The North American Free Trade Agreement (NAFTA) established a nonimmigrant visa classification for Canadian and Mexican professionals. In essence, this nonimmigrant status is available to qualified members of certain pre-determined occupations. These professions all require, minimally, a baccalaureate or licenciatura degree and/or, in some instances, professional licensure or certification. Although it is similar to the H-1B classification, TN status contains some notable advantages over H-1B visa status. Please note: Dependents of a TN are given TD status and may not be employed in the United States.
| 1. | In many instances, TN status may be obtained more quickly. |
| 2. | If the individual is subject to the two-year home residence requirement [212(e)] stemming from J-1 status, s/he may be able to obtain TN status without obtaining a waiver of the requirement. |
| 3. | There is no cumulative total limit on the time a Canadian or Mexican citizen can be in TN status. TN status may be granted in increments of up to three years as of October 16, 2008. |
| 1. | There is no dual intent like the H-1B; therefore, it may be problematic to apply for permanent residence while in TN status. |
General
Accountant
Architect
Computer Systems Analyst (w/3yrs. experience)
Disaster Relief
Insurance Claims Adjuster
Economist
Engineer
Forester
Graphic Designer
Hotel Manager
Industrial Engineer
Interior Designer
Land Surveyor
Landscape Architect
Lawyer
Librarian
Management Consultant
Mathematician
Range Manager/Conservation
Research Assistant (at an educational institution)
Scientific Technician/Technologist
Social Worker
Technical Writer
Urban Planner/Geographer
Vocational Counselor | | Medical/Allied Health Professional
Dentist
Dietician
Medical Technologist
Nutritionist
Occupational Therapist
Pharmacist
Physician (teaching/research only)
Physical Therapist
Psychologist
Recreational Therapist
Registered Nurse
Veterinarian Teacher
College
Seminary
University | | Scientist
Agriculturalist
Animal Breeder
Animal Specialist
Apiculturist
Astronomer
Biochemist
Biologist
Chemist
Dairy Scientist
Entomologist
Epidemiologist
Geneticist
Geophysicist
Horticulturalist
Meteorologist
Pharmacologist
Physicist
Plant Breeder
Poultry Specialist
Soil Scientist
Zoologist |
- Canadians never need to obtain a visa stamp from a U.S. embassy or consulate. They may apply for TN status at the port of entry into the United States. No prior pre-approved application is needed.
- Mexicans must apply for a TN visa at a U.S. consulate in Mexico.
| 1. | Proof of Canadian or Mexican citizenship |
| 2. | Letter or contract from the employer that outlines: |
| | a) Job description |
| | b) Anticipated length of stay (three year maximum; the TN may be renewed indefinitely in three year increments) |
| | c) Qualifications needed for the job |
| | d) Terms of employment (salary, hours, etc.) |
| | e) Evidence the Canadian/Mexican meets any applicable licensure requirements for the position |
| 3. | His/her professional qualifications (diplomas, licenses, etc.) |
| 4. | Application fee |
A TN has two options for extending his/her TN status:
| 1. | (a) Canadian: Travel to the U.S.-Canadian border with a letter from his/her employer and apply for TN status. The individual must pay a processing fee at the time of application.
(b) Mexican: Travel to the U.S. consulate in Mexico with a letter from his/her employer and apply for a TN visa renewal.
|
| 2. | Apply for an extension through the USCIS. To apply, complete th for the TN Extension Request Form and submit it to OIP with all required attachments for processing. Please allow 3-4 months for processing. |