Temporary (Nonimmigrant) Visas

TN Status - NAFTA professionals from Canada and Mexico

General

The North American Free Trade Agreement (NAFTA) provides for the temporary entry of Mexican and Canadian business persons to “engage in activities at a professional level.” The TN status seeker is not required, however, to meet the requirements for “professional” status at the H-1B level. The applicant must be involved in one of the following occupations at a professional level.

Qualifying Occupations

Accountant
Agronomist
Animal Breeder
Animal Scientist
Apiculturist
Architect
Astronomer
Biochemist
Biologist
Chemist
Computer Systems Analyst
Dairy Scientist
Dentist
Dietician
Disaster Relief Insurance Claims Adjuster
Economist
Engineer
Entomologist
Epidemiologist
Forester
Geneticist
Geochemist
Geologist
Geophysicist (Oceanographer)
Graphic Designer
Horticulturist
Hotel Manager
Industrial Designer
Interior Designer
Land Surveyor
Landscape Architect
Lawyer (or Notary in the Quebec province)
Librarian
Management Consultant
Mathematician (Statistician)
Medical Laboratory Technologist
Meteorologist
Nutritionist
Occupational Therapist
Pharmacist
Pharmacologist
Physician (teaching or research only)
Physical Therapist
Physicist (Oceanographer)
Plant Breeder
Poultry Scientist
Psychologist
Range Manager/Conservationist
Recreational Therapist
Registered Nurse
Research Assistant (in post-secondary educational institution)
Scientific Technician
Social Worker
Soil Scientist
Teacher (College, Seminary, University)
Technical Publications Writer
Urban Planner (Geographer)
Veterinarian
Vocational Counselor
Zoologist

Each occupation requires either a US or Canadian baccalaureate degree, or a licenciatura degree from Mexico. Some professions may substitute a state license for the requisite degree, and others may qualify on the basis of a 2 year post-secondary degree and work experience. The three year baccalaureate degree that is common in Canada is sufficient to meet the requirements for TN status.

Anyone seeking to enter the US in order to provide training in any of the above occupations also meets the requirements of TN status, so long as the training is at a professional level and be undertaken for a US entity.

The TN Status requires that the alien have nonimmigrant intent, defined as entering the US without the intent to establish permanent residence.

There is a numerical limitation to the amount of Mexico nationals who may enter the US under TN status in the amount of 5,500, not including applications for extensions of stay or the family members of the TN professionals. This limit is not imposed upon Canadian nationals.

CANADIAN TN PROFESSIONALS

A Canadian national may apply for admission to the US as a TN professional at either a port of entry,
 a US international airport, or a US pre-flight station. No prior approval is required. The Canadian
national must simply show proof of Canadian citizenship and proof of their qualification as a member of one of the listed occupations in which the Canadian will be working temporarily in the US. 

Acceptable proof of qualification for Canadians seeking TN status:

Letter from the prospective employer
Licenses
Diplomas
Degrees
Certificates
Membership in professional organizations
Proof of Canadian citizenship
Documentation concerning the proposed activity, the purpose of entry into the US, the 
approximate length of stay, the professional level status of the applicant and the compensation that is to take place.

A qualified Canadian will be admitted for up to one year and given a Form I-94, once the requisite $50 fee is paid. So long as the I-94 remains valid, the TN professional may reenter the US without any further documentation or fees.

Dependents of TN Professionals

Dependents of a Canadian TN professional may accompany them or follow to join under the TD (Trade Dependent) status for spouses and unmarried minor children without a fee or nonimmigrant visa. Other nationalities must obtain a TD nonimmigrant visa after the principal TN alien receives their admission to the US. TD status is also for a period of up to one year. 

The TD dependents of the TN professional may not accept employment, but may attend school, so long as this study is incidental to the dependents’ accompanying the principal alien in the US.

Extensions of Stay

Extensions of stay may be applied for in periods of one year, without time limitations. An I-129 petition should be filed with the Northern Service Center, including a letter from the US employer that states that the services of the Canadian are still necessary and will be required for the requested additional amount of time. These extensions will also be granted to the dependents of the TN professional.

Dependents should file a Form I-539, along with the Form I-129 for the TN professional, in order to apply for an extension of stay, or a change of nonimmigrant status to TD. This petition is filed with the Director of the Northern Service Center.

Changing or Adding Employers

The same procedure as that required for extensions of stay should be followed in order to change or add employers.

TC or B-2 Aliens Under Prior Regulations

All TC professionals will be automatically converted to TN status for the duration of their period of authorized stay. Likewise, their dependents will be automatically changed from B-2 status to TD status.

Change of Status to the TN Professional

Form I-129 should be submitted by the employer in order to change the status of a Canadian employee to TN status. The I-129 should be accompanied by a description of the duties of the employee, the proposed length of stay and the compensation arrangements. Evidence must also be included regarding the professional qualifications of the Canadian national, evidence of their citizenship and evidence that any applicable licensing requirements are met.

MEXICAN TN PROFESSIONALS

Procedure

Mexican nationals seeking to enter the US in TN status must follow the procedures for the H-1A and H-1B classifications. The only difference in procedure is that the I-129 visa petitions must be filed with the Northern Service Center, regardless of the location of the employment.

The I-129 must be accompanied by a labor condition application with the Department of Labor, filed by the prospective employer. This application must include evidence that the professional meets the educational, experience and license requirements of the profession. The employer must also include a description of the proposed duties of the employee, along with the state licensing requirements, if any.
Once the TN visa petition is approved, the Mexican national must apply for a TN visa at a US consulate. The TN status will be granted for up to one year. The Mexican national may reenter the US, so long as the authorized stay and employment situation remain current, without any further documentation.

Extensions of Stay

The Mexican national may extend their stay indefinitely, in periods of one-year. They may do so by submitting the I-129 and supporting documents (see above procedure for Canadian nationals) to the Northern Service Center.

Dependents

Dependents of the Mexican TN professional are admitted as TD nonimmigrant, following the Mexican TN professional’s admission to that status. The terms of their stay, extensions and restrictions on employment are the same as those set out above for the dependents of Canadian TN professionals. 

Dependents should file a Form I-539, along with the Form I-129 for the TN professional, in order to apply for an extension of stay, or a change of nonimmigrant status to TD. This petition is filed with the Director of the Northern Service Center.

Change of Status to the TN Professional

Form I-129 should be submitted by the employer in order to change the status of a Mexican employee to TN status. The I-129 should be accompanied by a description of the duties of the employee, the proposed length of stay and the compensation arrangements. Evidence must also be included regarding the professional qualifications of the Mexican national, evidence of their citizenship and evidence that any applicable licensing requirements are met. Furthermore, the Mexican national must submit the appropriate labor condition application from the Secretary of Labor