AS A CANADIAN, DO I NEED A DS-160 FORM FOR MY TN VISA APPLICATION?

Question: For a Canadian TN applicant, I do not have to fill out DS-160 form, correct? I understood that Canadians do not have to prepare any “formal” form.

Reply: Canadian citizens do not need to complete a DS-160 application form as part of their TN application. The DS-160 form is only used for individuals who need to apply for a visa stamp at the U.S. Embassy/Consulate prior to seeking admission to the U.S. As Canadian citizens are exempt from the visa stamp requirement for most visa classifications including the TN, a DS-160 application is not required.

Instead, in addition to any supporting documentation, the main document Canadian citizens need when seeking TN visa status at the border is a letter from their employer requesting TN status on their behalf, i.e. a TN Support Letter. If requesting TN visa status by mail, an I-129 petition is also required along with the necessary supporting documentation. Canadian citizens can use an I-129 petition to file for their initial TN by mail with USCIS. Canadian (and Mexican) citizens can also use an I-129 petition to file for an extension of / change to TN visa status, or a change of employer by mail.

Citizens of Mexico, who are not exempt from the visa stamp requirement, do need to complete a DS-160 application form as part of their TN visa application in order to seek admission to the U.S. under TN visa status. Likewise, spouses of TN visa workers who are not Canadian citizens would also need to complete a DS-160 application for a TD visa stamp in order to seek admission to the U.S. under TD visa status.