NAFTA Visas for Canadians and Mexicans
The TN nonimmigrant visa was created after the passage of the North American Free Trade Agreement (NAFTA) in 1993. The agreement eased trade restrictions between Canada, the US and Mexico, and called for some new immigration rules. It eased restrictions on E and L visas, and created a new type of visa, the TN.
Business Visitor Visa under NAFTA
NAFTA also expanded the grounds upon which Canadians and Mexicans can enter the US as business visitors. The activities that can be engaged in on a business visitor visa under NAFTA are as follows:
Research and design - covers technical, scientific, and statistical researchers conducting independent research for an enterprise located in Canada or Mexico
Growth, manufacture and production -
Harvester owner supervising a harvesting crew admitted under applicable law (applies only to harvesting of agricultural crops: grain, fiber, fruit, and vegetables)
Purchasing and production management personnel conducting commercial transactions for an enterprise located in Canada or Mexico
Marketing -
Market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise located in Canada or Mexico
Trade fair and promotional personnel attending a trade convention
Sales -
Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in Canada or Mexico, but not delivering goods or providing services
Buyers purchasing for an enterprise located in Canada or Mexico
Distribution -
Transportation operators transporting goods or passengers to the United States from the territory of another Party or loading and transporting goods or passengers from the United States to the territory of another Party, with no unloading in the United States, to the territory of another Party. (These operators may make deliveries in the United States if all goods or passengers to be delivered were loaded in the territory of another Party. Furthermore, they may load from locations in the United States if all goods or passengers to be loaded will be delivered in the territory of another Party. Purely domestic service or solicitation, in competition with United States operators, is not permitted.)
Customs brokers performing brokerage duties associated with the export of goods from the United States to or through Canada
After-sales service -
Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to the seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the United States, during the life of the warranty or service agreement. (For the purposes of this provision, the commercial or industrial equipment or machinery, including computer software, must have been manufactured outside the United States.)
General service -
Professionals engaging in a business activity at a professional level in a profession set out in Appendix 1603.D.1 to Annex 1603 of the NAFTA, but receiving no salary or other remuneration from a United States source (other than an expense allowance or other reimbursement for expenses incidental to the temporary stay) and otherwise satisfying the requirements of Section A to Annex 1603 of the NAFTA
Management and supervisory personnel engaging in commercial transactions for an enterprise located in Canada or Mexico
Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in Canada or Mexico
Public relations and advertising personnel consulting with business associates, or attending or participating in conventions
Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in Canada or Mexico. (The tour may begin in the United States; but must terminate in foreign territory, and a significant portion of the tour must be conducted in foreign territory. In such a case, an operator may enter the United States with an empty conveyance and a tour guide may enter on his or her own and join the conveyance.)
Tour bus operators entering the United States:
With a group of passengers on a bus tour that has begun in, and will return to, Canada or Mexico
To meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in Canada or Mexico
With a group of passengers on a bus tour to be unloaded in the United States and returning with no passengers or reloading with the group for transportation to Canada or Mexico
Translators or interpreters performing services as employees of an enterprise located in Canada or Mexico
As with all business visitor visas, the visa holder must be compensated from a source outside the US, must be engaged in activities that are international in scope, and must not seek to enter the US labor market.
TN Visas
The TN visa is similar in requirements to the H-1B visas, although it has both substantial benefits and drawbacks to that visa category. The ways in which a TN visa is more advantageous than an H-1B are as follows:
TN visas are not subject to an annual cap
TN visas can be renewed indefinitely
TN visas cover a broader range of job descriptions, which will be detailed later in this article
There is no prevailing wage requirement for TN visas
Canadian citizens can obtain a TN visa at the border, meaning there is no wait for the visa
A TN visa can be obtained by a person who has held H-1B status for the full six years without fulfilling the requirement of spending one year outside the US, a requirement that must be complied with before obtaining other nonimmigrant work visas
While these advantages make the TN visa seem an ideal substitute for the H-1B for Canadian and Mexican citizens, there are some drawbacks that must be considered, such as:
Unlike H-1B visas, the TN visa is not a "dual intent" visa. That is, where a person on an H-1B visa may pursue permanent residency without having their visa revoked because they now have immigrant intent, a person on a TN visa cannot pursue permanent residency without risking their TN status.
