Overview

The North American Free Trade Agreement (NAFTA) became law on January 1, 1994.   NAFTA broadened the trade benefits previously enjoyed by the United States and Canada in the US-Canada Free Trade Agreement (FTA) which had been in effect since January 1, 1989 and extended them to Mexico.  NAFTA also provides new business immigration benefits for companies in the US, Canada and Mexico.

The NAFTA/TN visa program allows Canadian and Mexican professionals with US job offers to work in the United States provided that the US work activity is a profession designated in Schedule II of NAFTA.  The intending worker should present a packet containing supporting documentation to the NAFTA Officer at the port of entry.  A TN visa application may require several hours for review depending on its complexity.

Most NAFTA Officers established unique procedures for submitting TN visa applications.   Intending workers entering the United States by air may be subject to delays that will interfere with travel arrangements.  For this reason the NAFTA Officer at the intended port of entry should be contacted before the worker arrives for processing.   The TN visa is valid for up to one year and may be renewed.

NAFTA significantly favors Canadian professionals over Mexican professionals.   Mexican professionals must submit to a more intensive application process similar to the H-1B visa application.  Visitors interested in work visas for Mexican nationals should visit the H-1B Skilled Worker Visa page of this site.

Procedures

Employers should provide a package of supporting documents to support the visa application.  That documentation should include a letter printed on the employer's stationery and signed by an authorized manager or corporate officer.  That letter should include: (1) the job title, (2) a description of the professional level activities to be performed in the United States, (3) a brief summary of the applicant's proposed daily work activities if appropriate, and (4) the salary or hourly wage that the employer will pay the applicant.  Employers should also provide an offer letter.

The employee should provide proof of a degree, certificate, diploma or other authorized alternative qualifications.  These proof of education documents should be certified copies rather than unendorsed photocopies.  If the prospective employee's education occurred outside of Canada, Mexico or the US, the proof of education document should be accompanied by an educational equivalency analysis.  This analysis may be obtained from equivalency consultants for a modest fee and should include a certification of the sources used for the analysis as well as the qualifications of the analyst.

The employee should also bring proof of Canadian citizenship and support for his or her intent to return to Canada.  Proof of an intent to return to Canada and remain only temporarily in the US may be shown by affidavits or documents indicating substantial ties to Canada.  That proof may include: letters from family, friends and associates within Canada, (2) records showing property ownership in Canada, (3) Canadian bank account statements, or (4) proof of Canadian investments.

TD Visas for Spouse and Dependents

The spouse and unmarried minor children of the TN visa applicant may be granted TD visas to enter the United States.  TD visas allow the spouse and unmarried minor children to attend school in the United States, but do not authorize work.  The TD visa may be granted simultaneously with the TD visa and no additional filing fee is necessary.  TD applicants should provide evidence of the appropriate familial relationship and evidence of nationality.  If the spouse or unmarried minor children are following to join the TN worker, they should provide a copy of the TN worker's I-94 to the NAFTA Officer at the port of entry.  The TD visa is valid for the duration of the primary TN workers' valid status.

TN Visas: Limits on Employment and Renewal

TN visas are available to Canadian and Mexican professionals for work in the United States.  Canadian professionals enjoy easy processing and only a short wait for issuance of the visa while at the Port of Entry (POE).  And there is no annual numerical limit on Canadian TN issues.  However, Mexican TN visas are severely limited.  Actually, TN processing for Mexican professionals differs little from H-1B processing, and Mexican TN issues are limited to 5,500 per year for the first ten years of the NAFTA regime.

While versatile and relatively easy to obtain, TN visas are subject to restrictions.   The most important of these is that the TN visa is valid only for employment at the employer or company printed on the I-94 issued at the POE.  INS prints the name of the employer or company on the I-94 to discourage fraud and other employment violations.   To work for a different employer or company or to add an employer or company, the TN visa holder must either apply for another TN visa, or apply to change the previously issued TN.  To apply for new TN, the applicant would simply follow the steps used to obtain the first TN, but with the information from the new employer or company substituted for that of the old.  TN holders may apply to amend the TN to change or add employers using INS Form I-129.  8 CFR Section 214(i)(2)(i).

The second important restriction on TN visas are the types of professions and professional work that is eligible for TN classification.  Approved professions are listed in NAFTA, Schedule II of Annex 1603, and this list is reprinted in 8 CFR Section 214.6(2).  Only persons qualified under Schedule II approved professions may be eligible for TN visas.  Most of the professions listed in Schedule II require a bachelor's degree or a foreign equivalent.  Three-year Canadian bachelor's programs as well as the Mexican licenciatura degree satisfy BA/BS requirements under NAFTA.  But TN candidates may not satisfy those Schedule II professions requiring a bachelor's degree with equivalent experience.  When Schedule II refers to 'equivalent' this means an equivalent Canadian or Mexican degree.