New York Licensed Immigration Attorney for Canadian and Mexican Nationals seeking TN Visas
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, veterinarians, nurses, and teachers. Please see below for a full list of qualifying professions and requirements.
A TN Visa allows an approved individual to live and work in the United States for an initial period of three years, with the option to renew. This is a temporary nonimmigrant Visa.
You may be eligible for TN nonimmigrant status, if:
- You are a citizen of Canada or Mexico;
- Your profession qualifies under the regulations;
- The position in the United States requires a NAFTA professional;
- You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment); and
- You have the qualifications to practice in the profession in question.
The TN Visa is a fantastic category of Visa for Professionals from Canada and Mexico seeking to live and work in the U.S. on a temporary basis.
General Benefits of a TN Visa
Permission to work in the United States: TN status allows professional workers to enter the U.S. and work in a professional capacity on a temporary basis. TN Applicants cannot intend to remain in the U.S. on a permanent basis.
Indefinite Renewal: While a temporary Non-Immigrant Visa the TN status is generally granted initially for a period of three years, depending on the employer’s need, and can be renewed for an additional three years after that if the employer’s need remains, provided TN Applicant has not violated his/her TN Status in any way, and has no intent to remain in the U.S. permanently. There is no limitation on how many times TN status may be renewed.
TD Status Afforded to Dependents: Dependents of the TN petitioner may apply for a special TD status and accompany the principal petitioner for the duration of his or her stay in the U.S.! TD Status affords dependents the ability to attend school without obtaining an F-1 Visa. However, TD status does not allow the dependents of the TN petitioner to work, or obtain Employment Authorization through their TD status. Keep in mind TD status holders may be able to pursue other options to obtain Employment Authorization.
No Visa Quota: Unlike many other Visa Categories there is no cap on the number of TN Visas that can be issued in any given year.
Faster Processing Times:Canadian Citizens can apply at the border, which makes this very appealing and super
What Professions Qualify for a TN Visa?
Based on the current NAFTA Appendix 1603.D.1 (Annotated) the following are a list of NAFTA qualifying professions and the licensing and educational requirements for each:
| –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. |
What if a TN Status Holder Wants to Change Status Without Violating TN Status Rules?
Since TN visas are non-immigrant visas; and thus the TN visa holder must intend to depart the U.S. upon completion of his/her authorized status. Which means if the TN visa holder does anything while he is in TN status to indicate an intent to remain the U.S. permanently he/she will have difficulty in obtaining renewal of his/her TN status.
However, there are a few things that you can do as a TN visa holder that are generally considered okay and do NOT represent immigrant intent, such as the filing or approval of an immigrant petition (I-130, I-140, PERM). Therefore employment based petitions & family based petitions may be filed on behalf of the TN holder without disruption of the TN visa holder’s status or endanger the TN visa holder’s ability to obtain or extend TN status. However, due to the intricacies of the situation this should not be undertaken without the guidance of an immigration Attorney, as it is not as simple as stated.
Generally, the TN holder will continue to be eligible for TN status UNTIL an adjustment of status application is filed. Once an adjustment of status application is filed the TN visa holder will no longer be eligible for admission or an extension of stay as a TN nonimmigrant visa holder. This is why it is very important to consult an experienced immigration Attorney before taking any action on these matters to make sure the laws have not changed, that you are prepared to handle the consequences of any and all filings, and that your personal needs are considered thoroughly.
