The North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. It also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications. TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA and the TN employee must possess the credentials required. There is no annual limit on TN-1 admissions from Canada or Mexico. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
USCIS Petition
This classification does not require a petition for employment if the alien is a Canadian or Mexican citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. Mexican nationals must submit the TN application at a consular post and obtain a visa stamp in their passport to be admitted in TN-1 status. Unless the aforementioned exception applies, in order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS). It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing. Should you need petition processing faster, premium processing is available for an additional fee. Once approved, the employer or agent is sent a notice of approval, Form I-797. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.
How We Serve Our Clients
Our dynamic and knowledgeable attorneys will consult with you to determine that the nature of the offered position and the Canadian or Mexican candidate's background to determine if this an appropriate visa. We will also recommend possible alternative strategies if the foreign beneficiary's experience renders them ineligible for this visa category. Our attorneys work closely with both the employer and prospective employee to ensure that the required documents are rendered and all legal issues addressed. We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies. When required, we also prepare and file applications for dependent family members to ensure a smooth transition to the United States for the prospective employee and dependent family members. Our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.
