TN NAFTA Professional

TN Category

Pursuant to the North American Free Trade Agreement (NAFTA), this category temporarily permits Canadian citizens and Mexican Citizens to work in the U.S. for up to three (3) year intervals, as long as their profession is listed on Schedule 2 (enclosed) and the applicant possess the necessary credentials for the position.  The TN may be extended up to three (3) year increments with no limit to the total period of stay as long as our intentions are to keep the applicant in the position temporarily.

 

Management and the proposed (or existing) employee must complete Dornbaum & Peregoy’ s Questionnaires and forward them to Dornbaum & Peregoy.  These forms provide Dornbaum & Peregoy with the necessary information to complete the TN petition.

 

Family members accompanying TN applicant will receive a TD category when entering the U.S.  They may not be employed in this category, but may seek employment with any company to obtain TN or other status to work.

 

There are three (3) ways to process a TN petition:

 

  • Canadian Nationals can process at the U.S./Canadian Border/Port of Entry.  It is preferred that individuals process at an airport at pre-flight inspection but one can also process at a Border Crossing Post When Driving.  Canadians are visa exempt and will receive an I-94 as evidence of the TN status;
  • Mexican Nationals outside of the U.S. must process the TN application at a U.S. Consulate, generally in Mexico, where s/he will be issued a visa.  Upon entry to the U.S., the individual will be given an I-94.  Currently visas to Mexican Nationals are only being granted in one (1) year increments; and
  • A TN petition for an individual currently in the U.S., in valid status, can apply for a Change of Status, an Extension of Status for a Current Employer, or an Extension of Status for a New Employer at Vermont Service Center.  This petition requires, in addition to the Support Letter, Form I-129 and the NAFTA Supplement to be completed.

 

To apply for a TN, a U.S. Company must provide the candidate with a support letter setting forth the proposed position title, requirements, description of duties, and salary.  In addition, the company must explain the reasoning, based on the candidate’s background and experience, for hiring the individual into the “temporary” position.

 

A Canadian citizen may take the letter with supporting documents to the airport or border upon entering the U.S.   The Customers and Border Protection (CBP) Officer will review the documentation and provide the individual with TN status for up to three years.

 

A Mexican citizen must present the letter and supporting documents to the U.S. Consulate in Mexico.  The Consulate will review the documentation and provide the individual with TN status for up to three years.

 

If an extension of the TN visa status is required, the Canadian citizen can choose to travel to Canada to obtain the extension when re-entering the U.S., or arrangements can be made to file an extension with USCIS.  A Mexican citizen can present the extension material to the U.S. Consulate in Mexico; or arrangements can be made to file an extension with USCIS.

TN NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Among the types of professionals who are eligible to seek admission as TN onimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:

  • You are a citizen of Canada or Mexico
  • Your profession qualifies under the regulations
  • The position in the United States requires a NAFTA professional
  • You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below)
  • You have the qualifications of the profession


Eligibility Criteria for Canadian Citizens

If you are a Canadian citizen, then you are not required to apply for a visa with a U.S. consulate or file a petition with U.S. Citizenship and Immigration Services (USCIS). You can request admission as a TN nonimmigrant at a U.S. port of entry, and you must provide the following documentation:

  • Proof of Canadian citizenship
  • Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, your educational qualifications
  • Credentials evaluation (if applicable)

If you are eligible following inspection by a U.S. Customs and Border Protection (CBP) Officer, then you will be admitted as a TN onimmigrant. Form I-94, Arrival/ Departure Record, will be evidence of your admission


Eligibility Criteria for Mexican Citizens

If you are a Mexican citizen, then you are not required to file a petition with USCIS. However, you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. See the Department of State link to the right “Mexican and Canadian NAFTA Professional Worker.”

Once you are approved for a TN visa you may apply for admission at a United States port-of-entry. If you are eligible following inspection by a CBP Officer, then you will be admitted as a TN nonimmigrant. Form I-94, Arrival/ Departure Record, will be evidence of your admission.


Period of Stay/Extension of Stay

Initial Period of Stay
Up to 3 years

If you wish to stay beyond the time indicated on Form I-94, you must seek an extension of stay. If you are in the United States, your employer may file Form I-129, Petition for Nonimmigrant Worker, with USCIS. For more information see the “Extend Your Stay” link to the right.

Note: You may apply at a port of entry using the same application and documentation procedures required at the time of your initial entry.


Family of TN Visa Holders

Any accompanying or following to join spouse and children under the age of 21 may be eligible for TD nonimmigrant status. They must demonstrate a bona fide spousal or parent-child relationship to you. Dependents do not have to be citizens of Mexico or Canada, but they must contact the American embassy or consulate that serves their area for information on how to apply for a visa. Spouses and children cannot work while in the United States, but they are permitted to study.


Canadian Citizen’s Dependents

Any spouse and children of a Canadian citizen do not need visas, but they must provide the following documentation at the port of entry:

  • Proof of Canadian citizenship
  • Proof of relationship to the TN nonimmigrant, such as a marriage certificate or birth certificate
  • Photocopies of the TN nonimmigrant’s entry documents


Mexican Citizen’s Dependents

Any spouse and children of a Mexican citizen must apply for the TD nonimmigrant status at an American embassy or consulate.

Dependents Following to Join

If any spouse and children are following to join the TN nonimmigrant, then they must show a valid Form I-94 as proof that the TN nonimmigrant is maintaining his or her TN nonimmigrant status.


