TN VISA - NAFTA PROFESSIONALS

TN VISA - NAFTA PROFESSIONALS

Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. to work temporarily under nonimmigrant TN status.

AM I ELIGIBILE FOR TN VISA?

The following are the requirements to be eligible for the TN Visa:

  • The profession must be on the NAFTA list.
  • The foreign national must possess the necessary training for that profession.
  • The proposed position must be classified as a professional position.
  • The foreign national must work for a U.S. employer.

It may sound simple, but the steps require significant time and in-depth analysis of your immigration history and the legal requirements. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress. We keep you updated every time there is a notice from the government and new policies by the President (Executive Branch).

​We are here to guide families every step of the way. We offer these services as a one-time fee or monthly representation fee.

WHAT ARE THE BENEFITS OF A TN VISA?

i. Length of Stay With a TN visa, you can initially stay in the USA for up to 3 years. There is also no limit to the number of times you can extend your TN status. So through the TN classification, you may be eligible to lawfully live and work in the USA for several years. ii. No Quota
  • Unlike the H1B visa, there is no quota for the TN visa.
iii. No Labor Certification Required
  • The TN visa classification does not require your US employer to get an approved Labor Certification
  • A Labor Certification certifies that the US employer was unable to find a suitable US worker to fill the position that they are hiring you for.
  • The process of getting an approved Labor Certification can be very timely.
  • To get a TN visa, your US employer does not need to get an approved Labor Certification. They can skip this process and just offer you a job.
iv. No Visa Required for Citizens of Canada
  • Canadians are not required to get a TN Visa. Instead, they can apply for TN classification directly at a US Port of Entry (we will discuss this in more detail down below).
v. Immigration Benefits for Your Family
  • With a TN visa, your spouse and children may also be eligible for TD classification. With TD classification, they cannot work in the US but they can go to US schools.

CAN MY FAMILY MEMBERS QUALIFY?

ELIGIBLE FAMILY MEMBERS

  • Spouse
  • Unmarried child

WHAT OCCUPATION QUALIFIES FOR TN VISA?

General Occupations
  • Accountant – Baccalaureate or Licenciatura Degree OR CPA, CA, CGA, or CMA
 
  • Architect – Baccalaureate or Licenciatura Degree OR State/provincial license
 
  • Computer Systems Analyst – Baccalaureate or Licenciatura Degree OR Post-secondary certificate and 3 years of experience
 
  • Disaster Relief Insurance Claims Adjuster – Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims OR 3 years of 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 or provincial license
 
  • Forester – Baccalaureate or Licenciatura Degree OR state or provincial license
 
  • Graphic Designer – Baccalaureate or Licenciatura Degree
 
  • Hotel Manager – Baccalaureate or Licenciatura Degree in hotel/restaurant management OR Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and 3 years of experience in hotel/restaurant management
 
  • Industrial Designer – Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience
 
  • Interior Designer – Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience
 
  • Land Surveyor – Baccalaureate or Licenciatura Degree OR state, provincial, or federal license
 
  • Landscape Architect – Baccalaureate or Licenciatura Degree
 
  • Lawyer (Including Notary in the Province of Quebec) – LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (5 years) OR membership in a state or 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 5 years of experience as a management consultant OR 5 years of 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 – Baccalaureate or Licenciatura Degree
 
  • Scientific Technician/Technologist – 1. No degree required (but the TN worker must directly support a degreed professional); 2. Possession of theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; AND 3. 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 3 years of experience
 
  • Urban Planner (Including Geographer) – Baccalaureate or Licenciatura Degree
 
  • Vocational Counselor – Baccalaureate or Licenciatura Degree

Medical Fields
  • Dentist – D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental OR state or provincial license
 
  • Dietician – Baccalaureate or Licenciatura Degree OR state or provincial license
 
  • Medical Laboratory Technologist/Medical Technologist – Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience
 
  • Nutritionist – Baccalaureate or Licenciatura Degree
 
  • Occupational Therapist – Baccalaureate or Licenciatura Degree OR state or provincial license
 
  • Pharmacist – Baccalaureate or Licenciatura Degree OR state or provincial license
 
