TN Visas: the NAFTA visa
for Canadian and Mexican citizens.
By Christopher Kerosky
There is a special
visa for Canadians and Mexicans that gives them an advantage over applicants
from other countries in obtaining such working visas. It is called the NAFTA Professional Visa or “TN”
visa and it allows Canadians or Mexican citizens to come with less difficulty
than persons from other countries, provided they have the required training and
education.
The TN visa was created by
the North America Free Trade Agreement (NAFTA) in 1994, to allow for the
exchange of qualified professionals from Canada ,
Mexico , and the United States .
Canadian citizens may apply for the TN visas at the U.S. Embassy and
Consulates.
What do you need to prove?
An applicant needs to prove
that they have a college education or the equivalent amount of education and
experience.
There must also be a employer/sponsor
who is willing to employ them. Mexican
or Canadian applicants must work in a prearranged full-time or part-time job,
for a U.S.
employer. Self employment is not permitted.
The sponsor must provide a letter of employment or a contract which details the professional
work that the applicant is being offered in the United States . The position must be
of a “professional” as that is defined by NAFTA and the immigration
regulations. The State Department and the
Embassies are very strict on what is considered a “professional” degree and so
it is important that the job fit their defined list of “professional jobs”.
Persons
whose job offer is not considered “professional” will be denied the visa.
What Jobs Are Considered Professional?
There is a list of jobs that
are considered professional. This list
includes but is not limited to the following:
·
accountant,
·
architect,
·
computer systems analyst and other computer
professionals,
·
doctors, dentists and other medical professions;
·
economist,
·
engineer,
·
forester,
·
graphic designer,
·
hotel manager,
·
industrial designer, interior designer,
·
librarian,
·
lawyer,
·
mathematician,
·
various scientists,
·
social worker and
·
teachers at the elementary, high school and
college level.
Each of
these occupations has their own degree requirements.
What Sort of Documentation is Required?
The
application requires evidence that the applicant has the required educational
qualifications and job experience. This
includes a copy of the applicant’s college degree and letters from previous
employers showing the applicant’s experience in the professional field.
If
you’re the applicant is married or has unmarried children under 21, they can
come with him.
What is the Procedure to apply for TN visas?
Once
all the required application forms and documentation is ready, the person
applying needs to schedule an appointment with the Embassy or apply at the
border in some cases.
During
the interview, the applicant will present all of the documents. The applicant needs to be prepared to describe
his/her qualifications for the job, professional experience, and the nature of
the work offered.
The
officer considering the case will then make a decision after the initial
interview.
Once inside the U.S. ,
the visa can be extended by the applicant as long as the job remains in place.
Conclusion.
Professionals from other
countries typically come to the United
States on H1B visas. Because there is annual limit on H1B visas
and that limit has already been reached for fiscal year 2019, presently there
are no H1B visas available until October 1, 2019. The TN visa is a way for Mexicans and
Canadians to avoid this backlog and come to the U.S. relatively easily, provided
they have a job offer and the required qualifications.
WARNING: The above is a summary
discussing legal issues. It is not intended to be a substitute for legal
advice. We recommend that you get competent legal advice specific to your case.