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TN visas: Frequently asked questions
Edited by BOYD
F. CAMPBELL
Attorney and Civil Law
Notary
Question. Who qualifies
for a "TN" visa?
Answer.
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 listed in the NAFTA Annex 1603 (below);
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 nonimmigrants.
Q. How can I get
a "TN" visa?
A. 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.
Q. How can an application
for extension of temporary stay be made?
A. 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.
Approved Professionals under Annex 1603 of the North American Free Trade Agreement
Minimum educational requirements and alternative credentials.
PROFESSIONALS
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
SCIENTISTS
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
TEACHERS
College: baccalaureate
or Licenciatura Degree
Seminary: Baccalaureate
or Licenciatura Degree
University: Baccalaureate
or Licenciatura Degree
If you have questions
about this information, please write or call:
Immigration
Law Center, L.L.C.
P.O. Box 11032
Montgomery, Alabama
36111-0032 USA
Telephone: (334)
832-9090
Send email: CLICK
HERE
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