TRADE-NAFTA PROFESSIONAL WORKERS FROM CANADA AND MEXICO

USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA PROFESSIONAL WORKERS FROM CANADA AND MEXICO
"U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN nonimmigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year." USCIS, Oct. 14, 2008.

TN STATUS FOR MEXICAN AND CANADIAN NATIONALS

NAFTA is the North American Free Trade Agreement.  It creates special economic and trade relationships for the United States, Canada and Mexico.  The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico to work in the United States.  Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.  Complete information regarding the TN is available on the US State Department’s website at  http://travel.state.gov/visa/temp/types/types_1274.html

Professionals of Canada or Mexico may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer. Self employment is not permitted;
• Professional Canadian or Mexican citizen has the qualifications of the profession  

The requirements for applying for citizens of Canada and Mexico, shown below, are different.

Requirements for Canadian Citizens

Requirements for Mexican Citizens

Spouses and Children

Professional Job Series List

Instructions for Hiring Departments Regarding TN Status

Sample Letter of Support/Offer for TN Status

Employment Letter

The employer in the U.S. must provide to the applicant a Letter of Employment in the United States. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.

The applicant must present evidence of professional employment to satisfy the Consular Officer of your plans to be employed in prearranged business activities for a U.S. employer(s) or entity(ies) at a professional level. Part-time employment is permitted. Self-employment is not permitted. An employment letter or contract providing a detailed description of the business activities may be provided from the U.S. or foreign employer, and should state the following:

• Activity in which the applicant shall be engaged;
• Purpose of entry;
• Anticipated length of stay;
• Educational qualifications or appropriate credentials demonstrating professional status;
• Evidence of compliance with DHS regulations, and/or state laws; and
• Arrangements for pay.
• Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.

What are the Required Fees?

• Nonimmigrant visa application processing fee - Each applicant for a visitor visa must pay a nonrefundable US $100 nonimmigrant visa application processing fee.
• Visa issuance fee – Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables [http://travel.state.gov/visa/reciprocity/index.htm] to find out if you must pay a visa issuance reciprocity fee and what the fee amount is. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.

 

Additional Documentation or Qualifying Requirements

Additionally, applicants must demonstrate that they are properly classifiable as NAFTA Professional for TN visa, under U.S. law by:

• Education Requirement- The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation.
• Work Experience Requirement - Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving that self-employment.

Healthcare worker certification

Regulations require certain nonimmigrant health care workers (regardless of immigration category) to obtain and present a valid certification to the DHS each time they are issued a visa, and each time they apply for admission to the United States, an extension of stay, or a change of status. These requirements apply to TN nonimmigrants as well. The affected healthcare occupations are: Nurses, Occupational Therapists, Physical Therapists, Speech Language Pathologists and Audiologists, Medical Technologists (Clinical Laboratory Scientists) Physician Assistants, and Medical Technicians (Clinical Laboratory Technicians).

Requirements for NAFTA professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.

How Long Can I Stay?

The maximum period of admission into the U.S is one year.  The US Citizenship and Immigration Services (USCIS) grants extensions of stay in time amounts of one year.  There is no limit on the number of years a TN visa holder can stay in the United States.  However, the TN visa status is not for permanent residence. 

 

Extension of Stay

For Canadian or Mexican citizens admitted as a NAFTA Professional may seek an extension of stay, which may be granted up to one year, by:

• If the applicant is in the U.S., employer may file Form I-129 Petition for Non-immigrant Worker with the US Citizenship and Immigration Services’ (USCIS) Nebraska Service Center.; or 
• Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.

How Do I Get More Information on the TN Visa?

Further information is available on the NAFTA USCIS Website.