As discussed in our previous blog, the Applicants of Certain Nationalities are issued special nonimmigrant work visas in addition to highly popular H-1B Nonimmigrant Work Visa. Accordingly, NAFTA Professional (TN) Nonimmigrant Visa is available to citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged full-time or part-time business activities for U.S. or foreign employers. The Applicant should be coming to the United States to worktemporarily in certain “Professional Occupations” that are specifically listed in the USMCA and should have qualifications to practice in the profession in question. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.

Also, TN visa category has no annual numerical limit. The initial period of employment is up to a maximum of three years, and the extensions may be obtained multiple times.

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. Accordingly, if a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant. Alternatively, a prospective TN employer in the US may choose to file on behalf of a Canadian citizen who is outside the United States by submitting a Petition for Nonimmigrant Worker to USCIS.  If USCIS approves the submitted Petition, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the required documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.

If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. 

Please note, any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD nonimmigrant status.  Spouses and children are:

·       Not permitted to work while in the United States, but they are permitted to study.

·       Granted TD status for no longer than the period of time granted to the principal TN nonimmigrant.

Disclaimer

We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.