To promote trade between the U.S, Canada and Mexico NAFTA provides a list of Canadian and Mexican professionals who may enter and work in the U.S. in the TN (Trade NAFTA) classification. The list includes educational qualifications Applicants are required to possess for each occupation. TN foreign nationals need not maintain a foreign residence but their stay has to be “temporary,” meaning “without the intent to establish permanent residence”. They salary source country is not relevant but they cannot be self-employed.
Procedures for Canadians:
Canadians are only required to have passports when entering from outside the Western Hemisphere and do not have to have a visa to enter under NAFTA. The application package is presented to CBP at a Class A port of entry, a U.S. airport handling international traffic, or a U.S. pre-flight inspection station. The foreign national receives a fee receipt and an I-94 card indicating “TN” status and the name of the foreign national’s employer(s), and authorizing a period of stay of up to three years, with “multiple entries.” When the foreign national departs the U.S., he should retain his I-94 card. When he seeks readmission to the U.S., he may simply present the unexpired TN I-94 card (or, if lost or surrendered, TN fee receipt or TN passport stamp) for readmission up to the original period of stay. If he wants a new year of stay authorized, or if he has changed employers, he should submit a new application package
Procedures for Mexicans:
Mexicans must first Apply for the TN visa at the consulate on a form I-129 Petition. Mexican’s TN visas are valid for a maximum of one year. Mexicans must present a passport and visa, at a United States Class A port-of-entry, at a United States airport handling international traffic, or at a United States pre-clearance/pre-flight station to seek entry in the TN classification. They should be issued a “multiple entry” I-94 card valid for one year that lists the employer on the back, without regard to the visa validity.
Changing status:
Both Canadian and Mexican citizens may change status to or from or extend TN status within the U.S. in increments of one year by filing a petition with the USCIS.
Required Documentation:
(i) Proof of citizenshipof Mexico or Canada.
(ii) Documentation demonstrating engagement in business activities at a professional level and demonstrating professional qualifications.
The applicant must present documentation to establish the applicant is seeking entry to the United States to engage in business activities for a United States employer(s) or entity(ies) at a professional level within of the listed occupations, and that the applicant meets the criteria to perform at such a professional level. This documentation may be in the form of a letter from the prospective employer(s) in the United States or from the foreign employer, including:
- A description of the professional activities, including a brief summary of daily job duties, if appropriate, in which the applicant will engage in for the United States employer/entity. The job title and duties described in the employer’s supporting letter and documents should emphasize the job’s complexity and connection with the listed professional discipline in which the foreign national has the requisite credentials.
- b. The anticipated length of stay;
- The arrangements for remuneration for services to be rendered.
(iii) Educational qualifications or appropriate credentialswhich demonstrate that the Canadian or Mexican citizen has professional level status. Degrees received by the applicant from an educational institution not located within Canada, Mexico, or the United States must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials.
Reentry without a valid I-94:
(2) Without a valid I-94. If the foreign national seeking readmission to the United States in TN classification is no longer in possession of a valid, unexpired Form I-94, and the period of initial admission in TN classification has not lapsed, then a new Form I-94 may be issued for the period of validity that remains on the TN nonimmigrant’s original Form I-94 and the foreign national can then be readmitted in TN status if the following alternate evidence is provided:
(i) For Canadian citizens, a fee receipt for admission as a TN or a previously issued admission stamp as TN in a passport, and a confirming letter from the United States employer(s).
(ii) For Mexican citizens, alternate evidence shall consist of a valid unexpired TN visa and evidence of a previous admission.
Changing Employers:
To change or add employers while in the U.S. an amended I-129 petition must be filed beforehand withsupporting documentation, including a letter from the new employer describing the services to be performed, the time needed to render such services, and the terms of remuneration for services. Employment with a different or with an additional employer is not authorized prior to Department approval of the request.
Readmission at the border. Canadians may also apply for readmission to the United States for the purpose of presenting documentation from a different or additional United States or foreign employer. Citizens of Mexico may present documentation from a different or additional United States or foreign employer to a consular officer as evidence in support of a new nonimmigrant TN visa application.
No action shall be required on the part of a citizen of Canada or Mexico in TN status who is transferred to another location by the same United States employer to perform the same services. Such an acceptable transfer would be to a branch or office of the employer.
Family members:
Dependents
Practical Tips:
- when applying for entry or a visa:
- Advisable to maintain and carry a valid Canadian or Mexican automobile registration and driver’s license.
- Should demonstrate ties to home country
- Should establish temporary nature of the work in the U.S.
- USCIS and CBP may require a license for entry, unless the foreign national can practice the profession without the license.
- Note “self-employed” professionals may not qualify for TN status
- It is advisable to change to a dual intent H-1B or L-1 status before applying for permanent residence.
