For Canadian and Mexican professionals working in the United States on a TN visa, the ability to have their families join them is a huge aspect of their life abroad. The TD visa is specifically designed for this purpose.
At Remitly, we understand that immigration processes can be complex, especially when family members are involved. In this guide, we simplify the TD visa application process. We’ll outline eligibility requirements, explain the benefits, and discuss common concerns, ensuring you have actionable knowledge to proceed with confidence.
What is the TD visa?
The TD visa is a non-immigrant entry approval specifically for the dependents of TN visa holders. It covers a legal spouse and unmarried children under the age of 21, allowing them to accompany the principal TN professional to the States.
The TN visa program itself stems from the United States-Mexico-Canada Agreement (USMCA), which replaced the North American Free Trade Agreement in 2020. USMCA allows qualified Canadian and Mexican citizens to seek temporary entry into the US to engage in business activities at a professional level.
How long is a TD visa valid for?
The TD visa validity period is linked to the TN visa holder’s authorized period of stay, usually up to three years at a time. TD approval status will end if the principal TN professional’s visa expires for any reason.
You can extend your stay beyond three years by following the right process.
Key benefits of the TD visa
Entering the US as a dependent of a TN visa holder offers certain benefits, including:
- Family unity: The primary advantage of the TD visa is family unity. It enables TN visa holders to live with their immediate family members during their temporary employment in the US, which can foster personal well-being and professional success.
- Education opportunities: TD visa recipients can legally enroll to study in the US, from elementary school through university, without needing a separate student visa.
- Access to US life: The spouse and child visa for TN professionals allows the whole family to experience life in the US, travel within the country, and access various services.
Rights and limitations for TD visa holders
Knowing what you can and cannot legally do on a TD visa will help you steer clear of potential pitfalls while maximizing your stay in the US.
- Studying on a TD visa: As mentioned, TD visa holders are permitted to study in the US on a full-time or part-time basis without needing to obtain an F-1 student visa. However, this permission is tied to the status of the primary TN professional. If their visa expires, you must obtain the proper visa to continue studying in America.
- Work authorization: Unlike some other dependent visa categories, TD visa holders cannot work in the States. Engaging in unauthorized employment can have severe immigration consequences for you and potentially for the principal TN visa holder.
- Maintaining a valid status: TD visa holders must maintain their nonimmigrant status by not overstaying the authorized period, adhering to all US laws, and ensuring the principal TN visa holder maintains their valid status.
TD visa eligibility requirements
To qualify for TD status, you must meet specific criteria related to your relationship with the principal TN visa holder.
Who qualifies for a TD visa?
While TN professionals might want to be surrounded by family and friends during their time in the US, only two categories of dependents are eligible for the TD visa.
- Spouse: You must be legally married to a valid TN visa holder. Common-law partners are generally not eligible for TD status, unless the relationship is legally recognized as a marriage both in the jurisdiction where it occurred and by US immigration standards.
- Children: Unmarried children under 21 of a valid TN visa holder. This includes biological and legally adopted children, but step-children only qualify under certain conditions.
What are the requirements to qualify?
The eligibility of TD visa applicants is directly dependent on the status of the principal TN visa holder. The TN professional must:
- Be a citizen of Canada or Mexico
- Be seeking to enter the US to work in a profession listed under the USMCA
- Hold a valid TN visa or be actively applying for it
Applicants are also required to meet specific criteria, including:
- Proof of the qualifying relationship with the TN visa holder. For spouses, this means a valid marriage certificate, while for children, a valid birth certificate or adoption decree will do.
- Like most non-immigrant visas, TD applicants generally need to demonstrate an intent to depart the US when the principal TN visa holder’s status ends. This can be shown through ties to the home country, such as family, property deeds, or job prospects.
- Proof of sufficient financial support. Show evidence that the TN visa holder can financially support their dependents in the US, or that dependents have adequate funds.
For general financial planning when moving, see Remitly’s guide on the cost of immigrating to the US.
Required documentation for the TD visa application
Complete and accurate documentation is essential for a successful TD visa application.
For each TD applicant, you need to provide the following:
- Valid passport for each applicant.
- Original or certified copies of marriage certificates, birth certificates, or adoption papers proving each dependent’s relationship to the TN visa holder.
- Photocopies of the principal TN visa holder’s documentation, including their passport, TN visa for Mexican applicants, or other proof of TN status, such as an I-94 record or approval notice if status was changed within the US. Also include a letter of employment from a US employer detailing the TN professional’s job title, description, salary, and duration of employment.
- Evidence of financial support, such as the TN visa holder’s bank statements, employment contract, or pay stubs.
- Form DS-160 confirmation page, if applying for the TD visa at a US Consulate. This applies primarily to Mexican citizens.
- Passport-sized photographs that meet US visa photo specifications.
TD visa application process: step-by-step guide
The application process for a TD visa varies significantly depending on the nationality of the applicants.
For Canadian citizens (visa-exempt)
Canadian citizens are generally visa-exempt. This means you don’t need a TD visa stamp in your passport to seek entry to the US as a dependent of a TN visa holder. Instead, simply apply for TD status directly at a US port of entry, such as a land border crossing or during pre-flight inspection at the airport.
