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Trade NAFTA (TN) Visas for Canadian and Mexican Professionals
The Trade NAFTA or TN Visa was expanded to its current form from the North American Free Trade Agreement (NAFTA) in 1994. Under TN status, Canadian and Mexican citizens in certain professions may enter the United States to work for a U.S. company on a temporary basis. The individuals must be coming to engage in business activity in one of the professions listed by NAFTA. Examples of these professions include: accountants, lawyers, medical professionals, engineers, computer systems analysts, scientists, scientific technicians, or management consultants. For a complete list of the professions listed under NAFTA click here. Individuals must have at least a baccalaureate degree or appropriate qualifications to perform the services of the professions, including state licensure if required.
The TN visa can be preferable to other nonimmigrant visa categories for a number of reasons. TN visas are granted on a yearly basis with no limit of stay required unlike the six year limit of H-1B visas or the five to seven year limit of the L visa. A TN visa can be extended for as long as is required to conduct the business activity. Individuals nearing the end of their limits on those other visas may immediately qualify for TN status without having to fulfill a one year abroad requirement. Furthermore, the prevailing wage and record keeping requirements of the H-1B visa do not apply to Canadian TN professionals. However, TN professionals must show that they maintain a residence abroad to which they intend to return and that they are not intending immigrants. TN visa holders are not allowed to have "dual intent" as H-1B and the L visas holders can have.
Canadian citizens may apply for a TN visa at a U.S. port of entry or at a pre-flight inspection at a Canadian international airport. They can usually receive their visas the same day as the application. Canadian applicants must present documentation to establish the proposed business activity and the anticipated length of stay in the U.S. They must also provide their educational credentials demonstrating professional level status and compliance with applicable state laws or licensing requirements. Additionally, they must provide proof of Canadian citizenship.
Mexican citizen require a formal visa application similar to an H-1B. They must file a Labor Condition Application (LCA) with the U.S. Department of Labor attesting to the wage and working conditions of the U.S. company. Once the LCA is certified, a petition similar to an H-1B petition is filed with supporting documentation with the Immigration and Naturalization Service at a regional service center.
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