| The North
American Free
Trade Agreement (NAFTA) established a nonimmigrant visa classification
for Canadian and Mexican professionals who wish to work in the U.S.
This
nonimmigrant status is available only to qualified members of certain
pre-determined
occupations and allows for the expedited admission of these
professionals
in TN status. Although TN status is related to the H - 1B
classification,
TN status contains some notable advantages over the H - 1. It also has
some notable disadvantages for some employees of colleges and
universities.
Advantages of
the TN status:
- It covers a
broader range of
occupations.
- In many
instances, it is quicker
to obtain.
- There is no
upper limit on the
total length of time an individual can have TN status.
- For Canadians,
less paperwork
is required.
- If the
individual is subject
to 212(e), a 2-year home country residency requirement stemming from J
-1 status, he/she may be able to obtain TN status without having to get
a waiver of that requirement first.
Disadvantages of
the TN status:
- It covers only
the occupations
listed in the free trade agreement.
- It must be
renewed annually.
- For Mexicans,
the application
process requires more documentation.
- There is no
recognition of dual
intent since TNs are deemed to be temporary entries.
- Tenure-track
professors may
encounter difficulties in entering the U.S. in TN status.
To
qualify for TN
status, it
is essential that the U.S. job be in one of the professions delineated
in the Schedule 2 of Annex 1603 of the actual
agreement.
The fact that the U.S. job is listed in Schedule 2 does not
automatically
mean that the Canadian or Mexican citizen will be guaranteed TN status.
It must also be shown that the actual duties are at a professional
level.
Generally speaking, the positions must require a bachelor's degree or
higher,
although Schedule 2 does list some
alternative
qualification for some professions.
Procedures
for Canadians
Canadians do not
need to
obtain a visa stamp from a U.S. embassy or consulate in Canada. They
may
apply for TN status at the point of entry into the U.S. No prior
pre-approved
application is needed. Instead, the Canadian citizen must show the
following:
- Proof of
Canadian citizenship
(passport)
- Letter or
contract from the
employer that outlines:
- Job description
- Anticipated
length of stay
- Qualifications
needed for the
job
- Terms of
employment (salary,
etc.)
- Evidence that
the Canadian meets
any applicable license requirements for the position
- His/her
professional qualifications
(diploma, licenses, etc.)
- Application fee
Procedures
for Mexicans
For Mexicans, TN
procedures
are similar to the H-1B requirements in that the employer must first
petition
the DHS for permission to employ the Mexican national.
Documentary
requirements include:
- Form I - 129
(without any supplements)
- ETA 9035 (Labor
Condition Application
certified by the Dept. of Labor)
- Copies of
diplomas and professional
licenses, if applicable
- Letter or
contract from the
employer that outlines:
- Job description
- Anticipated
length of stay
- Qualifications
needed for the
job
- Terms of
employment (salary,
etc.)
- Evidence that
the Mexican meets
any applicable license requirements for the position.
The
petition must be
approved
before the Mexican national can apply for entry into the U.S. in TN
status.
The Mexican national must obtain a TN entry visa from a U.S. embassy or
consulate before applying for entrance into the U.S. in TN status.
Dependents
(TD
visa holders)
Dependent visas
are issued
at the port of entry (Canadian) or U.S. embassy or consulate (Mexican)
at the same time the TN visa holder receives his/her visa. TD visa
holders cannot work in the U.S.
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