NAFTA Professionals

The North American Free Trade Agreement (NAFTA) represents the first comprehensive trade agreement involving the U.S. to address the free movement of professionals. Although TN status is generally considered a nonimmigrant status, we have given it separate treatment because we believe it represents global approach to the movement of professionals, a break with the more restrictionist view applied in the case of traditional immigrant and nonimmigrant visas.

Under NAFTA, Canadian and Mexican citizen professionals in designated professions may be admitted (without requiring the issuance of a specific visa) into the United States in "TN Status" for one year intervals to work in their professions. There are substantial differences in the procedures to acquire TN status for Canadian and Mexican citizens.

Canadian Citizens

The major benefits of TN status to Canadian citizens otherwise eligible for H1B visa status are the streamlined application procedures at ports of entry, the lack of any limit on the number of extensions of stay or applications for readmission, and the absence of a limit on the total number of TN admissions that may be granted. This last benefit obviously becomes most important only if the 65,000 annual limit on H1B petition approvals is reached.

The benefits of the TN category to Mexican citizens are practically nonexistent. Mexican citizens applying for TN status are required to have a U.S. employer file a petition as required for an H1B petition. The primary reasons to seek a TN visa for a Mexican citizen would be: 1) if the 65,000 annual limit on H1B visas is reached, in which case the additional 5,500 TN visas permitted for Mexican citizens would prove helpful; and 2) the ability to extend a TN applicant’s stay in the United States beyond the six year limitation that is imposed on H1B applicants. However, Mexican TN applicants are, further restricted by having to apply for a TN visa at a United States Consulate. The TN visa may be denied if the consular officials find that the applicant lacks the requisite nonimmigrant intent.

Canadian and Mexican citizens seeking to enter the U.S. in TN status are expressly prohibited from engaging in self-employment.

NAFTA Professional Job List

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