Overview
The United Sates, Canada and Mexico have entered into
the North American Free Trade Agreement (NAFTA), which
provides for expedite admission of businesspersons of
each country into the other country. NAFTA went into
effect on January 1, 1994. The new treaty supersedes the
U.S.-Canada Free Trade Agreement (FTA), which had been
effect since January 1, 1989.
Key
Requirements
To qualify for TN status, the intended U.S. activity
must be in a profession listed on Schedule 2, and the
alien must possess the necessary credentials to be
considered a professional in one of the Schedule 2
fields. With regards to the alien's qualifications, a
bachelor's or higher degree is usually required, unless
Schedule 2 lists alternative qualifications. Equivalency
to a required degree through a combination of experience
and education will not be accepted for TN purposes;
aliens in this situation must apply for H-1 status.
Duration of Stay
An alien may be admitted to the United States in TN
status for the period of time required by the employer,
up to a maximum initial period, of stay of one year. TN
professionals can receive extensions of stay in one-year
increments, with no outside limit on the total period of
stay. The limits on stay for H-1B (six years) and L
non-immigrants (five or seven years) do not apply to TN
aliens. In addition, Canadian and Mexican professionals
who have already completed six years in the H-1 or L
nonimmigrant category can immediately qualify for the TN
category without fulfilling the requirement of
one-year-abroad imposed by the INS regulations for H-1
and L aliens. The only limitation on the duration of
stay of TN non-immigrants is that the purpose of the
stay must continue to be temporary.
Procedures for the TN Category
As under the FTA, Canadian professionals may enter the
United States under NAFTA without the requirement of an
INS petition approval required in the H-1 category;
these professionals can enter the United States simply
by providing documentation at the port of entry that
they are engaged in one of the designated professions
listed in schedule 2, and that they possess the
requisite educational credentials to qualify in the
listed profession. Canadian professionals are designated
as TN-1 non-immigrants as distinguished from the TC
classification under the FTA.
On
the other hand, Mexican nationals seeking TN status must
comply with a procedure that is identical to that for
H-1B classification for nationals of other countries.
Their employer must file a petition for TN status with
the INS, and the petition must be supported by the same
labor condition application (LCA) required for any H-1B
alien. Furthermore, once the petition is approved, the
Mexican TN must obtain a visa from a U.S. consulate
prior to admission to the United States.
Evidentiary Documents Needed
In order to process this application, the following
documents will be needed:
Proof of Canadian or Mexican citizenship;
Degree certificates and transcripts;
Detailed resume;
Detailed description of the proposed job duties;
Offer of Employment.
Special Conditions
Although TN aliens need not show that they maintain a
foreign residence during their U.S. stay, they must
establish their non-immigrant intent. TN aliens may have
a difficult time receiving TN visas or gaining TN entry
at the border based on their intention to obtain U.S.
permanent residence.
Family Members of the TN Applicant
NAFTA creates a separate non-immigrant category for such
dependents. Under NAFTA, the spouse and unmarried minor
children of a TN applicant who are also Canadian
citizens are admitted to the United States as TD
non-immigrants. No separate application needs to be made
for family members and no filing fee need be paid for
them.