Here’s what you need to do:
Step 1: Gather all required documentation as listed above.
Step 2: Travel with the principal TN visa holder, or join them in the US if the TN professional’s status is already valid.
Step 3: Present documentation to a US Customs and Border Protection (CBP) officer at the port of entry and request admission in TD status. The CBP officer will adjudicate the application.
Step 4: If approved, an I-94 record will be issued indicating your TD status and authorized period of stay.
For Mexican citizens (visa required)
On the other hand, Mexican citizens require a TD visa stamp from a US Embassy or Consulate before traveling to the US. This also applies to citizens of other countries who might be dependents of a Canadian or Mexican TN professional, though it is less common. The application process is as follows:
Step 1: Gather all required documentation.
Step 2: Complete Form DS-160 (Online Non-immigrant Visa Application) for each applicant.
Step 3: Pay the visa application fee(s).
Step 4: Schedule a visa interview at the appropriate US Embassy or Consulate in Mexico. Children under a certain age may not be required to attend an interview, but check specific consular guidelines to confirm.
Step 5: Attend your visa interview(s) with all necessary supporting documents.
Step 6: If the visa is approved, it will be placed in your passport. You can then travel to a US port of entry and seek admission on a TD status.
For applicants already in the US
Suppose dependents are already in the US under a different but valid non-immigrant status, such as a B-2 visitor visa. In that case, you may be able to apply to change your status by applying for the TD visa.
Just file Form I-539 (Application to Extend/Change Nonimmigrant Status) with the US Citizenship and Immigration Services (USCIS). This application must be submitted while your current status is still valid.
Understanding fees and timelines
Generally, you will pay visa application fees when submitting Form DS-160, and potentially for Form I-539 if you’re changing or extending your status while in the States. Check the official US Department of State and USCIS websites for the most current fee schedules.
Consular processing times for TD visas can vary significantly. Additionally, processing Form I-539 within the US can also take several months.
Common challenges and tips
Being aware of potential issues can help ensure a smoother application experience.
Missing or incomplete documentation
Incomplete or inaccurate documentation is a frequent cause of visa delays or denials.
Solution: Create a checklist based on official requirements from the US Department of State or USCIS. Double-check all documents for accuracy, validity, and completeness before submission. Also, ensure marriage and birth certificates are official and translated if not in English.
Uncertainty about working or studying on a TD visa
Uncertain about what you’re legally allowed or restricted to do on a TD visa. Any confusion before your visa interview could lead you to giving incorrect answers.
Solution: Understand the limitations clearly. TD visa holders cannot work in the US, but can study full-time or part-time without needing a separate F-1 student visa.
Delayed processing due to consular or USCIS backlogs
As mentioned, visa processing times vary significantly, and late applications often lead to unexpected delays.
Solution: Apply as early as feasible, especially if applying through a consulate. Monitor published processing times on official websites, but be prepared for potential fluctuations.
Insufficient proof of principal’s status or financial support
The TD visa relies heavily on the status of the primary TN visa holder, so the right background information is an essential part of the application process.
Solution: Ensure the TN visa holder’s employment letter is current and detailed, and provide clear evidence of their ability to support the family.
Renewing or extending a TD visa
Your TD visa can be renewed or increased if the TN visa holder’s employment is similarly extended. As a dependent, you can apply to extend your TD status concurrently.
Mexican applicants may need to reapply for a new TD visa at a US Consulate if their visa stamp expires, even if their I-94 status is still valid or extended.
On the other hand, Canadians can apply for an extension of TD status at a port of entry when the TN principal extends their status, or by filing Form I-539 with USCIS if remaining in the US.
Those who changed to TD status within the US using Form I-539 will use the same form to apply for an extension.
Helping families succeed in the US
What’s better than building a bright future in a new place alongside your family? Whether you want to take advantage of better opportunities for yourself or your kids, the TD visa offers a straightforward path to a brighter future.
FAQs
Can TD visa holders work in the US?
No, individuals in TD visa status are not authorized to work in the United States. This is a strict rule. Any unauthorized employment can lead to serious immigration consequences.
Do TD visa holders need to apply for a Social Security Number (SSN)?
Generally, no. Since TD visa holders are not authorized to work, they are not eligible for a Social Security Number. SSNs are primarily issued for employment purposes. However, suppose a TD visa holder needs a taxpayer identification number for other reasons, such as having taxable US income from investments, which is rare for dependents. In that case, they might apply for an Individual Taxpayer Identification Number (ITIN) from the IRS.
How long does it take to process a TD visa application?
Processing times vary significantly. For Mexican citizens applying at a US Consulate, it can range from a few weeks to several months. For Canadian citizens applying for TD status at a port of entry, the decision is usually made at the time of application. For those filing to change or extend status while in the US, processing can take several months; check current USCIS processing times online.
Can children on a TD visa study in the US?
Yes, children and spouses with a TD visa are permitted to study in US educational institutions, from K-12 public or private schools to colleges and universities, without needing a separate student (F-1) visa.
What happens if the TN visa holder switches immigration status?
If the principal TN visa holder changes to another non-immigrant visa or becomes a lawful permanent resident through the Green Card, the TD visa dependents must also apply to change their status. The TD visa is contingent on the status of the principal TN visa holder.