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NAFTA is the North American Free Trade Agreement. It creates
special economic and trade relationships for the United States, Canada and
Mexico. The nonimmigrant NAFTA Professional (TN) is for Canadian and Mexican citizens
engaged in activities at a professional level in the U.S. The Professional TN
is much like the H-1B visa except there is no statutory limitation on the
length of stay and it covers a broader range of job categories. However, unlike
the H-1B visa, a TN visa is not a “dual intent” visa which means that the visa
holder must prove their intent not to immigrate to the U.S.
The following restrictions apply to the TN visa category:
- You may only work under certain types of occupations.
- You may not be self-employed in any occupation while in
the U.S.
- Successful applicants must intend to return to Canada
or Mexico when their work in the U.S. is complete.
- Extensions are available in one-year increments.
What are the requirements to obtain a
Professional TN visa?
- Applicant must be a citizen of Canada or Mexico;
- Profession is on the NAFTA
list;
- Position in the U.S. requires a NAFTA professional;
- The Applicant is to work in a prearranged full-time or
part-time job, for a U.S. employer; and
- The Applicant has the qualifications required for the profession.
The application requirements are different for citizens
of Canada and Mexico (see below).
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be
issued to qualified TN visa applicants upon request. However, a Canadian
residing in another country with a non-Canadian spouse and children would need
a visa to enable his/her spouse and children to apply for a visa to accompany
or join the NAFTA Professional, as a TD visa holder.
A Canadian citizen without a TN visa can apply at
a U.S. port of entry with all of the following:
- Request for admission under TN status to Department of
Homeland Security, Customs and Border Protection, US immigration officer;
- Employment Letter which describes in detail the
activities/job duties to be performed; the purpose of entry; anticipated length
of stay; beneficiary’s educational qualifications; beneficiary’s compliance
with any applicable state law; and arrangements for payment of salary.
- Proof of professional qualifications - degrees/diplomas
&/or transcripts along with credentials evaluation if necessary; licenses,
certificates, degrees, and/or records of previous employment.
- Proof of Canadian citizenship- Canadian citizens may
present a passport, as visas are not required, or they may provide secondary
evidence, such as a birth certificate. Note: Canadian citizens traveling to the
U.S. from outside the Western Hemisphere are required to present a valid
passport at the port-of-entry.
- Visa application fee
- May need to provide proof that stay in U.S. is
temporary period (i.e., real estate ownership documents, residential lease or
sub-lease agreement, bank account statements, evidence of immediate family
still residing in Canada, etc.)
NOTE: Be sure
to check the U.S. Consulate website that you will be visiting for their
specific procedures regarding visa applications and interviews. They will also
list the visa application fees and current forms to submit.
Requirements for Mexican Citizens
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 consular sections
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. As part of the visa interview, a quick, two-digit,
ink-free 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. Each Mexican applicant
for a TN visa must submit the following:
- Nonimmigrant Visa Application, Form DS-156, completed
and signed. Applicants are strongly encouraged to submit the electronic version
of the DS-156.
- A consular officer may require any nonimmigrant visa application to complete a Supplemental
Nonimmigrant Visa Application, Form DS-157. This form provides additional
information about your travel plans.
- 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.
- Employment Letter which describes in detail the
activities/job duties to be performed; the purpose of entry; anticipated length
of stay; beneficiary’s educational qualifications; beneficiary’s compliance
with any applicable state law; and arrangements for payment of salary.
- Proof of professional qualifications - degrees/diplomas
&/or transcripts along with credentials evaluation if necessary; licenses,
certificates, degrees, and/or records of previous employment.
- Visa application fee
- May need to provide proof that stay in U.S. is
temporary period (i.e., real estate ownership documents, residential lease or
sub-lease agreement, bank account statements, evidence of immediate family
still residing in Mexico, etc.)
- If applying in country other than Mexico, one 2x2
photograph of the applicant will be required
NOTE: Be sure to check the
U.S. Consulate website that you will be visiting for their specific procedures
regarding visa applications and interviews. They will also list the visa
application fees and current forms to submit.
Is Licensure Required?
Requirements for NAFTA professional do not
include licensure. Licensure to practice a given profession in the U.S. is a
post-entry requirement subject to enforcement by the appropriate state or other
sub-federal authority. However, if readily available, it is always a good idea
to submit proof that the applicant possesses the required license or proof of
ability to meet applicable license requirement.
Spouses and Children
Spouses and children (unmarried children under
the age of 21) who are accompanying or following to join NAFTA Professionals
(TN visa holders) may receive a derivative TD visa. Applicants must provide
proof of their relationship to the principal TN visa holder. Dependents do not
have to be citizens of Mexico or Canada. Spouses and children cannot work while
in the U.S.; however, they are permitted to study.
Canadian citizen spouses and children do not need
visas, but they must have the following documents at the port of entry:
- Proof of Canadian citizenship;
- Proof of relationship to the principal applicant, such
as marriage certificate and birth certificate; and
- Photocopies of entry documents of the principal
applicant.
Mexican citizen spouses and children must apply
for TD nonimmigrant visas at a U.S. embassy or consulate.
If the spouse and children are not Canadian
citizens, they must get a TD nonimmigrant visa from a U.S. embassy or
consulate. They must contact the U.S. embassy or consulate that serves their
area for information on how to make visa applications.
Spouses or children following to join must show a
valid I-94, thereby providing proof that the principal TN visa holder is
maintaining his/her TN visa status
How Long Can I Stay?
The maximum period of admission into the U.S is
one year. Extensions of stay will be granted in increments of one year. There
is no limit on how long a TN visa holder may remain in the U.S. in such status;
however, the TN is not a dual intent visa and TN visa holders must prove they
do not intend to immigrate to the U.S.
Extension of Stay
For Canadian or Mexican citizens admitted as a
NAFTA Professional may seek an extension of stay which may be granted up to one
year, by:
If in the U.S.: filing Form I-129 Petition for
Non-immigrant Worker along with all required supporting documentation and filing fee with the appropriate USCIS Regional
Service Center.
Or, the applicant may apply at a port of entry using the same
application and documentation procedures above as required for the initial
entry.
The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.
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