TN-1 Visa for Canadian or Mexican Nationals

Canadian TN applicant must submit proof of the following:

1. Canadian citizenship

As proof of Citizenship, a Canadian Passport or Canadian Birth Certificate may be submitted.

–A Canadian Applicant may obtain a long form birth certificate by contacting the Registrar of Vital Statistics of the province / territory in which the birth occurred.  A Long Form Birth Certificate is preferred which contains the name, place and date of birth, parental information, date of issue, date of registration, registration number, certificate number, and authorized signature(s). 

2. Professional Occupation – Registered Nurse

            Among the professions enumerated in the North American Free Trade Agreement (NAFTA) Appendix 1603.D.1, a TN applicant may qualify as a Registered Nurse.  The position must require specialized skill utilizing critical thinking and nursing judgment/knowledge/skills and may not be that of a caretaker, nurse’s aide, or nursing attendant.

3. Credentials according professional status as an Registered Nurse

NAFTA requires that the minimum educational requirements for a Registered Nurse include a “State/Provincial License or Licenciatura Degree.”

4. Regulatory Criteria to Work in the U.S. as a Registered Nurse

Regulations require CGFNS Certification.  The CGFNS, Commission on Graduates of Foreign Nursing Schools, administers a Certification Program (CP) for first level general, registered nurses who have been educated outside the United States who want to now practice nursing in the United States.  The Certification Program is comprised of a credentials review, a qualifying exam of nursing knowledge, and an English language proficiency exam. Upon successful completion of all three elements of the program, the applicant is awarded a CGFNS Certificate.

5. Letter from the prospective U.S. employer

A letter from the U.S. Employer must detail the terms of the employment, including the Employer’s Background, the applicant’s qualifications, the contemplated length of stay and arrangements for remuneration. 

6. Nonimmigrant Intent

TN status is considered temporary in nature and does not allow “dual intent” which means that the Applicant must prove no intent to immigrate to the U.S. A pending immigrant petition or the presence of a spouse or fiancee/fiancé in the U.S. may preclude a finding of nonimmigrant intent.

7. Period of Stay

An initial period of stay in the U.S. for a Registered Nurse may be authorized up to 3 years.  If additional period of stay is requested without departing from the United States, a Registered Nurse may seek an extension of stay by filing a petition with USCIS.  Alternatively, an Applicant may depart from the United States before the date of expiration of TN status.  Once abroad, the TN Applicant may apply at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station with another  application for admission as a TN nonimmigrant.

8. Dependents of TN Nonimmigrants

A spouse and children under the age of 21 may be eligible for TD nonimmigrant status.  Spouses and children are not permitted to work while in the United States, but may study.  TD status is granted for the same period of time granted to the principal TN nonimmigrant.

9. Self Employment Strictly Prohibited

Self-employment is not allowed on TN visa and work for a company where the applicant is the sole or controlling shareholder or owner is considered self employment and not allowed.  An Applicant with full time employment may not engage in a side hustle or independent contractor work.  Filing U.S. tax returns does not take the place of work authorization.