The 1994 North American Free Trade Agreement (NAFTA) makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new classification, “TN,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications.
Admission under the TN classification requires an offer of either temporary employment or an agreement to prearranged business services from a U.S. employer or contractor. The agreement for employment or prearranged business services must be of a temporary nature, and the stated duration requested must not exceed one year. It is not available to Canadians or Mexicans wishing to engage in self-employment.
The proposed employment must be in a profession listed in Appendix 1603.0.1 to NAFTA and the TN employee must possess the credentials required. NAFTA includes two positions that do not require a license or post-secondary education in order to obtain TN status. The first position is a Management Consultant. Management Consultants improve the managerial, operating and economic performance of public and private companies by analyzing and resolving strategic and operating problems and thereby improving the company’s operations. The second position is the Scientific Technician/Technologist category. A Scientific Technician/Technologist must possess: (1) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (2) 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. Both they categories are highly scrutinized by the CBP/USCIS officers because they do not require a baccalaureate degree.
A Canadian or Mexican citizen may enter the U.S. in TN status to perform full or part-time employment. Unlike the H-1B, there is no Labor Condition Application (LCA) or prevailing wage requirements for the TN category. TN Petition Document Requirements
The TN application process for Canadian nationals and Mexican nationals is different.
For a Canadian citizen:
This classification does not require a petition for employment if the alien is a Canadian citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. They must provide:
A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
Evidence of Canadian citizenship.
For a Mexican citizen:
An employer in the United States must file a petition and must file it with:
A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
Evidence of Mexican citizenship; and
A certification from the Secretary of Labor that the petitioner has filed the appropriate labor condition application or labor attestation for the specified activity.
Applying for the TN Visa
Canadian citizens can apply for admission in TN status directly at a U.S. port of entry. However, Mexican citizens outside of the United States must apply for a TN visa at a United States consulate. Canadian and Mexican TN applicants in the United States in another status may apply to change their status by filing the proper paperwork with the Nebraska Service Center.
Duration of Stay
The North American Free Trade Agreement (NAFTA) contains provisions for the admission of certain listed professionals to the United States for up to 1 year. This status may be renewed annually, and there is no maximum number of years that they may remain in this status.
Extensions
A Canadian citizen has two options: The TN may be renewed at a Port of Entry with the same documentation that is required for an original application, regardless of how many TNs the individual has had approved in previous years. Alternatively, TNs may also be extended within the United States by filing the proper paperwork with the Nebraska Service Center which does not require leaving the U.S.
As a Mexican citizen, the employee must have the employer renew the LCA and file another Petition for Nonimmigrant Worker with the regional office in order to extend their stay.
Numerical Limits
There is no annual limit on TN-1 admissions from Canada. There is a yearly cap for Mexican TN professionals of 5,500 admissions.
Dependents
Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependants may not work in the U.S. under this classification; however, they are eligible to study. Helpful Links
Diversity Lottery
Employment-Based