TD Visa – Spouse & Children
Overview of TD Visa for TN Visa Worker's Spouse & Children.
1. Basic Qualifications for TD Visa Status:
A TN visa worker's spouse and children (unmarried children under the age of 21) may accompany or subsequently join the TN visa worker in the U.S. under TD visa status.
Applicants for TD visa status must demonstrate a bona fide spousal or parent-child relationship to the principal TN Professional in order to qualify for TD visa status.
The Spouse and/or children of a TN visa worker may be admitted to the U.S. for the same period of stay authorized for the TN visa worker.
Dependents do not have to be citizens of Canada or Mexico to be eligible for TD status.
2. Procedure for TD Visa Status:
The application process for TD visa status differs depending on the spouse's and child's citizenship. Canadian citizen spouses and children may obtain TD visa status directly at a U.S. port-of-entry. See TD visa process - Canadian citizens.
All non-Canadian citizen spouses and children, including citizens of Mexico, must first obtain a TD visa stamp at a U.S. consulate or embassy and then enter the U.S. at a port-of-entry. See TD visa process - Mexican Citizens & Others.
If already present within the U.S. under a different non-immigrant category (e.g. F-2, H-4), the spouse and/or children of a TN visa worker may also "change status" to TD visa status by filing an I-539 application. This change to TD visa status may be achieved regardless of citizenship. However, non-Canadian citizens may need to subsequently obtain a TD visa stamp at a U.S. consulate or embassy in order to depart and re-enter the U.S.
3. Employment Authorization and Attending School under TD Visa Status:
The spouse and/or child of a TN visa worker “shall not accept employment in the United States unless otherwise authorized.” 8 C.F.R. 214.6 (j) (3). If a TD dependent wants to work in the U.S., "he or she must independently seek change of status to an employment-authorized nonimmigrant classification.” 58 FR 69205, 69209 (Dec. 30, 1993).
However, spouses and children in TD visa status are permitted to study: “Dependents in TD status may attend school in the United States on a full-time basis, as such attendance is deemed to be incidental to their purpose for being in the United States, which is to accompany the TN alien.” 58 FR 69205, 69209 (Dec. 30, 1993); 9 FAM 41.59 N12.1; INS Manuals § 15.5. See also 67 FR 18062, 18062 (April 12, 2002).
Prospective students in TD status should be aware that many schools may consider them non-residents for tuition purposes and therefore subject them to higher tuition rates.
4. Additional Information:
5. References:
- 8 C.F.R. § 214.6 (j).
- 58 FR 69205 (Dec. 30, 1993).
Revised April 14, 2010.