TN VISA STATUS

Canadian and Mexican citizens are eligible for TN status as professional workers pursuant to the North American Free Trade Agreement (NAFTA) in certain job categories, as long as the applicant has at least a Bachelor’s degree in a relevant area.  Several job categories allow a certain amount of appropriate experience in lieu of the Bachelor’s degree.  The following relevant job categories are among those that qualify for TN status and require at least a Bachelor’s degree unless otherwise specified:

• Accountant (Bachelor’s degree, C.P.A., C.A., C.G.A., or C.M.A.)
• Computer Systems Analyst (Bachelor’s degree; or post-secondary diploma/certificate plus 3 years of experience)
• Economist
• Engineer (Bachelor’s degree or state/provincial license)
• Graphic Designer (Bachelor’s degree; or post-secondary diploma/certificate and 3 years of experience)
• Industrial Designer (special requirements)
• Lawyer (including Notary in province of Quebec) (L.L.B., J.D., L.L.M., B.C.L., or membership in a state/provincial bar)
• Librarian
• Management Consultant (Bachelor’s degree or 5 years of experience in consulting or related field)
• Mathematician
• Scientist (including Animal Scientist, Biochemist, Biologist, Chemist, Epidemiologist, Geneticist, Geochemist, Geophysicist, Pharmacologist, Physicist)
• Technical Publications Writer (special requirements)

A complete list of TN categories is available of a US Department of State Website on the DOS WEBSITE .

Procedures

The procedures for obtaining TN status for a Canadian professional is very different from the procedures for obtaining TN status for a Mexican professional.  The procedures for a Mexican are almost identical to the H-1B procedures.  Only the Canadian procedure will be addressed here.

TN status is employer-specific and may be granted to the TN applicant in one-year increments.  Each year the employee must apply for an additional one-year period, either through the mail with the USCIS or by leaving and then reentering the US.  A Canadian may apply for TN status at most Ports-of-Entry along the US-Canadian border, at most major Canadian airports, and at several US airports.  If a Canadian applies in person at one of these locations, the application is adjudicated immediately.

If the Canadian is currently in the US working for a different employer, the new employer may apply to transfer and extend the Canadian’s TN status by petitioning the USCIS through the Nebraska Service Center.  This mail-in procedure, however, can take several months. The Canadian candidate may not begin working for the company until the BCIS has approved this petition.  

It is important to note that Canadian citizens are not required to have a visa to enter the US  One will, therefore, never see a TN visa stamp in a Canadian’s passport.  The only evidence of TN status is the I-94 form which is typically stamped “multiple entry” and is the only proof a Canadian TN status holder needs to enter the US

As with many other visa statuses, TN professionals may also bring their spouses and children (under 21 years old) with them to the US in a TN dependent status. However, neither the spouse nor children are allowed to work in the US without their own separate status.

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