Canadian or Mexican Professional Worker (TN Visa)

This visa is only for Canadian citizens whose occupations appear on Schedule 2 of the North American Free Trade Agreement.The employer must submit a supporting letter, along with the credentials specified in Schedule 2 for the occupation.

The visa is initially valid for one year, but can be renewed indefinitely.

Employing Canadian and 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 from Canada. There is a yearly cap for Mexican TN professionals of 5,500 admissions.

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.Requirements For a Canadian citizen:This classification does not require a petition for employment if the alien is a Canadian citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry.

They must provide:

1. 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;
2. Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
3. Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
4. Evidence of Canadian citizenship.

For a Mexican citizen:

An employer in the United States must file the I-129 petition and must file it with:

1. A statement from the employer with a 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;
2. 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;
3. Evidence of Mexican citizenship;
4. and A certification from the Secretary of Labor that the petitioner has filed the appropriate labor condition application or labor attestation for the specified activity.