List of TN professions:
| –Accountant–Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A. | |
| –Architect–Baccalaureate or Licenciatura Degree; or state/provincial license. (2)(note 2) The terms “state/provincial license” and “state/provincial/federal license” mean any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession. | |
| –Computer Systems Analyst–Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma (3) or Post Secondary Certificate (4) and three years’ experience.(note 3) “Post Secondary Diploma” means a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.(note 4) “Post Secondary Certificate” means a certificate issued, on completion of two or more years of post secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law. | |
| –Disaster relief insurance claims adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)–Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims. | |
| –Economist–Baccalaureate or Licenciatura Degree. | |
| –Engineer–Baccalaureate or Licenciatura Degree; or state/provincial license. | |
| –Forester–Baccalaureate or Licenciatura Degree; or state/provincial license. | |
| –Graphic Designer–Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and three years experience. | |
| –Hotel Manager–Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management. | |
| –Industrial Designer–Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate, and three years experience. | |
| –Interior Designer–Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. | |
| –Land Surveyor–Baccalaureate or Licenciatura Degree or state/provincial/federal license. | |
| –Landscape Architect–Baccalaureate or Licenciatura Degree. | |
| –Lawyer (including Notary in the province of Quebec)–L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar. | |
| –Librarian–M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite). | |
| –Management Consultant–Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement. | |
| –Mathematician (including Statistician)–Baccalaureate or Licenciatura Degree. (5)(note 5) The term “Mathematician” includes the profession of Actuary. An Actuary must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society. A professional actuarial association or society means a professional actuarial association or society operating in the territory of at least one of the Parties. | |
| –Range Manager/Range Conservationist–Baccalaureate or Licenciatura Degree. | |
| –Research Assistant (working in a post-secondary educational institution)–Baccalaureate or Licenciatura Degree.–Scientific Technician/Technologist (6) –Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.(note 6) A business person in this category must be seeking temporary entry for work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics. | |
| –Social Worker–Baccalaureate or Licenciatura Degree. | |
| –Sylviculturist (including Forestry Specialist)–Baccalaureate or Licenciatura Degree. | |
| –Technical Publications Writer–Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. | |
| –Urban Planner (including Geographer)–Baccalaureate or Licenciatura Degree. | |
| –Vocational Counselor–Baccalaureate or Licenciatura Degree. | |
| Medical/Allied Professionals | |
| –Dentist–D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license. | |
| –Dietitian–Baccalaureate or Licenciatura Degree; or state/provincial license. | |
| –Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) (7) –Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.(note 7) A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment, or prevention of diseases. | |
| –Nutritionist–Baccalaureate or Licenciatura Degree. | |
| –Occupational Therapist–Baccalaureate or Licenciatura Degree; or state/provincial license. | |
| –Pharmacist–Baccalaureate or Licenciatura Degree; or state/provincial license. | |
| –Physician (teaching or research only)–M.D. Doctor en Medicina; or state/provincial license. | |
| –Physiotherapist/Physical Therapist–Baccalaureate or Licenciatura Degree; or state/provincial license. | |
| –Psychologist–state/provincial license; or Licenciatura Degree. | |
| –Recreational Therapist-Baccalaureate or Licenciatura Degree. | |
| –Registered nurse–state/provincial license or Licenciatura Degree. | |
| –Veterinarian–D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license. | |
| SCIENTIST | |
| –Agriculturist (including Agronomist)–Baccalaureate or Licenciatura Degree. | |
| –Animal Breeder–Baccalaureate or Licenciatura Degree. | |
| –Animal Scientist–Baccalaureate or Licenciatura Degree. | |
| –Apiculturist–Baccalaureate or Licenciatura Degree. | |
| –Astronomer–Baccalaureate or Licenciatura Degree. | |
| –Biochemist–Baccalaureate or Licenciatura Degree. | |
| –Biologist–Baccalaureate or Licenciatura Degree. (8)(note 8) The term “Biologist” includes the profession of Plant Pathologist. | |
| –Chemist–Baccalaureate or Licenciatura Degree. | |
| –Dairy Scientist–Baccalaureate or Licenciatura Degree. | |
| –Entomologist–Baccalaureate or Licenciatura Degree. | |
| –Epidemiologist–Baccalaureate or Licenciatura Degree. | |
| –Geneticist–Baccalaureate or Licenciatura Degree. | |
| –Geochemist–Baccalaureate or Licenciatura Degree. | |
| –Geologist–Baccalaureate or Licenciatura Degree. | |
| –Geophysicist (including Oceanographer in Mexico and the United States)–Baccalaureate or Licenciatura Degree. | |
| –Horticulturist–Baccalaureate or Licenciatura Degree. | |
| –Meteorologist–Baccalaureate or Licenciatura Degree. | |
| –Pharmacologist–Baccalaureate or Licenciatura Degree. | |
| –Physicist (including Oceanographer in Canada–Baccalaureate or Licenciatura Degree. | |
| –Plant Breeder–Baccalaureate or Licenciatura Degree. | |
| –Poultry Scientist–Baccalaureate or Licenciatura Degree. | |
| –Soil Scientist–Baccalaureate or Licenciatura Degree. | |
| –Zoologist–Baccalaureate or Licenciatura Degree. | |
| TEACHER | |
| –College–Baccalaureate or Licenciatura Degree. | |
| –Seminary–Baccalaureate or Licenciatura Degree. | |
| –University–Baccalaureate or Licenciatura Degree. |
Regulatory Definitions:
Business activities at a professional level means those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA.
Business person, as defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities.
Engage in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner.
Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The foreign national must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the foreign national’s entry will be temporary, the foreign national must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.
Educational Qualifications:
(1)The terms “state/provincial license” and “state/provincial/federal license” mean any document issued by a state, provincial, or federal government or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.
(2)“Post Secondary Diploma” means a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.
(3)“Post Secondary Certificate” means a certificate issued, on completion of two or more years of post secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.