TN Professional NAFTA Visa
TN visas are for Canadian or Mexican citizens who want to work in a professional capacity in the United States.
The TN visa is based on the NAFTA treaty and allows certain professionals to come to the United States temporarily and work for up to three years at a time. These professions, listed completely below, include certain types of business people such as accountants, engineers, and research assistants, medical professionals, scientists and teachers. We have an emphasis in animal breeders and have helped companies increase the amount of highly qualified animal breeders in rural areas.
In order to get a TN visa, the applicant must have an offer of employment from a U.S. company to work in a profession which usually requires a degree (also called a licenciatura) or a state or provincial license.
The process for applying for the visa is different based on whether the applicant is a Canadian or Mexican citizen, however there are some similarities. For both situations, the requesting employer must write a letter describing the position as temporary and professional, as well as detail the business activities, length of stay, credentials of the applicant, and arrangements for pay. The applicant must also provide a copy of their credentials.
Once the applicant has all their information gathered, they must apply for a visa (Mexicans) or apply for admission to the United States at the border (Canadians). Mexicans must complete a visa application, pay a fee, and then attend a Consulate interview prior to entering the United States. Canadians will have an interview at the border and not need to go to the consulate.
Although the maximum length of stay for this visa is three years, it is indefinitely renewable. The employer may file an I-129 Petition to extend the TN’s status within six months of the stay expiring and petition for an additional three years. If this is not possible, or the TN would rather return to their home country, the TN can reapply for a new visa at the consulate (Mexicans) or apply at the border again on re-entry (Canadians).
An advantage of this visa is that spouses and unmarried children under 21 years of age may accompany the TN as dependents in TD status. TDs may attend school but cannot work.
A disadvantage of this visa is that this is a nonimmigrant visa. If a TN wants to stay in the United States permanently by applying for an immigrant visa, they may have issues proving nonimmigrant intent when they acquired their TN status.
Professions eligible for the TN visa:
- –Computer Systems Analyst
- –Disaster relief insurance claims adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)
- –Graphic Designer
- –Hotel Manager
- –Industrial Designer
- –Interior Designer
- –Land Surveyor
- –Landscape Architect
- –Lawyer (including Notary in the province of Quebec)
- –Management Consultant
- –Mathematician (including Statistician and Actuary)
- –Range Manager/Range Conservationist
- –Research Assistant (working in a post-secondary educational institution)
- –Scientific Technician/Technologist
- –Social Worker
- –Sylviculturist (including Forestry Specialist)
- –Technical Publications Writer
- –Urban Planner (including Geographer)
- –Vocational Counselor
- –Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)
- –Occupational Therapist
- –Physician (teaching or research only)
- –Physiotherapist/Physical Therapist
- –Recreational Therapist
- –Registered nurse
- –Agriculturist (including Agronomist)
- –Animal Breeder
- –Animal Scientist
- –Dairy Scientist
- –Geophysicist (including Oceanographer in Mexico and the United States)
- –Physicist (including Oceanographer in Canada)
- –Plant Breeder
- –Poultry Scientist
- –Soil Scientist
- –College Teacher
- –Seminary Teacher
- –University Teacher
If your business needs a professional that is on this list, or may perform the duties of someone on this list, please contact The Bernard Firm P.L.C. to discuss your options.