1. Temporary visa – year to year visa renewal required.
2. Must be a citizen of Canada (or Mexico )
3. Fast and relatively inexpensive processing (Particularly for petitions adjudicated at the Canada/US Border) - Much cheaper than an H-1B.
4. Canadian applicants may apply at the border with a correct documentation package.
5. US Sponsor & job offer required
6. Applicant must be applying for one of the occupations listed below (and holding any applicable degrees/licenses/experience).
7. TN visa holder's spouse & children may attend school but cannot work in the US on a TD visa.
8. Can change status from TN to H-1B or any other non-immigrant visa.
9. Difficult to adjust status to Permanent Resident (Green Card).
10. Unlike an H-1B, no prevailing wage issues.

Eligible Occupations for TN Workers

Background

On December 17, 1992, the Presidents of the United States and Mexico , and the prime minister of Canada entered into the North American Free Trade Agreement (NAFTA). Implementation of this agreement has been provided for by the North American Free Trade Agreement implementation act (NAFTA implementation act), Public Law 103-182. The NAFTA implementation act was signed into law by the President of the United States on December 8, 1993 . The NAFTA entered into force on January 1, 1994.

NAFTA Chapter 16, entitled "Temporary Entry for Business Persons" was designed to facilitate the movement of businesspersons among the United States , Canada , and Mexico. This chapter contains the visa-related provisions relating to the temporary entry of businesspersons. NAFTA allows investment, trade, and professional commerce services to take place, and thus affects four nonimmigrant visa categories in the U.S. Immigration and Nationality Act: Temporary Visitors for business (B-1); treaty trader and investors (E); intra-company transferees (L) and NAFTA professionals treaty national (TN).

The U.S.-Canada Free Trade Agreement (US-CFTA) created a class of professional nonimmigrants, (TC), but did not provide authority for visa issuance. NAFTA has modified and adopted the TC professional category and treats this new admission category (TN) as if it were a nonimmigrant visa classification under INA 101(a)(15), thus, authorizing the issuance of visas to both Mexicans and Canadians. The CFTA was suspended when NAFTA entered into force.

The TN category should not be confused with the H-1B visa classification. It is a separate and distinct category.  Similarities do exist, however, since this category was derived from the H-1B classification.

TD Visa For Spouses & Children

Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S.  They are permitted to study.

Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:

1. Proof of Canadian citizenship;
2. Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
3. Photocopies of entry documents of the principal applicant.

If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate.  They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.

Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status.

Education Requirement

The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation.

Work Experience Requirement

Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving that self-employment.