Experience cannot be used as a substitute for the degree requirement
A TN visa can be denied if the Department of Labor certifies that there is a strike or other work stoppage, the resolution of which would be adversely affected by the admission of the TN nonimmigrant
TN visas provide for the admission of those who will be engaged in "activities at a professional level" in the US. "Activities at a professional level" are defined as those that require at least a bachelor's degree or credentials and experience demonstrating that the person is a professional. Self-employment is not permissible on a TN visa, but the TN visa holder can work for a company in which they have an ownership interest, even a controlling interest.
Both the NAFTA treaty itself and INS regulations specify which professions qualify for TN status. These are the professions and the degrees required:
Accountant--Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A
Architect--Baccalaureate or Licenciatura Degree; or state/provincial license
Computer Systems Analyst--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years' experience
Disaster relief insurance claims adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) -- Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
Economist--Baccalaureate or Licenciatura Degree
Engineer--Baccalaureate or Licenciatura Degree; or state/provincial license
Forester--Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and three years experience
Hotel Manager--Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management
Industrial Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Interior Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Land Surveyor--Baccalaureate or Licenciatura Degree or state/provincial/federal license
Landscape Architect--Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the province of Quebec)--L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar
Librarian--M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management Consultant--Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Mathematician (including Statistician)--Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationist--Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution)--Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist--Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker--Baccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist)--Baccalaureate or Licenciatura Degree
Technical Publications Writer--Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Urban Planner (including Geographer)--Baccalaureate or Licenciatura Degree
Vocational Counselor--Baccalaureate or Licenciatura Degree
MEDICAL/ALLIED PROFESSIONALS
Dentist--D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license
Dietitian--Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) -- Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist--Baccalaureate or Licenciatura Degree
Occupational Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacist--Baccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only)--M.D. Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist--state/provincial license; or Licenciatura Degree
Recreational Therapist--Baccalaureate or Licenciatura Degree
Registered nurse--state/provincial license or Licenciatura Degree
Veterinarian--D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license
SCIENTISTS
Agriculturist (including Agronomist)--Baccalaureate or Licenciatura Degree
Animal Breeder--Baccalaureate or Licenciatura Degree
Animal Scientist--Baccalaureate or Licenciatura Degree
Apiculturist--Baccalaureate or Licenciatura Degree
Astronomer--Baccalaureate or Licenciatura Degree
Biochemist--Baccalaureate or Licenciatura Degree
Biologist--Baccalaureate or Licenciatura Degree
Chemist--Baccalaureate or Licenciatura Degree
Dairy Scientist--Baccalaureate or Licenciatura Degree
Entomologist--Baccalaureate or Licenciatura Degree
Epidemiologist--Baccalaureate or Licenciatura Degree
Geneticist--Baccalaureate or Licenciatura Degree
Geochemist--Baccalaureate or Licenciatura Degree
Geologist--Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States)--Baccalaureate or Licenciatura Degree
Horticulturist--Baccalaureate or Licenciatura Degree
Meteorologist--Baccalaureate or Licenciatura Degree
Pharmacologist--Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada)--Baccalaureate or Licenciatura Degree
Plant Breeder--Baccalaureate or Licenciatura Degree
Poultry Scientist--Baccalaureate or Licenciatura Degree
Soil Scientist--Baccalaureate or Licenciatura Degree
Zoologist--Baccalaureate or Licenciatura Degree
TEACHERS
College--Baccalaureate or Licenciatura Degree
Seminary--Baccalaureate or Licenciatura Degree
University--Baccalaureate or Licenciatura Degree
To obtain a TN visa, the following documentation must be collected:
A letter from the prospective employer
Diplomas (if the degree is from Canada or Mexico, it must be evaluated)
Licenses and professional memberships, if applicable
A letter should also be submitted that outlines the following:
The nature of the professional activity in which the visa holder will be engaged
The proposed length of stay
The beneficiary's educational credentials
That the beneficiary has the necessary state licenses, if applicable
Arrangements for the beneficiary's salary
Canadian citizens (landed immigrants do not qualify for TN visas) can present this documentation at a port of entry or preclearance station at an airport. They do not need to present a petition approved by the INS, or a labor condition application. They will be given an I-94 valid for multiple entries over one year. Once in the US, the TN visa holder can apply for an extension at the Nebraska Service Center, which is also where application to change status to TN are filed. A new application is not required for a change in the place of employment, but is required for a change of employer.
