TN Visa: USMCA Professionals
The TN Visa category was created under the United States-Mexico-Canada Agreement or USMCA (formerly NAFTA), which created special economic and trade relationships for the U.S., Canada, and Mexico.
Canadians and Mexicans may be eligible to work in the U.S. as a nonimmigrant USMCA professional under the following conditions:
- The applicant is a citizen of Canada or Mexico;
- The prospective job offer is a profession on the USMCA list;
- The applicant will work in a prearranged full-time or part-time job for a U.S. employer (self-employment is not permitted); and
- The applicant has the required USMCA qualifications, meeting the specific education and/or experience requirements of the profession.
With some exceptions, each profession requires the applicant to possess a Bachelors degree as an entry-level requirement. In some professions, an alternative to a Bachelors degree is listed, such as related experience or special licensing.
Among the list of designated TN professions are: Accountants, Computer Systems Analysts, Mathematicians, Economists, Management Consultants, Registered Nurses, Engineers, Lawyers, Research Assistants, Graphic Designer, Librarians, Hotel Managers, and more.
- Management Consultant
The Management Consultant category is one of the most popular, but also one of the most scrutinized TN occupations. It is intended for professionals who are retained by a U.S. corporation to look at the big picture of its organization and make suggestions or recommendations for change or improvement.
- Scientific Technician/Technologist
To qualify for TN status as a Scientific Technician/Technologist under USMCA, the position must involve the use of scientific principles, research and development, and/or scientific observations and calculations. Traditional duties include: set-up, operate, and maintain technical instruments; monitor experiments, make observations, calculate and record results and often develop conclusions.
Seeking admission to the U.S. as a Physician under the NAFTA treaty has very strict limitations. A Physician may enter in TN status to engage in a teaching or research position only. Direct patient care is prohibited. There is, however, a caveat to this general condition – patient care that is incidental to a teaching and/or research position is permissible.
- Registered Nurses (RN)
The TN visa regulations allow a professional to enter the U.S. to render pre-arranged professional services as a Registered Nurse (RN). Typically, a RN coordinates patient care, educates patients and the public about various health conditions, and provides advice and emotional support to patients and their family members.
- Computer Systems Analyst
Computer Systems Analysts, sometimes called systems architects, study an organization’s current computer systems and procedures, and design solutions to help the organization operate more efficiently and effectively. They bring business and information technology (IT) together by understanding the needs and limitations of both.
To qualify for TN status based on work in the profession of economist, the applicant must engage in activities consistent with the profession. This includes conducting research, preparing reports, or formulating plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy.
An individual applying for TN status as an engineer should have a U.S. job offer to work in one of the many engineering specialties (i.e., mechanical, chemical, civil, electrical, software, etc.). The regulations do not specifically list the job duties that are required for an individual to qualify under this category, so applicants should refer to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance.
- Graphic Designer
Graphic designers create visual concepts, by hand and/or using computer software, to communicate ideas that inspire, inform, and captivate consumers. They develop the overall layout and production design for various applications such as advertisements, brochures, magazines, and corporate reports.
- Occupational Therapist
Occupational therapists treat injured, ill, or disabled patients through the therapeutic use of everyday activities. They help patients develop, recover, improve, and maintain the skills necessary for daily living.
- Physical Therapist
Physical therapists, sometimes called PTs, help injured and/or ill individuals manage pain and improve movement. These therapists are often an important part of rehabilitation, treatment, and prevention of patients with chronic conditions, illnesses, or injuries.
Pharmacists dispense prescription medications to patients and offer expertise in the safe use of prescriptions. They also may conduct health and wellness screenings, provide immunizations, oversee the medications given to patients, and provide advice on healthy lifestyles.
A Canadian citizen may apply for TN status directly at a Class A port of entry to the U.S. Alternatively, applicants may submit a petition through the mail with USCIS; upon approval, the applicant may then enter the U.S. in TN status. A Mexican citizen may apply for a TN visa directly at a U.S. Consulate in Mexico.
