
Who qualifies
for a "TN" visa?
The
category "Professionals Under the North American Free Trade
Agreement" is available only to citizens of Mexico and Canada.
Under the North American Free Trade Agreement (NAFTA) a
citizen of a NAFTA country may work in a professional occupation
in another NAFTA country provided that 1) the profession
is on the NAFTA list, 2) the alien possesses the specific
criteria for that profession, 3) the prospective position
requires someone in that professional capacity and 4) the
alien is going to work for a U.S. employer. The spouse and
unmarried, minor children of the principal alien are entitled
to the derivative status, but they are unable to accept
employment in the United States. Aliens entering under this
classification are considered non-immigrants.
How
can a "TN" visa be obtained?
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, 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.
The
requirements for Mexican citizens are as follows:
1.
First, the prospective employer must file a labor condition
application;
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.
How
can an application for extension of temporary stay be made?
Requirements
for Canadians and Mexicans wishing to renew their "TN" status
are not the same. Applications for extension of stay are
processed by the Immigration and Naturalization Service
(INS). Canadian citizens have two options. First
, they may have their employer file an I-129 form at the
closest regional INS office. This option does not require
leaving the U.S. Second, Canadians may return to Canada
to re-apply at the port of entry with the same documentation
that is required for an original application. Mexican
citizens must have their employers renew their labor
certification and file another I-129 with their regional
INS office in order to extend their stay.
| NAFTA
Professional Job Series List |
|
|
|
| PROFESSION
| MINIMUM
EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS
|
| 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
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 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)
| 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 |
| Agricultural
(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
|
| 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
|
| 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
|
| TEACHER
|
|
| College
| Baccalaureate
or Licenciatura Degree
|
| Seminary
| Baccalaureate
or Licenciatura Degree
|
| University
| Baccalaureate
or Licenciatura Degree |
|