The procedures are different for Mexican citizens. The employer must apply for a TN visa at the Vermont Service Center, and must present a labor condition application, or if the visa is for a nurse, a labor attestation. While Canadians can extend the TN visa indefinitely, TN visas for Mexicans are limited to one year. There is also an annual limit of 5,500 TN visas that can be issued to Mexican nationals. Mexicans must obtain the TN visa at a US consulate, because they cannot seek one at the border like Canadians can.
Spouses and children of TN visa holders are given TD visas. Work is not authorized under a TD visa. TD visa holders are, however, allowed to attend school.
E Visas
NAFTA also reaffirmed treaty-trader and treaty-investor status for Canadian citizens, and extended it to Mexicans. The requirements for E-1 and E-2 visas under NAFTA are the same as they otherwise are, with the exception that entry may be denied when it would adversely affect the settlement of a labor dispute in the US. This provision is only triggered when the Department of Labor certifies the existence of a strike or work stoppage, and does not apply to E visa holders already in the US. Both Canadians and Mexicans require a visa for entry in E status, making this one of the few categories in which Canadians are required to have a visa for entry into the US.
L-1 Visas
NAFTA also made slight changes in the requirements for L-1 intracompany transfers between the US and Canada and Mexico. As with all entries under NAFTA, entry in L-1 status can be barred if the Department of Labor certifies the existence of a strike or other work stoppage in the region of intended employment. The other change is that Canadians can apply for L-1 status at the border. Mexicans are required to have a preapproved visa.
--------------------------------------------------------------------------------
This information is being provided by the immigration law firm of Siskind, Susser, Haas & Devine. This information is provided as a public service and not intended as legal advice or the establishment of an attorney-client relationship.
The TN nonimmigrant visa was created after the passage of the North American Free Trade Agreement (NAFTA) in 1993. The agreement eased trade restrictions between Canada, the US and Mexico, and called for some new immigration rules. It eased restrictions on E and L visas, and created a new type of visa, the TN.
Business Visitor Visa under NAFTA
NAFTA also expanded the grounds upon which Canadians and Mexicans can enter the US as business visitors. The activities that can be engaged in on a business visitor visa under NAFTA are as follows:
Research and design - covers technical, scientific, and statistical researchers conducting independent research for an enterprise located in Canada or Mexico
Growth, manufacture and production -
Harvester owner supervising a harvesting crew admitted under applicable law (applies only to harvesting of agricultural crops: grain, fiber, fruit, and vegetables)
Purchasing and production management personnel conducting commercial transactions for an enterprise located in Canada or Mexico
Marketing -
Market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise located in Canada or Mexico
Trade fair and promotional personnel attending a trade convention
Sales -
Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in Canada or Mexico, but not delivering goods or providing services
Buyers purchasing for an enterprise located in Canada or Mexico
Distribution -
Transportation operators transporting goods or passengers to the United States from the territory of another Party or loading and transporting goods or passengers from the United States to the territory of another Party, with no unloading in the United States, to the territory of another Party. (These operators may make deliveries in the United States if all goods or passengers to be delivered were loaded in the territory of another Party. Furthermore, they may load from locations in the United States if all goods or passengers to be loaded will be delivered in the territory of another Party. Purely domestic service or solicitation, in competition with United States operators, is not permitted.)
Customs brokers performing brokerage duties associated with the export of goods from the United States to or through Canada
After-sales service -
Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to the seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the United States, during the life of the warranty or service agreement. (For the purposes of this provision, the commercial or industrial equipment or machinery, including computer software, must have been manufactured outside the United States.)
