TN Visa Dependents: TD Status for Spouses and Children

If you're relocating to the U.S. on a TN visa, your spouse and children under 21 can accompany you under Trade Dependent (TD) status. The TD application follows the same basic process as the TN — border crossing for Canadians, consular processing for Mexicans — and is typically handled at the same time as the primary TN application.

The major limitation: TD status does not include work authorization. A TD spouse living in the U.S. cannot be employed, freelance, or run a business without obtaining independent work authorization.

Who Qualifies for TD Status

TD status is available to:

• Spouses (legally married) of TN holders
• Children under 21 (biological, legally adopted, or stepchildren)

There's no nationality requirement for dependents — your spouse and children don't need to be Canadian or Mexican citizens. A U.S. citizen spouse can enter on TD status (though as a U.S. citizen they have the right to be in the U.S. regardless). More commonly, TD status applies to foreign national dependents.

How TD Status Is Obtained

Canadian TN Holders

Canadian TN holders' dependents apply at the same port of entry as the TN holder — typically on the same trip. The dependent presents:

• Valid passport
• Proof of relationship to the TN holder: marriage certificate (for spouses) or birth certificate (for children)
• Proof of the TN holder's status: the TN approval (I-94) or the employer support letter
• If documents are not in English, certified translations are required

The dependent is directed to secondary inspection along with the TN holder. The CBP officer reviews the relationship documentation and grants TD status at the same time as or shortly after the TN is approved.

If dependents are not traveling together with the TN holder on the initial trip, they can apply for TD status at any future border crossing by presenting their relationship documents and the TN holder's I-94.

Mexican TN Holders

Dependents of Mexican TN holders who are themselves Mexican or other foreign nationals must obtain TD visas through consular processing — the same embassy appointment process as the primary TN applicant. They complete a DS-160 application and attend a consular interview, typically at the same appointment as the primary TN holder.

Non-Mexican dependents (e.g., a Colombian spouse of a Mexican TN holder) may apply for a TD visa at any U.S. embassy or consulate.

TD Status Duration

TD status is tied to the TN holder's authorized period of admission. If the TN holder is approved for three years, TD status is also granted for three years (or matching the TN expiration, whichever is sooner). When the TN holder renews, dependents renew at the same time through the same process.

Work Restrictions: The Key Limitation

TD holders are strictly prohibited from working in the U.S. This includes:

• Full-time or part-time employment
• Freelance or contract work
• Running a business
• Working for a foreign employer remotely from a U.S. address (in most cases)

This is a meaningful constraint. The H-4 visa (dependent of H-1B holders) can sometimes include an Employment Authorization Document (EAD) that permits work. TD status has no equivalent work authorization pathway.

Options for a Working TD Spouse

If your spouse wants to work in the U.S., TD status is not the right vehicle. The options:

Option 1: Qualify for their own TN. If your spouse is Canadian or Mexican and their profession is on the USMCA list, they can apply for their own TN with their own U.S. employer. Two TN holders in the same household is common in dual-professional couples.

Option 2: Apply for an H-1B. The H-1B lottery doesn't require any connection to your TN status. Your spouse applies independently with their own U.S. employer. If selected and approved, they have independent H-1B work authorization and don't need TD status at all.

Option 3: Apply for an O-1, L-1, or other work visa independently. Depending on your spouse's qualifications and employment situation, other visa categories may be available.

Option 4: Remote work for a non-U.S. employer. The tax and immigration law on this is complex, but generally a foreign national on TD status living in the U.S. and working remotely for a non-U.S. employer is not violating their TD status, as they're not "employed in the U.S." However, this creates U.S. tax obligations and potential employer tax liability — consult a tax professional.

TD status does not allow self-employment or U.S.-based freelancing regardless of who the client is.

School and Study on TD Status

TD dependents can attend school in the U.S. — including public K-12 schools and universities — without any separate student visa. Children can enroll in school immediately. A TD spouse can pursue a degree without needing an F-1 student visa.

However, TD status does not include work authorization even for on-campus student jobs. Students on TD who want to work must obtain separate EAD authorization, which is not straightforward under TD status.

Practical Tips for Crossing with Dependents

• Bring certified copies (and translations if needed) of all relationship documents — marriage certificate, birth certificates
• Have the TN holder's employer letter and I-94 accessible for the CBP officer
• All family members should cross at the same port of entry at the same time when possible — it simplifies the process
• Children who are U.S. citizens (birthright citizenship) should enter on their U.S. passports, not on TD status

The US TN Visa (USMCA) Guide includes a TD status checklist with required documents for each family member type, plus a section on work authorization options for spouses who want to pursue their own U.S. career.