TN VISA / TREATY NAFTA PROFESSIONALS

To consult an immigration lawyer regarding the TN Visa, please call us at (626) 279-5341 or e-mail us at info@bccvisalaw.com. An attorney in our office would be happy to assist you.


Certain Canadian and Mexican professionals are eligible to obtain one-year work permits, which can be renewed annually. 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.

Medical/Allied Professionals

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.

Scientists

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.

Teachers

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 Trade Agreement.

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.

Mexican Citizen Requirements:

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.

Mexican 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.

Mexican applicants for a TN visas must present these documents to the US Embassy or Consulate:

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;

4. A 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;

5. Evidence 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

7. Evidence that the applicant's stay in the US will be temporary and has a reasonable, finite end that does not equate to permanent residence;

How Long Can I Stay?

The maximum period of admission into the US is one year. The US Citizenship and Immigration Services (USCIS) grants extensions of stay in one 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.

Extension of Stay

For Canadian or Mexican citizens admitted as a TN Professional may seek an extension of stay, which may be granted up to one year

Additional Information

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.

Unless previously 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.

Visa Denials

If the 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.

Entering the U.S. - Port of Entry

Applicants 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.

Staying 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 be out-of-status.

Staying beyond 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.

Staying unlawfully 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.