General service -
Professionals engaging in a business activity at a professional level in a profession set out in Appendix 1603.D.1 to Annex 1603 of the NAFTA, but receiving no salary or other remuneration from a United States source (other than an expense allowance or other reimbursement for expenses incidental to the temporary stay) and otherwise satisfying the requirements of Section A to Annex 1603 of the NAFTA
Management and supervisory personnel engaging in commercial transactions for an enterprise located in Canada or Mexico
Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in Canada or Mexico
Public relations and advertising personnel consulting with business associates, or attending or participating in conventions
Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in Canada or Mexico. (The tour may begin in the United States; but must terminate in foreign territory, and a significant portion of the tour must be conducted in foreign territory. In such a case, an operator may enter the United States with an empty conveyance and a tour guide may enter on his or her own and join the conveyance.)
Tour bus operators entering the United States:
With a group of passengers on a bus tour that has begun in, and will return to, Canada or Mexico
To meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in Canada or Mexico
With a group of passengers on a bus tour to be unloaded in the United States and returning with no passengers or reloading with the group for transportation to Canada or Mexico
Translators or interpreters performing services as employees of an enterprise located in Canada or Mexico
As with all business visitor visas, the visa holder must be compensated from a source outside the US, must be engaged in activities that are international in scope, and must not seek to enter the US labor market.
TN Visas
The TN visa is similar in requirements to the H-1B visas, although it has both substantial benefits and drawbacks to that visa category. The ways in which a TN visa is more advantageous than an H-1B are as follows:
TN visas are not subject to an annual cap
TN visas can be renewed indefinitely
TN visas cover a broader range of job descriptions, which will be detailed later in this article
There is no prevailing wage requirement for TN visas
Canadian citizens can obtain a TN visa at the border, meaning there is no wait for the visa
A TN visa can be obtained by a person who has held H-1B status for the full six years without fulfilling the requirement of spending one year outside the US, a requirement that must be complied with before obtaining other nonimmigrant work visas
While these advantages make the TN visa seem an ideal substitute for the H-1B for Canadian and Mexican citizens, there are some drawbacks that must be considered, such as:
Unlike H-1B visas, the TN visa is not a "dual intent" visa. That is, where a person on an H-1B visa may pursue permanent residency without having their visa revoked because they now have immigrant intent, a person on a TN visa cannot pursue permanent residency without risking their TN status.
Experience cannot be used as a substitute for the degree requirement
A TN visa can be denied if the Department of Labor certifies that there is a strike or other work stoppage, the resolution of which would be adversely affected by the admission of the TN nonimmigrant
TN visas provide for the admission of those who will be engaged in "activities at a professional level" in the US. "Activities at a professional level" are defined as those that require at least a bachelor's degree or credentials and experience demonstrating that the person is a professional. Self-employment is not permissible on a TN visa, but the TN visa holder can work for a company in which they have an ownership interest, even a controlling interest.
Both the NAFTA treaty itself and INS regulations specify which professions qualify for TN status. These are the professions and the degrees required:
Accountant--Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A
Architect--Baccalaureate or Licenciatura Degree; or state/provincial license
Computer Systems Analyst--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years' experience
Disaster relief insurance claims adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) -- Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
Economist--Baccalaureate or Licenciatura Degree
Engineer--Baccalaureate or Licenciatura Degree; or state/provincial license
Forester--Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and three years experience
Hotel Manager--Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management
Industrial Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Interior Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Land Surveyor--Baccalaureate or Licenciatura Degree or state/provincial/federal license
Landscape Architect--Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the province of Quebec)--L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar
Librarian--M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management Consultant--Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Mathematician (including Statistician)--Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationist--Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution)--Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist--Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker--Baccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist)--Baccalaureate or Licenciatura Degree
