What Is a TD Visa?

The North American Free Trade Agreement allows visiting professionals and their families to reside in the US, Canada or Mexico.

A TD (trade dependent) visa is a non-immigrant visa that allows spouses and dependent children of a TN (trade NAFTA) visa holder to reside temporarily in the United States. Although dependents of a TN visa holder are not allowed to work in the U.S., they are allowed to attend school or college.

NAFTA Professional Workers

The North American Free Trade Agreement (NAFTA), implemented by the United States, Canada and Mexico in 1994, allows citizens in a specific list of occupations to reside and work in other NAFTA countries. This is not an immigrant visa, and does not allow for permanent residency or citizenship in the United States.

Who Needs a TD Visa

The TD visa allows spouses and dependent children to reside in the United States.

Canadian citizen spouses and dependent children (under 21 years old) of a TN visa holder do not need to apply for a TD visa to reside in the United States. They typically qualify for TD status when the TN visa holder is admitted to the United States. All other dependents must apply for a TD visa, including non-Canadian citizen dependents of a Canadian TN visa holder, and Mexican citizen dependents of a Mexican TN holder.

Applying for a TD Visa

If you applying at the border as a Canadian citizen dependent of a Canadian TN professional, be prepared to provide proof of Canadian citizenship and proof of bona fide family relationship with the TN professional, for example a marriage certificate or birth certificate, as well as a copy of the TN professional's entry documents. All other dependents, including Mexican citizens and non-citizens married to a Canadian TN professional, must apply at a United States embassy or consulate.

Extending the TD Visa

You can apply at the border, or at an American embassy or consulate.

TN and TD visas are valid for up to three years (as of 2008), and can be renewed indefinitely. Visa regulations are subject to change, however, so make sure you have up-to-date information before beginning the renewal process. You can request an extension by reapplying at the border, or you can send your application to the USCIS Service Center in Vermont. You should begin your application six months before your current visa expires to allow for processing time. You cannot extend your status if the expiration date has already passed.

Becoming a Permanent Resident

The TN and TD visas are not immigrant visas, and are not in themselves a path to United States citizenship. Customs and Immigration officials can even deny entry to the United States if they believe you intend to settle there permanently without proper immigration status. The TN professional may, in some cases, be able to apply for a change of status that does provide for permanent residency. Because immigration laws and regulations are complex and subject to change, you should always get expert legal advice about how to proceed.

Working in Canada or Mexico

Working and living in a foreign country can be an enriching experience for the whole family. Both Canada and Mexico have programs for visiting professionals and their dependents under NAFTA, as well as other options for work permits and immigration. Visit your local Canadian or Mexican consulate or embassy for up-to-date information on visa requirements and work permits.

References

• NIH Division of International Services: Summary of Nonimmigrant Visa Classifications
• U.S. Department of State: Mexican and Canadian NAFTA Professional Worker
• U.S. Customs and Border Protection: Clearing CBP
• U.S. Department of State: Visa Information for Temporary Visitors
• NAFTA TN Lawyer: Extension of TN Visa Status

Resources

• Office of the United States Trade Representative: North American Free Trade Agreement:
• United States Customs and Immigration Service: Temporary Workers
• The Law Offices of Campbell Cohen: NAFTA Visas for Individuals
• Consular Section of Embassy of Mexico: Mexican Immigration Rules and Regulations
• Mexperience: Mexican Visas and Immigration