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Who qualifies for a "TN" visa?
The category "Professionals Under the North American Free
Trade Agreement" is available only to citizens of Mexico and
Canada. Under the North American Free Trade Agreement (NAFTA)
a citizen of a NAFTA country may work in a professional occupation
in another NAFTA country provided that 1) the profession is
on the NAFTA list, 2) the alien possesses the specific criteria
for that profession, 3) the prospective position requires
someone in that professional capacity and 4) the alien is
going to work for a U.S. employer. The spouse and unmarried,
minor children of the principal alien are entitled to the
derivative status, but they are unable to accept employment
in the United States. Aliens entering under this classification
are considered non-immigrants.
How
can a "TN" visa be obtained?
The
requirements for Canadians and Mexicans wishing to enter under
this classification are not the same. Citizens of Canada
must provide the following at the port of entry:
1. A request for "TN" status;
2. A copy of the applicant's college degree and employment
records which establish qualification for the prospective
job;
3. A letter from the alien's prospective U.S.-based employer
offering him or her a job in the United States, which is included
on the professional job series (NAFTA list); and
4. A fee of U.S. $50.00.
Canadian citizens are not required to obtain a visa, but instead
receive "TN" status with the Immigration and Naturalization
Service (INS) at the port of entry. The "TN" status will only
be granted if the period of stay is temporary.
The requirements for Mexican citizens are as follows:
1. First, the prospective employer must file a labor condition
application;
2. Then, the applicant's prospective employer must file an
I-129 "Petition For Non-Immigrant Workers with the
Immigration and Naturalization Service (INS); and
3. After the petition has been approved, the alien must apply
for a non-immigrant visa at a U.S. Embassy or Consulate in
Mexico.
How
can an application for extension of temporary stay be made?
Requirements for Canadians and Mexicans wishing to renew their
"TN" status are not the same. Applications for extension of
stay are processed by the Immigration and Naturalization Service
(INS). Canadian citizens have two options. First ,
they may have their employer file an I-129 form at
the closest regional INS office. This option does not require
leaving the U.S. Second, Canadians may return to Canada to
re-apply at the port of entry with the same documentation
that is required for an original application. Mexican citizens
must have their employers renew their labor certification
and file another I-129 with their regional INS office
in order to extend their stay.
| NAFTA Professional Job Series List
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| PROFESSION
| MINIMUM
EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS
|
| 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
|
| Computer
Systems Analyst
| Baccalaureate
or Licenciatura Degree; or Post-Secondary Diploma or Post
Secondary Certificate and three years experience
|
| 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 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 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
|
| Range
Manager/Range Conservationist
| Baccalaureate
or Licenciatura Degree
|
| Research
Assistant (working in a post-secondary educational institution)
| Baccalaureate
or Licenciatura Degree
|
| Scientific
Technician/ Technologist
| 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
|
| Social
Worker
| Baccalaureate
or Licenciatura Degree
|
| Sylviculturist
(including forestry)
| 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)
| Baccalaureate
or Licenciatura Degree; or post secondary diploma or post
secondary certificate, and three years experience
|
| 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
|
| Agricultural
(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
|
| 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
|
| 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
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| TEACHER
|
|
| College
| Baccalaureate
or Licenciatura Degree
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| Seminary
| Baccalaureate
or Licenciatura Degree
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| University
| Baccalaureate
or Licenciatura Degree
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Note:
The information provided by the publisher herein is of general
nature, and should not be construed as legal advice.
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