TN Visa NAFTA Professional Worker.

TN status allows you to engage in business activities temporarily at a professional level, not to exceed 1 year, theoretically renewable indefinitely in one year increments. However, USCIS regulations require TN applicants to return to their country at the end of the period of stay. There must be a reasonable, finite end to the proposed job assignment. TN status is available only to applicants who want to engage in one of the 63 professions currently listed under NAFTA Appendix 1603.D.1. Typically, a bachelor’s or licensure degree from a university or college is required. Whenever a license is required, a U.S., Federal Canadian or Mexican licensing agency from any province or state is satisfactory.

Degrees from Canadian or Mexican educational establishments do not require an educational evaluation to U.S. academic equivalency. If the academic credentials are printed in a language other than English, they should be accompanied by a certified English translation.

You first must have received a job offer for either temporary employment or an agreement to prearranged business services from a U.S. employer or contractor. Self-employment in the U.S. is not permitted in TN status.

Even though the basic requirements are the same for Canadians and Mexicans, the procedures are different.

TD Visa (Spouse and Children of TNs)
Your spouse and children may be admitted with you and will be issued a TD Visa. They cannot accept employment but are permitted to attend school full time.

Procedure for Canadian Citizens
There are no quotas for Canadian TN’s. To be admitted to the U.S you do not require advance petition approval or labor certification. You are not required to obtain a visa at U.S. consulate. To apply, you proceed directly to any U.S. class “A” port of entry, a U.S. airport handling international traffic, or a U.S. pre-clearance/pre-flight inspection station* where an immigration or NAFTA officer will adjudicate the application. Although no formal application form is required, you must pay a fee.

When admitted in TN-1 status, you will be given an I-94 card (Arrival/Departure Record) indicating authorized status for one year. This period can be extended
in one year increments.

Procedure for Mexican Citizens

As of January 1, 2004, the numerical cap for Mexican TN’s was eliminated along with the associated requirements of the Petition for a Non-Immigrant Worker and the Labor Condition Application.

Mexican Citizens will now apply to the Department of State (DOS) for a visa. The DOS will make a decision on the alien’s eligibility for TN status, and after approval and issuance of a visa the Mexican National may apply for admission to the United States.

A citizen of Mexico who applies for admission to the United States to engage in business activities at a professional level pursuant to NAFTA will be admitted upon presentation of a valid passport and valid TN nonimmigrant visa at a U.S. class “A” port of entry, a U.S. airport handling international traffic, or a U.S. pre-clearance/pre-flight inspection station.*

*Pre-flight inspection or pre-clearance/pre-flight station is a procedure which allows Canadians and Mexicans to clear U.S. immigration and customs before boarding their flight. Because most of the Canadian and Mexican international airports contain U.S. immigration offices, Canadians and Mexicans may use this service at their convenience. Alternatively, a Canadian or Mexican may skip the pre-flight or pre-clearance/pre-flight station inspection procedure, board the plane in Canada or Mexico and go through customs when they land in the United States.