All petitions must include, at a minimum:
- A detailed statement from the U.S. employer with a full description of the proffered position and nature of the beneficiarys proposed duties, the anticipated length of stay in the U.S., and remuneration;
- Evidence that the beneficiary meets the required education, licensure requirements, and/or alternative credentials for the USMCA position; and
- Evidence of Canadian or Mexican citizenship.
A foreign national in TN status may be admitted to the U.S. for an initial period of stay not to exceed three years. TN professionals can receive extensions of stay for up to a three-year period. There is currently no annual limit on the number of TN admissions/extensions that may be granted. However, as TN status is a nonimmigrant category, the purpose of the foreign nationals stay in the U.S. must continue to be demonstrably temporary throughout the duration of status.
Dependents (spouses and unmarried children under 21 years of age) of TN professionals may obtain TD status with the same restrictions as the principal. Dependents may attend school as students in the U.S., but they may not be employed while in TD status.
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“I needed help to prepare a TN Visa application. After my consultation with Zach, I was confident to have BIL draft my TN Visa application. Zach explained the process in detail and prepared me for the interview. It was comforting to have a reputable firm that’s extremely familiar with this process draft my application as well as prepare me for the interview.”
“Before finding Berardi Immigration, I was struggling to find a lawyer in the US that specializes in TN visas. I had undergone discovery calls with a number of firms, but none that I felt I could give my full confidence to in handling my application. I came across Berardi Immigration after a Google search and was immediately impressed by the knowledge, relevant years of experience, and raving reviews Rosanna and her team had accumulated. From my first interaction getting in contact with Rosanna to the touchpoints and interactions I had leading up to submitting the application, I was able to stay confident that the team I had entrusted with my case (and my future) were working diligently and efficiently to ensure the experience would be as seamless as possible. Thank you so much to Rosanna, Zach, and Sam for your empathy and support towards my application.”
“Rosanna and everyone on her team created a flawless customer experience for me as a consultant needing to renew a TN visa. From beginning to end they were proactive, thorough, efficient, and friendly. They gave me great peace of mind in a very stressful situation that had enormous potential for negative consequences. I can recommend them with complete confidence, and I look forward to dealing with them again in the future.”
“My husband, Kyle needed to get a TN visa and later on, a green card. Berardi Immigration Law was extremely helpful in clearly explaining what we needed to do, outlining the best way to do it, reminding us when deadlines were approaching and fixing any problems that arose. And of course, securing the visa and green card in the end. In all of this, the firm was quick to respond and very pleasant to work with. The experience was painless – and immigration dealings are often the opposite – and we knew we could always trust that Berardi Immigration Law would come through in the end. Having that trust gave us peace of mind during otherwise stressful times.”
“My firm wanted to provide management consultancy services to a US-based company to advise its clients on optimum ERP strategy and related. As part of that, I needed to travel to the US to meet with the clients to provide the consultancy services agreement. I was very happy with (Berardi’s) expertise of law and in advising on the best way to approach the US travel. You drafted the consultancy services agreement and the TN Management Consultant petition for my travel, representing my company very carefully and in full compliance of the law. When I went to the border to present and meet with the Officer, it was clear and the processing went quite smooth. (Thanks for) the knowledge and expertise of your counsel and the professionalism with which they handled my requirement.”
“Thanks for all your help! I heard all about what happened with the driver’s license, etc. Never a dull moment in the world of applying for a TN Visa! That’s why we truly appreciate people like yourself who can help with the whole process… makes our lives much easier! Thanks again Rosanna!”
The Berardi Difference
At Berardi Immigration Law, we won’t just draft your TN application. Rather, we will create a strategic plan for your application which includes working with you and your employer to clearly understand your job duties, drafting a comprehensive TN petition and supporting evidence, and meeting with you in Fort Erie, Ontario, Canada immediately before you present your application to Customs and Border Protection at the Peace Bridge in Buffalo, NY. As we successfully file a great deal of TN applications each year, we are well-versed on government processing trends and expectations. We enjoy a strong working relationship with Customs and Border Protection, that results in a very high approval rating for our clients. Applying for a TN work permit is not a do-it-yourself project. Dont show up at the border with your job offer letter and resume. Rather, contact the experienced immigration team at Berardi Immigration Law for a seamless TN approval.