As of October 2008, U.S. Citizenship and Immigration Services (USCIS) increased the maximum period of stay a Trade-NAFTA (TN) worker from Canada or Mexico can remain in the United States.  Congress created the TN visa in 1993 and since then, the maximum length of a TN visa has been 12 months.

This rule increases the maximum stay from one to three years and allows eligible TN non-immigrants to obtain extensions of stay in increments of up to three years. The three-year TN now makes the TN status equal to the comparable H-1b status given to other professional non-immigrant workers. There is no limit to the number of times a TN applicant can apply for a TN visa. Additionally, there is no annual quota on the number of TN visas USCIS issues each year.

The TN visa is limited to eligible Canadians and Mexicans with at least a bachelor’s degree or appropriate license showing professional status. Typically, Canadian and Mexican professionals such as accountants, engineers, lawyers, pharmacists, scientists and teachers can qualify for TN status. A complete list of TN eligible occupations can be viewed at NAFTA.

The TN application process for eligible Canadians is fairly simple. Canadians do not have to apply with a U.S. consulate or file a petition in the United States with USCIS. Instead, Canadians go to a U.S. port of entry, submit proof of their citizenship, their educational credentials and licenses, and an original job offer letter from their prospective U.S. employer explaining the professional nature of the job, its duties and length of stay needed. A credential evaluation of the Canadian degree may also be required. Once approved, the Canadian citizen will receive a Form I-94 card evidencing the TN status and its duration.