/ TREATY NAFTA PROFESSIONALS
To consult an immigration
lawyer regarding the TN Visa, please call us at (626) 642-8066 or e-mail
us at firstname.lastname@example.org. An attorney
in our office would be happy to assist you.
Certain Canadian and Mexican professionals are eligible to obtain 3 year
work permits, which can be renewed indefinitely in 3-year increments.
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 US under other nonimmigrant classifications.
TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA
and the TN employee must possess the credentials required. There is no
annual limit on TN admissions.
Professions under NAFTA Appendix 1603.0.1
Accountant, Architect, Computer Systems Analyst, Disaster Relief Insurance
Claims Adjuster, Economist, Engineer, Forester, Graphic Designer, Hotel
Manager, Industrial Designer, Interior Designer, Land Surveyor, Landscape
Architect, Lawyer (including Notary in the province of Quebec), Librarian,
Management Consultant, Mathematician (including statistician), Range Manager/Range
Conservationist, Research Assistant (working in a post-secondary educational
institution), Scientific Technician/ Technologist, Social Worker, Sylviculturist
(including forestry), Technical Publications Writer, Urban Planner (including
Geographer), Vocational Counselor.
Dentist, Dietitian, Medical Laboratory Technologist (Canada)/Medical Technologist
(Mexico and the United States), Nutritionist, Occupational Therapist,
Pharmacist, Physician (teaching or research only), Physiotherapist/Physical
Therapist, Psychologist, Recreational Therapist, Registered Nurse, Veterinarian.
Agricultural (Agronomist), Animal Breeder, Animal Scientist, Apiculturist,
Astronomer, Biochemist, Chemist, Dairy Scientist, Entomologist, Epidemiologist,
Geneticist, Geochemist, Geophysicist (including Oceanographer in Mexico
and the United States), Horticulturist, Meteorologist, Pharmacologist,
Physicist (including Oceanographer in Canada), Plant Breeder, Poultry
Scientist, Soil Scientist, Zoologist.
College, Seminary, University.
Family Members - TD Status
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 US, but may not be employed
under the TD status.
TN Canadian or Mexican under NAFTA
The TN classification applies to a Canadian or Mexican citizen seeking
admission as a professional temporarily under the North American Free
Canadian Citizen Requirements:
The TN classification does not require a petition for employment, if the
alien is a Canadian citizen and is outside of the US. Canadian citizens
need not obtain TN visas, and may apply directly at Class A US ports of
entry. They must provide:
1. 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;
2. Evidence that the beneficiary meets the education and/or alternative
credentials for the activity;
3. Evidence that all licensure requirements, where applicable to the
activity, have been satisfied; and
4. Evidence of Canadian citizenship.
As of January 1, 2004, the procedures were simplified for Mexicans by
removing the requirement for petition approval and for filing of a labor
condition application. Mexicans are no longer subject to numerical limitation
for these professionals. Mexican citizens still require a visa to request
admission to the United States.
citizens may apply at US Embassies or Consulates around the world for
a NAFTA professional TN visa. As part of the visa application process,
an interview at the embassy consular section is required for most visa
applicants. Interviews are generally by appointment only. As part of
the visa interview, an ink-free, digital fingerprint scan can generally
be expected. The waiting time for an interview appointment for most
applicants is a few weeks or less, but for some embassy consular sections
it can be considerably longer.
applicants for a TN visas must present these documents to the US Embassy
1. Completed Nonimmigrant
Visa Application Forms;
2. A Mexican
passport valid for travel to the United States and with a validity date
at least six months beyond the applicant's intended period of stay in
the United States;
3. One 2 inches
by 2 inches visa photo;
statement from the US 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. Part-time employment
is permitted. Self-employment is not permitted;
that the beneficiary meets the education and/or alternative credentials
for the activity;
6. Evidence that all licensure requirements, where applicable to the
activity, have been satisfied; and
that the applicant's stay in the US will be temporary and has a reasonable,
finite end that does not equate to permanent residence;
Can I Stay?
period of admission into the US is 3 years. The US Citizenship and Immigration
Services (USCIS) grants extensions of stay in 3-year increments. There
is no limit on the number of extensions a TN visa holder may apply.
However, the TN visa status is not for permanent residence.
or Mexican citizens admitted as a TN Professional may seek an extension
of stay, which may be granted up to 3 years.
No assurances regarding
the issuance of visas can be given in advance. Therefore, final travel
plans or the purchase of nonrefundable tickets should not be made until
a visa has been issued.
canceled, a visa is valid until its expiration date. Therefore, if the
traveler has a valid U.S. visitor visa in an expired passport, do not
remove the visa page from the expired passport. You may use it along
with a new valid passport for travel and admission to the United States.
Misrepresentation of a Material Facts, or Fraud.
Attempting to obtain
a visa by the willful misrepresentation of a material fact, or fraud,
may result in the permanent refusal of a visa or denial of entry into
the United States. Classes of Aliens Ineligible to Receive Visas , provides
important information about ineligibilities.
consular officer should find it necessary to deny the issuance of a
TN visa, the applicant may apply again if there is new evidence to overcome
the basis for the refusal.
the U.S. - Port of Entry
should be aware that a visa does not guarantee entry into the United
States. The visa allows a foreign citizen to travel to a port of entry
in the United States, such as an international airport, a seaport or
a land border crossing, and request permission to enter the US immigration
officer will permit or deny admission to the United States, and determine
your length of stay in the US, on any particular visit. Form I-94, Record
of Arrival-Departure, which notes the length of stay permitted, is validated
by the immigration officer. Form I-94, which documents your authorized
stay in the US, is very important to keep in your passport. Additionally,
as a Mexican citizen seeking entry as a TN professional, you must present
evidence of professional employment to satisfy the immigration officer
of your plans to be employed in prearranged business activities for
a US employer at a professional level.
Beyond Your Authorized Stay in the U.S. and Being Out of Status
You should carefully
consider the dates of your authorized stay and make sure you are following
the procedures under US immigration laws. It is important that you depart
the US on or before the last day you are authorized to be in the US
on any given trip, based on the specified end date on your Form I-94,
Arrival-Departure Record. Failure to depart the US will cause you to
the period of time authorized by the immigration authorities and being
out-of-status in the United States is a violation of US immigration
laws, and may cause you to be ineligible for a visa in the future for
return travel to the US.
in the United States beyond the date the immigration officer has authorized,
even by one day, results in your visa being automatically voided. If
you overstay on your nonimmigrant authorized stay in the US your visa
will be automatically voided. In this situation, you are required to
reapply for a new nonimmigrant visa, generally in your country of nationality.
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