PROFESSION

A professional position is one that requires the minimum of a Baccalaureate degree for entry into the profession.Unlike with the H-1B category, experience cannot be substituted in lieu of a degree.However, there are several job categories that have alternate requirements to a degree.

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The following are the professions eligible for TN status, as listed in NAFTA, along with the requirements for entry into the position:

  • Accountant: Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A.
  • Architect: Baccalaureate or Licenciatura Degree; or state/provincial license
  • Computer Systems Analyst: Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years of experience
  • Disaster Relief Insurance Claims Adjuster: Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance pertaining to disaster relief claims; or three years of experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims;
  • Economist: Baccalaureate or Licenciatura Degree
  • Engineer: Baccalaureate or Licenciatura Degree; or state/provincial license
  • Forester: Baccalaureate or Licenciatura Degree; or state/provincial license
  • Graphic Designer: Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years of experience
  • Hotel Manager: Baccalaureate or Licenciatura Degree in hotel/restaurant management; or post- secondary diploma or post-secondary certificate in hotel/restaurant management and three years experience in hotel/restaurant management
  • Industrial Designer: Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate and three years of experience
  • Interior Designer: Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate and three years of experience
  • Land Surveyor: Baccalaureate or Licenciatura Degree or state/provincial/federal license
  • Landscape Architect: Baccalaureate or Licenciatura Degree
  • Lawyer (Not including Notary in the province of Quebec): L.L.B., J.D., L.L.L., B.C.L. or Licenciatura degree (five years); or membership in a state/provincial bar
  • Librarian: M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
  • Management Consultant: Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
  • Mathematician (including Statistician): Baccalaureate or Licenciatura Degree
  • Range Manager/Range Conservationist: Baccalaureate or Licenciatura Degree
  • Research Assistant (working in a post-secondary educational institution): Baccalaureate or Licenciatura Degree
  • Scientific Technician/Technologist: Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.
  • Social Worker: Baccalaureate or Licenciatura Degree
  • Sylviculturist (including Forestry Specialist): Baccalaureate or Licenciatura Degree
  • Technical Publications Writer: Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
  • Urban Planner (including Geographer):Baccalaureate or Licenciatura Degree
  • Vocational Counselor–Baccalaureate or Licenciatura Degree

MEDICAL/ALLIED PROFESSIONALS

  • Dentist: D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license
  • Dietitian: Baccalaureate or Licenciatura Degree; or state/provincial license
  • Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States): Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
  • Nutritionist: Baccalaureate or Licenciatura Degree
  • Occupational Therapist: Baccalaureate or Licenciatura Degree;or state/provincial license
  • Pharmacist: Baccalaureate or Licenciatura Degree; or state/provincial license
  • Physician (teaching or research only): M.D. Doctor en Medicina; or state/provincial license
  • Physiotherapist/Physical Therapist: Baccalaureate or Licenciatura Degree; or state/provincial license
  • Psychologist: state/provincial license; or Licenciatura Degree
  • Recreational Therapist: Baccalaureate or Licenciatura Degree
  • Registered nurse: state/provincial license or Licenciatura Degree
  • Veterinarian: D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license

SCIENTISTS

  • Agriculturist (including Agronomist): Baccalaureate or Licenciatura Degree
  • Animal Breeder: Baccalaureate or Licenciatura Degree
  • Animal Scientist: Baccalaureate or Licenciatura Degree
  • Apiculturist: Baccalaureate or Licenciatura Degree
  • Astronomer: Baccalaureate or Licenciatura Degree
  • Biochemist: Baccalaureate or Licenciatura Degree
  • Biologist: Baccalaureate or Licenciatura Degree
  • Chemist: Baccalaureate or Licenciatura Degree
  • Dairy Scientist: Baccalaureate or Licenciatura Degree
  • Entomologist: Baccalaureate or Licenciatura Degree
  • Epidemiologist: Baccalaureate or Licenciatura Degree
  • Geneticist: Baccalaureate or Licenciatura Degree
  • Geochemist: Baccalaureate or Licenciatura Degree
  • Geologist: Baccalaureate or Licenciatura Degree
  • Geophysicist (including Oceanographer in Mexico and the United States): Baccalaureate or Licenciatura Degree
  • Horticulturist: Baccalaureate or Licenciatura Degree
  • Meteorologist: Baccalaureate or Licenciatura Degree
  • Pharmacologist: Baccalaureate or Licenciatura Degree
  • Physicist (including Oceanographer in Canada): Baccalaureate or Licenciatura Degree
  • Plant Breeder: Baccalaureate or Licenciatura Degree
  • Poultry Scientist: Baccalaureate or Licenciatura Degree
  • Soil Scientist: Baccalaureate or Licenciatura Degree
  • Zoologist: Baccalaureate or Licenciatura Degree

TEACHERS

  • College: Baccalaureate or Licenciatura Degree
  • Seminary: Baccalaureate or Licenciatura Degree
  • University: Baccalaureate or Licenciatura Degree

Canadian Citizens are eligible to apply for TN status at either a U.S. Consulate or at a Port of Entry, or the TN can be petitioned for via the USCIS Nebraska Service Center. All Mexicans apply for TN status must apply directly with USCIS.

TN status is issued in increments of one year and can be extended indefinitely.

It should be noted that unlike other work authorized categories such as the H-1B and the L-1, there is not duel intent with regards to the TN. An individual can be denied TN status is there is a petition pending for permanent residence.

TD status is available to spouses and unmarried children under the age of twenty-one (21), issued for the same time period as the TN beneficiary.TD nonimmigrants are not work authorized.

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