TN VISAS (CANADA & MEXICO) STATUTORY REQUIREMENTS

USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA PROFESSIONAL WORKERS FROM CANADA AND MEXICO.
(October 14, 2008)

A national from Canada or Mexico may apply for TN (Trade NAFTA) status if he or she qualifies as a "professional." His profession must be listed on Schedule 2 of the North American Free Trade Agreement. (The list is reproduced below.)

In order to be classified as a "professional," individuals must have at least a bachelor's degree or a license as required by their profession. If the applicant does not have a bachelor's decree or license, a combination of experience and education will not be accepted. As indicated by the list below, certain professions such as librarians require an advanced degree beyond a Bachelor's.

On the other hand, "management consultants" are required to have either a bachelor's degree or "five years of experience in consulting or related field." A management consultant should generally not be a regular, full-time employee of the company sponsoring the alien. According to the FTA (Free Trade Agreement), management consultants should be 1) independent consultants coming to the U.S. to render services to an American employer for a particular project 2) employees of consulting firms under contract to a U.S. business to render services, or 3) employees of U.S. companies hired for special projects as opposed to an existing position or a newly-created permanent position.

If the management consultant falls into in the third category, he must satisfy the officer that his position is temporary. Generally, management consultants provide services that are intended to improve the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity's goals, objectives, policies, strategies, administration, organization, or operation.

TN professionals, as opposed to business persons and professionals listed in the "general service" business visitor category (who must be paid by an overseas source), are permitted to be employed and compensated in the United States by an American company. The List of Professionals does not include athletes and entertainers. (Individuals who are self employed are subject to strict rules which limit the circumstances in which they may obtain TN status.)

APPLICATION PROCEDURES (CANADIANS)
A Canadian filing for a TN visa may make this application at a port of entry where a NAFTA officer will adjudicate the application. The application fee for a TN visa application is $50 and approval of the visa can be obtained the same day or few days before the date of departure. It is advisable to contact the port of entry prior to the date of departure to ascertain the current procedures for a TN application. Dorval Airport-Montreal (514) 631-2097; Toronto International Airport (905) 676-2563; Vancouver Airport (604) 278-3360.

DOCUMENTARY REQUIREMENTS
Nationality must be established by providing a passport or birth certificate. In addition, to prove that the business activity is at a professional level, the applicant should provide a job offer letter (and if possible a contract) from the prospective employer, as well as supporting documents such as a licenses, diplomas, degrees, certificates, credentials, or other documents that demonstrate professional status. It is advisable to provide a resume as well. According to the applicable regulations, the documentation should a) confirm that the profession is on the list of NAFTA professions, b) provide of description of the professional activities, c) affirm the anticipated length of stay, d) provide proof the educational qualifications of license, e) describe the arrangements for remuneration, f) demonstrate that licensing requirements of state and local law have been satisfied.

VISA DURATION AND EXTENSIONS
A TN visa is granted for up to one year. At the end of each one-year period, the TN professional may reapply for another TN visa. An extension of stay may be granted for up to one year. An extension of a TN visa can be filed in the U.S. only at the INS Nebraska Service Center. For Canadians, an extension may also be obtained by leaving the U.S. and applying at a port of entry. (In this case, the alien does not have to file the form I-129 but he should have a new job letter and be prepared to comply with all the original requirements outlined above.)

SCHEDULE 2 OF THE NORTH AMERICAN FREE TRADE AGREEMENT

LIST OF PROFESSIONALS THAT QUALIFY FOR TEMPORARY ENTRY TO THE UNITED STATES PURSUANT TO NAFTA 8 C.F.R. § 214.6: Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level. (a) General. Under section 214(e) of the Act, a citizen of Canada or Mexico who seek temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with the North American Free Trade Agreement (NAFTA). (b) Definitions. As used in this section the terms: Business activities at a professional level means those undertakings which require that, for successful completion, the individual has at least a baccalaureate degree or appropriate credentials demonstrating status as a professional.

Business person, a defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities.

Engage in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be self-employed.

Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence.

(c) Appendix 1603 D.1. to Annex 1603 of the NAFTA. Pursuant to the NAFTA, an applicant seeking admission under this section shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D1 to Annex 1603. the professions in Appendix 1603.D.1 and the minimum requirements for qualification for each are as follows:

-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 license. -Computer Systems Analyst-Baccalaureate or Licenciatura Degree: or Post-Secondary Diploma or Post Secondary Certificate 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 Post- Secondary Diploma or Post-Secondary Certificate and three years experience. --Hotel Manager--Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management. --Industrial Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. --Interior Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary 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)--L.L.B., J.D., L.L.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 Conservationist--Baccalaureate or Licenciatura Degree. --Research Assistant (working in a post-secondary educational institution)--Baccalaureate or Licenciatura Degree. --Scientific Technician/Technologist (Note 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 Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.

--Urban Planner (including Geographer)--Baccalaureate or Licenciatura Degree.

--Vocational Counselor--Baccalaureate or Licenciatura Degree. --MEDICAL/ALLIED PROFESSIONALS --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) (Note 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. 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. --Geochemist--Baccalaureate or Licenciatura Degree. --Geologist--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.

Please note: The information contained above is highly general. It should not be relied on for legal advice. For questions pertaining to your case, it is recommended that you consult an experienced immigration lawyer who can answer all your questions and make sure that your case is handled properly.

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