Technical Publications Writer--Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Urban Planner (including Geographer)--Baccalaureate or Licenciatura Degree
Vocational Counselor--Baccalaureate or Licenciatura Degree
MEDICAL/ALLIED PROFESSIONALS
Dentist--D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license
Dietitian--Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) -- Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist--Baccalaureate or Licenciatura Degree
Occupational Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacist--Baccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only)--M.D. Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist--state/provincial license; or Licenciatura Degree
Recreational Therapist--Baccalaureate or Licenciatura Degree
Registered nurse--state/provincial license or Licenciatura Degree
Veterinarian--D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license
SCIENTISTS
Agriculturist (including Agronomist)--Baccalaureate or Licenciatura Degree
Animal Breeder--Baccalaureate or Licenciatura Degree
Animal Scientist--Baccalaureate or Licenciatura Degree
Apiculturist--Baccalaureate or Licenciatura Degree
Astronomer--Baccalaureate or Licenciatura Degree
Biochemist--Baccalaureate or Licenciatura Degree
Biologist--Baccalaureate or Licenciatura Degree
Chemist--Baccalaureate or Licenciatura Degree
Dairy Scientist--Baccalaureate or Licenciatura Degree
Entomologist--Baccalaureate or Licenciatura Degree
Epidemiologist--Baccalaureate or Licenciatura Degree
Geneticist--Baccalaureate or Licenciatura Degree
Geochemist--Baccalaureate or Licenciatura Degree
Geologist--Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States)--Baccalaureate or Licenciatura Degree
Horticulturist--Baccalaureate or Licenciatura Degree
Meteorologist--Baccalaureate or Licenciatura Degree
Pharmacologist--Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada)--Baccalaureate or Licenciatura Degree
Plant Breeder--Baccalaureate or Licenciatura Degree
Poultry Scientist--Baccalaureate or Licenciatura Degree
Soil Scientist--Baccalaureate or Licenciatura Degree
Zoologist--Baccalaureate or Licenciatura Degree
TEACHERS
College--Baccalaureate or Licenciatura Degree
Seminary--Baccalaureate or Licenciatura Degree
University--Baccalaureate or Licenciatura Degree
To obtain a TN visa, the following documentation must be collected:
A letter from the prospective employer
Diplomas (if the degree is from Canada or Mexico, it must be evaluated)
Licenses and professional memberships, if applicable
A letter should also be submitted that outlines the following:
The nature of the professional activity in which the visa holder will be engaged
The proposed length of stay
The beneficiary's educational credentials
That the beneficiary has the necessary state licenses, if applicable
Arrangements for the beneficiary's salary
Canadian citizens (landed immigrants do not qualify for TN visas) can present this documentation at a port of entry or preclearance station at an airport. They do not need to present a petition approved by the INS, or a labor condition application. They will be given an I-94 valid for multiple entries over one year. Once in the US, the TN visa holder can apply for an extension at the Nebraska Service Center, which is also where application to change status to TN are filed. A new application is not required for a change in the place of employment, but is required for a change of employer.
The procedures are different for Mexican citizens. The employer must apply for a TN visa at the Vermont Service Center, and must present a labor condition application, or if the visa is for a nurse, a labor attestation. While Canadians can extend the TN visa indefinitely, TN visas for Mexicans are limited to one year. There is also an annual limit of 5,500 TN visas that can be issued to Mexican nationals. Mexicans must obtain the TN visa at a US consulate, because they cannot seek one at the border like Canadians can.
Spouses and children of TN visa holders are given TD visas. Work is not authorized under a TD visa. TD visa holders are, however, allowed to attend school.
E Visas
NAFTA also reaffirmed treaty-trader and treaty-investor status for Canadian citizens, and extended it to Mexicans. The requirements for E-1 and E-2 visas under NAFTA are the same as they otherwise are, with the exception that entry may be denied when it would adversely affect the settlement of a labor dispute in the US. This provision is only triggered when the Department of Labor certifies the existence of a strike or work stoppage, and does not apply to E visa holders already in the US. Both Canadians and Mexicans require a visa for entry in E status, making this one of the few categories in which Canadians are required to have a visa for entry into the US.
L-1 Visas
NAFTA also made slight changes in the requirements for L-1 intracompany transfers between the US and Canada and Mexico. As with all entries under NAFTA, entry in L-1 status can be barred if the Department of Labor certifies the existence of a strike or other work stoppage in the region of intended employment. The other change is that Canadians can apply for L-1 status at the border. Mexicans are required to have a preapproved visa.
--------------------------------------------------------------------------------
This information is being provided by the immigration law firm of Siskind, Susser, Haas & Devine. This information is provided as a public service and not intended as legal advice or the establishment of an attorney-client relationship.
