Employing Canadian/Mexican Professionals Under NAFTA

The 1994 North American Free Trade Agreement (NAFTA) makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new visa category, “TN,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications.

TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA and the TN employee must possess the credentials required. There is no annual limit on TN-1 admissions.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the TD status.

TN Canadian or Mexican Citizen under NAFTA

The TN classification applies to a Canadian or Mexican citizen seeking classification as a professional temporarily under the North American Free Trade Agreement.

This classification does not require a petition for employment. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. Mexican citizens must apply for TN visas at an appropriate U.S. Consulate. Both must provide:

    * A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
    * Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
    * Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
    * Evidence of Canadian/Mexican citizenship.

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