TN VISA

Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in U.S. in a professional occupation listed under NAFTA.

TN Visa has two categories: TN-1 Visa and TN-2 Visa. TN-1 Visa is used for Canadian citizens, and TN-2 Visa is for Mexican citizens. Generally speaking, obtaining a TN-1 Visa is much more straightforward than obtaining a TN-2 Visa.

To qualify a TN Visa, the following requirements must be met:

Canadian or Mexican nationality;
A letter from the prospective employer detailing the the proposed position which must be classified as a professional position; purpose of entry; proposed period of the employment; alien's education or professional abilities; remuneration, etc.;
Licenses (must have if required by profession);
Proof that the applicant has necessary training for that profession. For examples: diplomas, degrees, certificates or professional licenses or memberships.
Spouses and/or unmarried children under the age of 21 are eligible to enter the U.S. under the derivative TD-1 and TD-2 visas. Family members are not required to be Canadian or Mexican citizens, and are eligible to remain in the U.S. for the duration of the TN Visa holder's stay. They may either accompany the TN Visa holder to the U.S. or come at a later time.

NAFTA Listed Professional Occupations:

Professionals:
Accountant (CA, CPA, CGA, CMA)
Architect
College Teacher
Computer Systems Analyst
Disaster Relief Insurance Adjuster
Economist
Engineer
Forester
Graphic Designer
Hotel Manager
Industrial Designer
Interior Designer
Land Surveyor
Lawyer (including Quebec Notary)
Librarian
Management Consultant
Mathematician / Statistician
Range Manager / Conservationist
Research Assistant (post-secondary)
Scientific Technician / Technologist
Seminary Teacher
Social Worker
Sylviculturist
Technical Publication Writer
University Teacher
Urban Planner / Geographer
Vocational Counselor

Medical Professionals:
Dentist
Dietitian

Medical Laboratory Technologist
Nutritionist
Occupational Therapist
Pharmacist
Physician (teaching or researching)
Physiotherapist
Psychologist
Recreational Therapist
Registered Nurse
Veterinarian
Scientists:

Agriculturist
Animal Breeder
Animal Scientist
Apiculturist
Astronomer
Biochemist
Biologist
Chemist
Dairy Scientist
Entomologist
Epidemiologist
Geneticist
Geologist
Geophysicist
Horticulturist

Meteorologist
Physicist
Plant Breeder
Poultry Scientist
Soil Scientist
Zoologist

TN-1 Visa

Canadian citizens applying for the TN-1 Visa must provide the following information at a U.S. port of entry:

The requirements for Canadians and Mexicans wishing to enter under this classification are not the same. Citizens of Canada must provide the following at the port of entry:

1. A request for "TN" status;

2. A copy of the applicant's college degree and employment records which establish qualification for the prospective job;

3. A letter from the alien's prospective U.S.-based employer offering him or her a job in the United States, which is included on the professional job series (NAFTA list); and

4. A fee of U.S. $50.00.

Canadian citizens are not required to obtain a visa or Labor Certification, but instead receive "TN" status with the Immigration and Naturalization Service (INS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary.

It should be noted that before the end year 2001, US changed rules with respect to who are qualified to represent TN applicants at the port of entry. It was held that only US qualified lawyers, not Canadian lawyers, can represent TN aliens at the port of entry.

TN-2 Visa

Mexican citizens are eligible to apply for the TN-2 Visa. Interested applicants must meet the following requirements:

1. First, the prospective employer must file a labor condition application with the Department of Labor (DOL);

2. Then, the applicant's prospective employer must file an I-129 "Petition For Non-Immigrant Workers" with the Immigration and Naturalization Service (INS); and

3. After the petition has been approved, the alien must apply for a non-immigrant visa at a U.S. Embassy or Consulate in Mexico.

Only 5550 TN-2 Visas are issued each year to Mexican citizens. TN-2 candidates presently in the U.S. under another nonimmigrant status may wish to apply for a change of status.