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Los Angeles County Attorney

TN Visa (TN-1)

Overview

NAFTA facilitates travel to and employment in the United States (U.S.) of certain Canadian and Mexican workers. It became effective January 1, 1994. NAFTA created TN classification for eligible Canadian and Mexican professional workers and affected terms of Canadians' admissions to the U.S. under other classifications.

Eligibility Requirements

A TN position must require services of a NAFTA professional whose profession is noted in Appendix 1603.D.1. The TN employee must be a Canadian or Mexican national and possess the required credentials.

TN status allows unlimited multiple entries to the U.S. for the period of service required by the U.S. employer (includes foreign employers), up to a maximum of three years, and can be extended indefinitely as long as the temporary purpose of the employment continues.

Under TN classification an alien is not permitted to come to the United States to engage in self-employment in the United States, nor to render services to a corporation or other entity in which he/she is a controlling owner or shareholder.

TN: Members of Appendix 1603.D.1 professions who are self-employed outside the U.S. may pursue business relationships from outside the U.S. (e.g. contracts for services) with U.S.-based companies and obtain TN status to engage in these prearranged activities in the U.S. However, Other NAFTA Admissions Categories Nationals Canada and Mexico may also seek admission as B-1 (business visitor), E-1 (treaty trader), E-2 (treaty investor), or L-1 (intra-company transferee) nonimmigrants under NAFTA. This bulletin does not address those alternatives.

TN Processing and Admissions Procedure

Canadians may apply for TN-1 classification directly at a U.S. Class "A" port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-flight/pre-clearance station in Canada. Visa might be required under certain circumstances (see below).

Professionals of Canada or Mexico may work in the U.S. under the following conditions:

  • Applicant is a citizen of Canada or Mexico;
  • Profession is on the NAFTA list;
  • Position in the U.S. requires a NAFTA professional;
  • Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required);
  • Professional Canadian or Mexican citizen has the qualifications of the profession.

Canadian citizens are visa exempt and do not need consular visas to travel or apply for admission to the U.S. TN-1 applicants at land ports-of-entry must also pay a modest I-94 fee. However, a Canadian residing in another country with a non-Canadian spouse and child would need a visa to enable the spouse and child to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. Canadians applying for a visa will follow the same documentation requirements as Mexican Citizens. Each U.S. Embassy or Consulate website has its own procedures to schedule an interview appointment, pay the fees and any other instructions.

For the Canadian Citizens that require a visa, and Mexican Citizens, it is required to fill an Online Nonimmigrant Visa Electronic Application, Form DS-160.

Other requirements are:

  • A passport valid for travel to the U.S. and with a validity date at least six months beyond the applicant's intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
  • One (1) 2 in. x 2 in. photograph according to the photo requirements. A photograph is not required if you are applying in Mexico.
  • The applicant's employer in the U.S. must provide an employment letter that includes the following:
  • Indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.
  • Part-time employment is permitted. Self-employment is not permitted. The letter or contract providing a detailed description of the business activities may be provided from the U.S. or foreign employer, and should state the following:
  • Activity in which the applicant shall be engaged and purpose of entry;
  • Anticipated length of stay;
  • Educational qualifications or appropriate credentials demonstrating professional status;
  • Evidence of compliance with DHS regulations, and/or state laws; and
  • Arrangements for pay.

Family Members

Spouses and unmarried children under 21 of Canadian and Mexican professionals obtain TD status. They can be included on the application of the TN principal (no separate filing fees) and admitted for the same duration of stay. TD nonimmigrants may study in the US under this classification, but are not authorized for employment. Canadian dependents' eligibility may be adjudicated at a US port-of-entry. Although Mexican family members are automatically included in TN petitions filed at the Nebraska Service Center, they must file separate application for TD visas at US consulates. Note: Dependents are not required to be Canadian or Mexican citizens.

Appendix 1603.D.1

Professionals

PROFESSION 1

MINIMUM EDUCATION REQUIREMENTS
AND ALTERNATIVE CREDENTIALS

General

Accountant

Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.

Architect

Baccalaureate or Licenciatura Degree; or state/provincial license2

Computer Systems Analyst

Baccalaureate or Licenciatura Degree; or PostSecondary Diploma 3 or PostSecondary Certificate 4 , and three years experience

Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)

Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.

