Hiring Canadian & Mexican NAFTA Professionals

The North American Free Trade Agreement or NAFTA, (aka: United States, Mexico, Canada Agreement, USMCA), provides for Canadian and Mexican citizens to enter the U.S. to engage in employment (business activity) in a professional capacity, on a temporary basis. The applicants must have the qualifications to practice in the profession activity in which s/he will engage. Click here for the List of Professions eligible for TN status.

Business activities at a professional level is defined as “ those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA.”

TN status may be granted in increments of up to three years for an indefinite period. The TN is a nonimmigrant status, and therefore, a TN holder must have the intent to depart on or before the expiration of the authorized stay. A TN may change status to another status that provides for dual intent should s/he seek permanent resident status in the future.

The TN is both employer- and job -specific. However, the employer isn’t subject to the prevailing wage requirements as with the H1B, nor is not subject to numerical limitations or caps associated with the H1B.

The process for Canadians is slightly different from the process for Mexican citizens, however, the TN remains one of the most employer-friendly statuses. The cost can be as low as under $100 to no more than $200.

Canadian citizens may apply for the TN status at a port of entry (land border) or during pre-flight inspection. They do not have to visit the consulate to apply for a VISA. It can be done quickly, usually taking no more than 2-3 hours. The cost is under $100, and once admitted into the U.S., the TN may travel in and out of the country and apply for readmission at any Class A Port of Entry. The status and subsequent extensions may be obtained without the need to file a petition with USCIS and without the exorbitant filing fees. If the worker cannot travel to a Class A Port of Entry, a petition to extend the TN status may be filed with the USCIS in the states.

Citizens of Mexico apply for the TN VISA at the U.S. Consulate in that country. Once the Visa is issued, the applicant may proceed to entry the U.S. and will be processed for a TN admission at the border or during preflight inspection.

What is required to process a TN?

The position offered must be a professional position listed on the Appendix 1603.D.1 of the NAFTA. Click here for a list of TN professions. Whether applying for admission at the port of entry or applying for a VISA at a US consulate, TN applicants must present a TN support letter that includes the terms of the job offer. The TN support letter is prepared by TAMUCC Immigration Services. It will contain information regarding the offer, the position, the job duties, the educational and experience requirements, and the applicant’s eligibility for TN status. The TN applicant should NOT use the Notice of Appointment or offer letter, as it does not contain the detailed information required for this process and would create a delay or possibly the denial of the TN admission.

Internal Processing for TN Applicants – TAMUCC hiring departments should contact Immigration Services to request for TN letters for Canadian citizens 3-4 weeks prior to the targeted start date. Request for TN letters for Mexican citizens should be received by TAMUCC Immigration Services, 4-8 weeks prior to the target start date.

The Applicant will complete the Online Visa Application and schedule an interview with the U.S. Consulate having jurisdiction over his/her place of residence. Wait times for interview appointments vary by location, season, and visa category, so the applicant should apply for a visa early.

TN applicants must have a passport that is valid for at least six months beyond your period of stay in the United States, and present the following:

  • TN Letter that is prepared by TAMUCC Immigration Services
  • CV/Resume
  • Educational Credentials with translations and credentials evaluations
  • Employment Verification Letters if experience is required for the job offered

Mexican citizens apply for a visa will schedule an visa interview with the consulate online and complete the Nonimmigrant Visa Application, Form DS-160, pay the necessary fees, upload photos if requested.

To the Interview the TN applicant will present

The Nonimmigrant Visa Application confirmation page

  • Application fee payment receipt, if you are required to pay before your interview
  • Photo – You will upload your photo while completing the online Form DS-160.
  • TN Letter to support the application that will include 
    • Purpose of entry;
    • A detailed description of anticipated business activities or job responsibilities;
    • Proposed duration of stay the United States;
    • Educational qualifications or appropriate credentials demonstrating professional status;
    • Evidence of your compliance with Department of Homeland Security (DHS) regulations and/or state laws; and
    • Arrangements for your pay
  • Documentation proving that you meet the minimum education and/or work experience requirements set forth in Appendix 1603.d.1 of NAFTA chapter 16 – Evidence of education would include degrees, diplomas, certificates, professional licenses, and /or membership in professional organizations. To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records.

Additional Documentation May Be Required

A consular officer will interview you to determine your qualifications for a TN visa. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of your intent to depart the United States after employment as a NAFTA professional, e.g., family or business ties may be sufficient to show your intent to return to your home country.

Spouse and Children – Spouses and unmarried, minor children may apply for TD visas to accompany the TN to the United States or join later. The Principal will be required to show ability to financially support his/her dependents family in the United States.

  • If your spouse or child(ren) are not Canadian citizens, they must visit the U.S. Consulate to apply for a dependent/ TD nonimmigrant visa.
  • Mexican citizen spouse and children must apply for TD nonimmigrant visas.
  • Individuals in TD status may live and study for the duration of their authorized stay in the US., but they are not eligible to work. However, a TD may change his/her status to an employment category if he/she has a job offer/sponsor.

To Extend TN Status

The Canadian Professional may travel to any port of entry with a new TN Support Letter to apply for an extension. Alternatively, the Employer may request the extension of the TN’s status by filing USCIS form I-129. The TN may continue to work while the TN Extension is pending and may do so for up to 240 days beyond the expiration of the original document.

The Mexican Professional may apply for the extension while in the U.S. and may continue to work for up to 240 days beyond the expiration of the original status. The USCIS will extend the TN status. If the TN travels to Mexico, s/he must visit the U.S. consulate to obtain a new VISA to re-enter the U.S. as a TN.

TN Is NOT a Dual Intent Status

Albeit one of the most employer-friendly statuses and one of the least expensive, both the TN and the TD are NONIMMIGRANT statuses. In other words, the Inspector must be convinced that the applicant does not intend to establish a permanent residence in the U.S. and will depart within a reasonable, finite period once the work assignment in the U.S. ends. Even though this status may be extended indefinitely, the intent must remain temporary and nonimmigrant. An extension of a TN/TD or re-admission will not be granted once a TN expresses an IMMIGRANT intent (files or has an immigrant petition filed on his/her behalf).

60 Day Grace Period

The TN status ends lawful status in the U.S. when employment ends. If it ends before your authorized stays as indicated on your I-94, you may be eligible for a 60-day grace period to depart the U.S. or change/extend your status.

Disclaimer

The contents of this website are for informational purposes only and are not intended as legal advice. The Human Resources Department provides immigration administrative support to Texas A&M University-Corpus Christi, (the Petitioner or Employer) when it seeks to petition an employment-based petition for a faculty or staff member. We do not represent the employee. Employees are encouraged to consult with an immigration attorney of their choice, at their own expense, for advice on individual immigration matters.

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