Trade NAFTA Visas for Canadians and Mexicans
The six-year limit on H-1B status does not apply to Trade NAFTA professionals.
Under the North American Free Trade Agreement (NAFTA), a professional nonimmigrant category was created for Canadian and Mexican professionals whose occupations are listed in the annex to these treaties. (A listing of TN professions may be found in the U.S. Department of State web site). This nonimmigrant status is known as “Trade NAFTA” or “TN” status. Obtaining TN status is preferable to obtaining an H-1B temporary work visa for a number of reasons. First, advanced approval from the Department of Labor and the U.S. Citizenship and Immigration Service (USCIS) is not required. Consequently, the TN professional can enter the United States within days rather than after weeks or even months of initial processing. Similarly, the prevailing wage and record keeping requirements, which govern H-1B cases do not apply to TN professionals. Also, the six-year limit on H-1B status likewise does not apply to TN professionals. On the other hand, a TN professional must be able to show that he or she has a residence abroad to which he or she intends to return and that he or she is not an intending immigrant, while those requirements do not attach to H-1B visa holders. Thus, special care must be taken when a TN professional applies for permanent resident status because it is conceivable that such an application could cause problems for his or her TN status.
Preparing a TN Application for Canadians
Whenever an employer contemplates offering employment to a Canadian professional, we should be faxed a copy of the Canadian's resume and a description of the job being offered so we may determine whether or not the applicant can qualify for TN status. Of course, most Canadian professionals who do not qualify for TN status will qualify for H-1B status.
Once we have been advised that an offer has been formally extended and accepted, we will contact the Canadian to obtain directly from him or her the required supporting documentation regarding education, licensure, and, when necessary, experience. We will also draft a letter from the employer in support of TN status. We will then send the entire package directly to the applicant. We also will speak with the TN applicant before he or she applies for admission to the U.S.
Admission Requirements and Procedures
A Canadian may apply for admission to the United States in TN status at a major land point of entry, a United States international airport, or at a United States pre-clearance/pre-flight inspection at a Canadian international airport. No visa or specific form is required. A Canadian must simply show proof of Canadian citizenship and qualification in his or her profession. The documentation to be presented includes the following:
- A letter from the employer introducing the company, its need for the Canadian's temporary professional services, the nature of the services he or she will render, and the compensation he or she will receive. This letter should indicate the anticipated period of temporary employment. We draft the required letter.
- Evidence that the Canadian has the necessary education or licenses and/or experience. This documentation may take the form of copies of diplomas, licenses, evidence of membership in professional organizations, and, letters verifying experience in certain cases. Please note that it may be necessary to evaluate university degrees from countries other than Canada if the Canadian lacks licenses or evidence of membership in professional organizations or other documentation of his or her qualifications.
- Evidence of Canadian citizenship. Please note that a Canadian passport is not required unless the Canadian applies for TN status at an international airport in the United States when returning from travel outside of the Western hemisphere.
Applications for admission in TN status are presented to the Bureau of Customs and Border Security (BCBS) officials either at land points of entry, USCIS facilities located inside Canadian international airports, or at U.S. international airports. Applicants should anticipate that two or more hours will be required to process their application for TN status. The amount of time required for processing varies according to apparent factors such as the day of the week, the time of day, and where the application is made. We will advise the employer of potential employees regarding when and where they should apply after being informed of their itinerary.
A Canadian may be admitted initially in TN status for up to one year. He or she is given a USCIS Form I- 94 with the classification symbol TN, upon payment of the required fee, which presently is $50.00. The I-94 is marked “multiple entry.” Therefore, this document is used like a visa to reenter the United States for up to one year. Thereafter, either a request for an extension must be made to the USCIS; or, a new TN application must be presented to the BCBP at the border or at an airport.
Preparing a TN Application for Mexicans
Whenever an employer contemplates offering employment to a Mexican professional, we should be faxed a copy of the Mexican's resume and a description of the job being offered so we may determine whether or not the applicant can qualify for TN status. Of course, most Mexican professionals who do not qualify for TN status will qualify for H-1B status.
Once we have been advised that an offer has been formally extended and accepted, we will contact the Mexican to obtain directly from him or her the required supporting documentation regarding education, licensure, and, when necessary, experience. We will also draft a letter from the employer in support of TN status. We will then send the entire package directly to the applicant. We also will speak with the TN applicant before he or she applies for admission to the U.S.
Admission Requirements and Procedures
Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. Depending upon demand and capacity, it may be several days or several weeks before a visa application interview appointment can be scheduled at the desired U.S. Consulate. After attending the interview appointment, most consulates are able to return passports with the issued visa to the applicant within 2-3 business days, though processing times vary from one consulate to another and upon completion of the required security and background checks. As part of the visa interview, a quick, two-digit, ink-free fingerprint scan can generally be expected. Each Mexican applicant for a TN visa must submit these forms and documentation, and submit fees as explained below:
- Nonimmigrant Visa Applications, Forms DS-156 and DS-157. Submission of Form DS-157 is required for all male applicants between 16-45 years of age. We assist the employees in completing these forms.
- A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
- One (1) 2x2 passport-style photograph.
- A letter from the employer introducing the company, its need for the Mexican’s temporary professional services, the nature of the services he or she will render, and the compensation he or she will receive. This letter should indicate the anticipated period of temporary employment. We draft the required letter.
- · Evidence that the Mexican has the necessary education or licenses and/or experience. This documentation may take the form of copies of diplomas, licenses, evidence of membership in professional organizations, and, letters verifying experience in certain cases. Please note that it may be necessary to evaluate university degrees from countries other than Mexico if the Mexican lacks licenses or evidence of membership in professional organizations or other documentation of his or her qualifications.
Upon receipt of the TN visa, the individual will apply for admission in TN status with the U.S. Customs and Border Protection (CBP) officials either at land points of entry, USCIS facilities located inside Mexican international airports, or at U.S. international airports. A Mexican may be admitted initially in TN status for up to one year. The individual is given a USCIS Form I-94 with the classification symbol TN, which will indicate a date upon which the person’s TN status will expire. Prior to that expiration, either a request for an extension must be made to the USCIS; or, a new TN application must be presented at a U.S. Consulate abroad.
Computer Professionals
Two types of computer professionals are eligible for TN status: “Computer Systems Analyst” and “Engineers.” Recent discussions with high ranking officials at USCIS headquarters in Washington confirm that the USCIS reads these two job titles literally. Consequently, the only computer professionals who qualify for TN status are “Systems Analysts” and “Computer Engineers.” The treaties indicate that to qualify for TN status as a Computer Systems Analyst, the Canadian must have either a Baccalaureate degree in Computer Science or a Post-Secondary Diploma and three years of experience as a Systems Analyst. On the other hand, a Computer Engineer is required to have a Baccalaureate degree in Engineering or a state or provincial Engineer's license. In addition to the required education, and/or experience, or licensing, a TN Canadian must have an offer of employment in his or her field in the United States.
Dependent Family Members of TN Professionals
The spouse and unmarried minor children of a TN professional may accompany or follow-to-join as dependents in “Treaty Dependent” (TD) status. TD applicants who are Canadian or who are residents of Canada sharing a common nationality with Canadians enjoy a visa waiver and may enter in TD status without a fee or a nonimmigrant visa from a U.S. Consul. Dependents of those in TN status who are not nationals of Canada must obtain a TD nonimmigrant visa from a U.S. Consul. In either instance, admission in TD status is initially for one year. Persons admitted in TD status are not authorized to work.