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. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
Professionals of Canada or Mexico may work in the U.S. under the following conditions:
- Applicant is a citizen of Canada or Mexico
- Profession is on the NAFTA list
- Position in the U.S. requires a NAFTA professional
- Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted
- Professional Canadian or Mexican citizen has the qualifications of the profession
Canadian citizens are not required to apply for a visa with a U.S. consulate or file a petition with U.S. Citizenship and Immigration Services (USCIS). They can request admission as a TN nonimmigrant at a U.S. port of entry by providing the following documentation:
- Proof of Canadian citizenship
- Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, your educational qualifications
- Credentials evaluation (if applicable)
Following inspection by a U.S. Customs and Border Protection (CBP) Officer, Canadian citizens will be admitted as a TN nonimmigrant. Form I-94, Arrival/ Departure Record, will be evidence of admission.
Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. Interviews are generally by appointment only. Visit the Embassy Consular Section website to find out how to schedule an interview appointment, pay the fees and any other instructions.
Once approved for TN visa, Mexican citizens may apply for admission at a United States port-of-entry. Form I-94, Arrival/ Departure Record, will serve as evidence of admission.
For a complete list of professions with minimum education requirements and alternative credentials, see appendix 1603.D.1 on NAFTA's webpage.
Please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation to determine if you are eligible for this visa category.
Disclaimer: The information provided here is of a general nature. It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.
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