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TN
Visa - Trade NAFTA
Overview
The United Sates, Canada and Mexico have entered into the
North American Free Trade Agreement (NAFTA), which provides
for expedite admission of businesspersons of each country
into the other country. NAFTA went into effect on January
1, 1994. The new treaty supersedes the U.S.-Canada Free Trade
Agreement (FTA), which had been effect since January 1, 1989.
Key
Requirements
To qualify for TN status, the intended U.S. activity must
be in a profession listed on Schedule 2, and the alien must
possess the necessary credentials to be considered a professional
in one of the Schedule 2 fields. With regards to the alien's
qualifications, a bachelor's or higher degree is usually required,
unless Schedule 2 lists alternative qualifications. Equivalency
to a required degree through a combination of experience and
education will not be accepted for TN purposes; aliens in
this situation must apply for H-1 status.
Duration
of Stay
An alien may be admitted to the United States in TN status
for the period of time required by the employer, up to a maximum
initial period, of stay of one year. TN professionals can
receive extensions of stay in one-year increments, with
no outside limit on the total period of stay. The limits
on stay for H-1B (six years) and L non-immigrants (five or
seven years) do not apply to TN aliens. In addition, Canadian
and Mexican professionals who have already completed six years
in the H-1 or L nonimmigrant category can immediately qualify
for the TN category without fulfilling the requirement of
one-year-abroad imposed by the INS regulations for H-1 and
L aliens. The only limitation on the duration of stay of TN
non-immigrants is that the purpose of the stay must continue
to be temporary.
Procedures
for the TN Category
As under the FTA, Canadian professionals may enter the United
States under NAFTA without the requirement of an INS petition
approval required in the H-1 category; these professionals
can enter the United States simply by providing documentation
at the port of entry that they are engaged in one of the designated
professions listed in schedule 2, and that they possess the
requisite educational credentials to qualify in the listed
profession. Canadian professionals are designated as TN-1
non-immigrants as distinguished from the TC classification
under the FTA.
On
the other hand, Mexican nationals seeking TN status must comply
with a procedure that is identical to that for H-1B classification
for nationals of other countries. Their employer must file
a petition for TN status with the INS, and the petition must
be supported by the same labor condition application (LCA)
required for any H-1B alien. Furthermore, once the petition
is approved, the Mexican TN must obtain a visa from a U.S.
consulate prior to admission to the United States.
Evidentiary
Documents Needed
In order to process this application, the following documents
will be needed:
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Proof of Canadian or Mexican citizenship;
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Degree certificates and transcripts;
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Detailed resume;
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Detailed description of the proposed job duties;
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Offer of Employment.
Special
Conditions
Although TN aliens need not show that they maintain a foreign
residence during their U.S. stay, they must establish their
non-immigrant intent. TN aliens may have a difficult time
receiving TN visas or gaining TN entry at the border based
on their intention to obtain U.S. permanent residence.
Family
Members of the TN Applicant
NAFTA creates a separate non-immigrant category for such dependents.
Under NAFTA, the spouse and unmarried minor children of a
TN applicant who are also Canadian citizens are admitted to
the United States as TD non-immigrants. No separate application
needs to be made for family members and no filing fee need
be paid for them.
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