  • Physician (Teaching or Research Only) – M.D. or Doctor en Medicina OR state or provincial license
 
  • Physiotherapist/Physical Therapist – Baccalaureate or Licenciatura Degree OR state or provincial license
 
  • Psychologist – Licenciatura Degree OR state or provincial license
 
  • Recreational Therapist – Baccalaureate or Licenciatura Degree
 
  • Registered Nurse – Licenciatura Degree OR state or provincial license
 
  • Veterinarian – D.V.M., D.M.V. or Doctor en Veterinaria OR state or provincial license

Scientist Occupations
  • Agriculturalist (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 (Including Plan Pathologist) – 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) – Baccalaureate or Licenciatura Degree
 
  • Horticulturist – Baccalaureate or Licenciatura Degree
 
  • Meteorologist – Baccalaureate or Licenciatura Degree
 
  • Pharmacologist – Baccalaureate or Licenciatura Degree
 
  • Physicist (Including Oceanographer) – 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
​
Teacher Occupations
  • College Teacher – Baccalaureate or Licenciatura Degree
 
  • Seminary Teacher – Baccalaureate or Licenciatura Degree
 
  • University Teacher – Baccalaureate or Licenciatura Degree

HOW DO I PROVE NON-IMMIGRANT INTENT?

  • To demonstrate that you have non-immigrant intent, you should show that your US assignment is temporary and has a predictable end date.
  • If possible, you should provide evidence that you have a foreign residence abroad and that you plan to maintain that foreign residence.
  • You should also provide evidence showing that you have strong ties to your foreign residence. Evidence showing strong ties to your foreign residence includes: a mortgage in your name for a foreign residence, foreign bank accounts, bills addressed to your foreign residence, a job offer to resume work in your home country upon completion of your TN assignment, etc.

Additional Points on Non-Immigrant Intent

  • Although your are required to have non-immigrant intent, this does not mean that your are prohibited from applying for a green card in the future.
  • Your non-immigrant intent is considered at the time of your application, visa issuance, and entry to the United States.
  • If sometime in the future, you decide to apply for a green card, this may still be permitted.

WHAT IS THE PROCESS OF OBTAINING TN VISA?

  • The process for getting TN classification is different for Mexican and Canadian citizens. To highlight the main differences, Canadian citizens do not need to apply for a TN visa. Instead, Canadian citizens can apply for TN status directly at a United States Port of Entry. Conversely, Mexican citizens must apply for a TN visa at a US Consulate before entering the US. Additionally, Canadian citizens have the option of filing an initial TN petition with USCIS and getting their TN pre-approved before seeking admission through a Port of Entry. Mexican citizens are not eligible to file an initial TN petition with USCIS. Instead, they must apply for a TN visa directly through a US Consulate.

    Canadian Citizens


    Canadian citizens have 2 options for getting TN classification.​

    • Applying for TN classification directly at a United States Port of Entry
    • Submitting a Form I-129 Through USCIS


    i. Applying for TN classification directly at a United States Port of Entry

    • Canadian citizens are not required to file a petition or application to get a TN visa. No form is required.
    • In addition, Canadians are, for the most part, exempt from needing a visa to enter the United States.
    • Instead, to get TN classification, a Canadian citizen can request TN classification at a United States Class A port of entry
    • To do this, a Canadian citizen must pay a $50 processing fee and provide the following evidence: 1. A valid Canadian passport; 2. Support statement from US employer; 3. Evidence of professional and educational qualifications; 4. Evidence of non-immigrant intent
    • At the port of entry, a Customs and Border Protection officer will analyze your evidence. The officer will likely ask questions regarding your planned job duties, professional background, etc.
    • If you satisfy the TN requirements and pass the interview, they will admit you into the US and grant you TN classification.


