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Employing Canadian and
Mexican Professionals Under NAFTA
The 1994 North American Free Trade Agreement (NAFTA)
makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new classification,
“TN,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians
admitted to the U.S. under other nonimmigrant classifications.
TN employment must be in a profession listed in
Appendix 1603.0.1 to NAFTA and the TN employee must possess the credentials required. There is no annual limit on TN admissions
from Canada or from Mexico.
Dependents
Dependents (spouses and unmarried children under 21
years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependents may be
students in the U.S., but may not be employed under the TD status.
TN Canadian or Mexican Citizen under
NAFTA
The TN classification applies to a Canadian or Mexican citizen seeking admission
as a professional temporarily under the North American Free Trade Agreement.
Petition
Document Requirements
This classification does not require a petition for employment. Canadian citizens
need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. Both Canadian and Mexican citizens
must provide:
- A statement from the
employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of
stay, and the arrangements for pay or reward;
- Evidence
that the beneficiary meets the education and/or alternative credentials for the activity;
- Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
- Evidence of Canadian/Mexican citizenship.
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