraphs and is set forth in INA § 101 (a) (15). Each classification is referred to by these letters.
  • For example, subparagraph “B” provides for the nonimmigrant visitor classification, which permits foreign citizens to visit the United States temporarily for business or pleasure. This nonimmigrant classification is therefore referred to as the “B Visitor” classification.

3. NAFTA: A Unique Group.

  • Under NAFTA, a Canadian or Mexican citizen may temporarily enter into the United States and engage in certain designated professional services. This nonimmigrant classification is known as a TN (for Trade NAFTA).

Additional Materials:

References:

Rev. Oct. 18, 2008.