Economist

Baccalaureate or Licenciatura Degree

Engineer

Baccalaureate or Licenciatura Degree; or state/provincial license

Forester

Baccalaureate or Licenciatura Degree; or state/provincial license

Graphic Designer

Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience

Hotel Manager

Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management

Industrial Designer

Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience

Interior Designer

Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience

Land Surveyor

Baccalaureate or Licenciatura Degree; or state/provincial/federal license

Landscape Architect

Baccalaureate or Licenciatura Degree

Lawyer (including Notary in the Province of Quebec)

LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar

Librarian

M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)

Management Consultant

Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement

Mathematician (including Statistician)

Baccalaureate or Licenciatura Degree

Range Manager/Range Conservationalist

Baccalaureate or Licenciatura Degree

Research Assistant (working in a post-secondary educational institution)

Baccalaureate or Licenciatura Degree

Scientific Technician/Technologist 5

Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research

Social Worker

Baccalaureate or Licenciatura Degree

Sylviculturist (including Forestry Specialist)

Baccalaureate or Licenciatura Degree

Technical Publications Writer

Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience

Urban Planner (including Geographer)

Baccalaureate or Licenciatura Degree

Vocational Counsellor

Baccalaureate or Licenciatura Degree

Medical/Allied Professional

Dentist

D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license

Dietitian

Baccalaureate or Licenciatura Degree; or state/provincial license

Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) 6

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

Nutritionist

Baccalaureate or Licenciatura Degree

Occupational Therapist

Baccalaureate or Licenciatura Degree; or state/provincial license

Pharmacist

Baccalaureate or Licenciatura Degree; or state/provincial license

Physician (teaching or research only)

M.D. or Doctor en Medicina; or state/provincial license

Physiotherapist/Physical Therapist

Baccalaureate or Licenciatura Degree; or state/provincial license

Psychologist

State/provincial license; or Licenciatura Degree

Recreational Therapist

Baccalaureate or Licenciatura Degree

Registered Nurse

State/provincial license; or Licenciatura Degree

Veterinarian

D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license

Scientist

Agriculturist (including Agronomist)

Baccalaureate or Licenciatura Degree

Animal Breeder

Baccalaureate or Licenciatura Degree

Animal Scientist

Baccalaureate or Licenciatura Degree

Apiculturist

Baccalaureate or Licenciatura Degree

Astronomer

Baccalaureate or Licenciatura Degree

Biochemist

Baccalaureate or Licenciatura Degree

Biologist

Baccalaureate or Licenciatura Degree

Chemist

Baccalaureate or Licenciatura Degree

Dairy Scientist

Baccalaureate or Licenciatura Degree

Entomologist

Baccalaureate or Licenciatura Degree

Epidemiologist

Baccalaureate or Licenciatura Degree

Geneticist

Baccalaureate or Licenciatura Degree

Geologist

Baccalaureate or Licenciatura Degree

Geochemist

Baccalaureate or Licenciatura Degree

Geophysicist (including Oceanographer in Mexico and the United States)

Baccalaureate or Licenciatura Degree

Horticulturist

Baccalaureate or Licenciatura Degree

Meteorologist

Baccalaureate or Licenciatura Degree

Pharmacologist

Baccalaureate or Licenciatura Degree

Physicist (including Oceanographer in Canada)

Baccalaureate or Licenciatura Degree

Plant Breeder

Baccalaureate or Licenciatura Degree

Poultry Scientist

Baccalaureate or Licenciatura Degree

Soil Scientist

Baccalaureate or Licenciatura Degree

Zoologist

Baccalaureate or Licenciatura Degree

Teacher

College

Baccalaureate or Licenciatura Degree

Seminary

Baccalaureate or Licenciatura Degree

University

Baccalaureate or Licenciatura Degree

1 A business person seeking temporary entry under this Appendix may also perform training functions relating to the profession, including conducting seminars.

2 "State/provincial license" and "state/provincial/federal license" mean any document issued by a state, provincial or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.

3 "Post-Secondary Diploma" means a credential issued, on completion of two or more years of postsecondary education, by an accredited academic institution in Canada or the United States.

4 "Post-Secondary Certificate" means a certificate issued, on completion of two or more years of postsecondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.

5 A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.

6 A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment or prevention of disease.

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Suite 830
Woodland Hills, CA 91367

Tel: (818) 883-5510
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