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TN Nonimmigrant Visa: Employing Canadian and Mexican Nationals Under NAFTA

February 13th, 2012

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Basic Information about the TN Visa

TN Visas are available to citizens of Canada and Mexico who meet certain requirments. This visa category was created under the North America Free Trade Agreement (NAFTA). Canadian and Mexican citizens can work in the U.S. in positions listed in Appendix 1603.d.1.

The 1994 North American Free Trade Agreement (NAFTA) makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new classification, “TN,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications.
TN employment must be in a profession listed in Appendix 1603.D.1 to NAFTA and the TN employee must possess the credentials to be considered a professional in one of the listed fields.  Among the list of designated TN professions are: accountants, registered nurses, engineers, lawyers, research assistants, librarians, hotel managers, and a variety of other occupations.  Usually, a baccalaureate degree and/or appropriate licensing are required.  Click here to view the full NAFTA list of professions.
There is currently no annual limit on the number of TN admissions that may be granted.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed while under TD status.

TN Canadian or Mexican Citizen under NAFTA

The TN classification applies to a Canadian or Mexican citizen seeking temporary admission as a professional under the North American Free Trade Agreement.

Petition Document Requirements

For Canadian citizens, this classification does not require a petition for employment.  If the alien is a Canadian citizen and is outside of the U.S. he or she need not obtain a TN consular visa.  Rather, application may be made directly at any Class A U.S. port of entry. The Canadian citizen must provide the following:

  • A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
  • Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
  • Evidence that all licensure requirements, where applicable to the activity, have been satisfied; and
  • Evidence of Canadian citizenship.

For a Mexican citizen

A Mexican citizen may apply directly to a U.S. Consulate in Mexico for the TN visa.  The following must be included in the TN visa application:

  • A statement from the employer with a a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
  • Evidence that the intended U.S. activity is a designated profession listed in Appendix 1603.D.1;
  • Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
  • Evidence that all licensure requirements, where applicable to the activity, have been satisfied; and
  • Evidence of Mexican citizenship.

Duration

An alien may be admitted to the United States in TN status for an initial maximum stay period of three years.  TN professionals can receive extensions of stay in one-year increments with no outside limit on the total period of stay. However, the purpose of the alien’s stay must continue to be demonstrably temporary throughout the duration.

Change of Status to TN Category

Sometimes an alien that qualifies for TN status is already present in the United States under a different nonimmigrant category (i.e. B-1, H-1, L-1 status).  In this situation, the alien may apply for a change of nonimmigrant status to the TN category using Form I-129 and supplying the appropriate filing fee.  Dependents of a TN worker must file a separate application for change of status using Form I-539 and pay a separate filing fee.  Family members would then be changed to the TD category and may stay for the same authorized time as the TN principal.
Information courtesy of the U.S. Citizenship & Immigration Services website
Page Summary: US Immigration law firm assisting with work visas/NAFTA for Canadian and Mexican nationals