    ii. Submitting a Form I-129 Through USCIS

    • If a Canadian citizen wants to, they may submit a petition through USCIS to get pre-approved for TN classification.
    • Specifically, the US employer will file a Form I-129 through USCIS on behalf of the TN worker. The US employer is the petitioner and the TN worker is the beneficiary.
    • In addition to the I-129, the US employer must also complete the TN supplement to the I-129.
    • Once the I-129 is approved, the TN worker can then take the approval notice, along with their Canadian passport and the complete I-129 along with all the supporting documents, to a United States port of entry.
    • At the port of entry, a Customs and Border Protection officer will review your documents and may ask questions regarding your TN petition.
    • Just because your I-129 was approved does not guarantee that you will get approved for TN classification.
    • You should still be ready to answer questions about your planned job duties, qualifications, etc.
    • However, having your petition approved through USCIS should improve your chances of getting approved at the port of entry.
    • If you submit an I-129 through USCIS, you are not required to pay the $50 processing fee at the United States port of entry.


    Mexican Citizens
    Unlike Canadian citizens, Mexican citizens are required to apply for and receive a TN visa prior to entering the United States as a TN worker. Mexican citizens are not permitted to apply for TN classification at a United States port of entry without first getting a TN visa. Also, Mexican citizens are not permitted to file a Form I-129 thorough USCIS to get pre-approved for initial TN classification. Instead, Mexican citizens must apply for a TN visa directly at a US Consulate abroad.


    Apply for TN Visa at US Consulate

    • Mexican citizens must apply for a TN visa before seeking entry into the US as a TN worker
    • To do this, a TN worker must first complete and submit a Form DS-160 Non-Immigrant Visa Application Form online.
    • The TN worker must then schedule a visa appointment at the US Consulate.
    • The TN visa fee is $160.
    • The TN worker must bring the following documentation with them to the visa interview: 1. A valid Mexican passport; 2. Support statement from US employer; 3. Evidence of professional and educational qualifications; 4. Evidence of non-immigrant intent
    • At the visa interview, you will likely be asked questions about your planned job duties in the United States, your qualifications, and similar questions.
    • Once you are approved, you will be issued a TN visa.


    Port of Entry

    • Following TN visa issuance, a TN worker must then seek TN classification at a US port of entry.
    • You should bring your Mexican passport, TN visa stamp, and your support statement with you to the US port of entry
    • The customs and border protection officer at the US port of entry will likely not re-adjudicate your TN petition. However, they may still ask you some general questions.
    • There is no $50 fee at the port of entry for Mexican citizens
    • Upon approval, you should be given TN classification for up to 3 years

HOW DO I TRANSITION FROM TN VISA TO RESIDENT STATUS (GREEN CARD)?

One of the questions that I get asked quite often is whether a TN worker can go from TN visa to green card. The answer is YES.

The TN visa is a non-immigrant visa classification so it does not directly lead to a green card. To go from TN visa to green card you can either apply for an adjustment of status or apply for an immigrant visa abroad.

An adjustment of status is when you go from non-immigrant classification to immigrant classification. The entire process can be done within the USA without the need to go abroad. In order to do an adjustment of status, you must be lawfully present in the United States at the time the adjustment of status petition is filed. To do an adjustment of status, you must file a Form I-485 with USCIS.

Applying for an immigrant visa is different from doing an adjustment of status. Applying for an immigrant visa must be done at a US Consulate abroad. This process also requires you to undergo an visa interview at the US Consulate.

Regardless of whether you do an adjustment of status or apply for an immigrant visa, you will have to get approved for an immigrant classification by filing a Form I-140 with USCIS. That is step 1.

As a TN professional, one of the most common ways of going from TN visa to green card is by having your US company sponsor you for a green card through a job offer. In order to sponsor you for a green card through a job offer, the US company must apply for and get approved for a Labor Certification. 

A Labor Certification is issued by the Department of Labor. To get a Labor Certification, the US company must show that it made efforts to secure a qualified US worker for the position but were unable to find a qualified US worker. Once the Labor Certification is approved, the US company is eligible to sponsor you for a green card.

Important Note: The TN classification requires that you must have non-immigrant intent. Getting approved for an immigrant petition can potentially conflict with the requirement to have non-immigrant intent. As you can imagine, an approval for an immigrant petition can be seen as clear evidence of immigrant intent. It is highly important to work with a experienced immigration lawyer, through the entire process of going from TN visa to green card.

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