Definition   

Professionals   

Management Consultants   

Duration   

Citizens of Mexico   

Citizens of Canada   

DEFINITION
A citizen of Canada or Mexico who seeks temporary entry to the United States to engage in business activities at a professional level may be admitted in TN status pursuant to the North American Free Trade Agreement (NAFTA).

Business activities at a professional level mean those undertakings which require that, for successful completion, the individual has at least a bachelors degree or appropriate credentials demonstrating status as a professional in a profession set forth in an Appendix to NAFTA.

The alien must render services for a United States entity, including an individual, and cannot establish a business or practice in the United States in which the professional will be, in substance, self-employed.

A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner.

PROFESSIONALS
The Appendix to NAFTA lists the professions covered and the specific requirements to qualify for each profession.

Most occupations listed in the Appendix such as Accountant, Architect, Economist, Engineer, Lawyer, Mathematician, Dentist, Dietitian, Pharmacist, Physician, Psychologist, Biochemist, Physicist or College Teacher, require a university degree or license.

Some occupations require a university degree or license, or a Post-Secondary Diploma or Post-Secondary Certificate and three years experience.

A Post-Secondary Diploma is a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.

A Post-Secondary Certificate is a certificate issued on completion of two or more years of post secondary education at an academic institution recognized in Mexico.

Examples of professions where a Post-Secondary Diploma or Post-Secondary Certificate and three years experience may qualify in lieu of a university degree or license include Computer Systems Analyst, Graphic Designer, Hotel Manager, Industrial Designer, Interior Designer, Technical Publications Writer, and Medical Laboratory Technologist.

MANAGEMENT CONSULTANTS
A Management Consultant may qualify for TN status without a Bachelors degree or license, or Post-Secondary Diploma or Post-Secondary Certificate by showing five years experience as a Management Consultant, or five years experience in a field of specialty related to the consulting agreement.

The ability of an alien to qualify for TN status as a Management Consultant without any formal education has caused many individuals to apply in this category. In response, the INS scrutinizes Management Consultants very closely.

In an attempt to limit the use of the Management Consultant category, INS officers frequently insist that the Management Consultant applicant be coming to the United States to work for a consulting firm, and not merely any operating business.

DURATION
TN status may be granted for a period of up to one year and extended in one year increments. Although there is no stated maximum number of years for which TN extensions can be granted, the alien must satisfy the inspecting immigration officer that the proposed stay is temporary and without the intent to establish permanent residence.

In order to establish that the alien's entry will be temporary, the alien must demonstrate that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon the completion of the assignment.

Therefore, after a period of years in TN status, an alien may be denied a further extension if the immigration officer concludes that by virtue of his or her years in TN status, the alien no longer appears to intend to remain in the United States temporarily.

Moreover, if the alien applies for a green card while in TN status, that would be evidence that the alien no longer intends to stay in the United States temporarily.

As a result, aliens frequently change from TN to H-1B status since aliens in the latter status are permitted to have dual intent and apply for a green card while still maintaining H-1B temporary work status.

CITIZENS OF MEXICO
All petitions for TN status for citizens of Mexico must be filed at the Northern Service Center regional office of the INS in Lincoln, Nebraska, and be accompanied by a labor condition application. Petitions for TN status typically take approximately 30-60 days to process.

The filing fee to the INS for a TN petition is $130. If the parties wish to obtain expedited adjudication of the TN petition, they must pay a Premium Processing fee of an additional $1, 000 to the INS, which guarantees a response from the INS, but not necessarily an approval, within 15 days of the date of filing.

Not more than 5,500 citizens of Mexico can be classified as TN nonimmigrants annually. Requests for TN extensions shall not be counted for purposes of the numerical limit.

CITIZENS OF CANADA
A citizen of Canada seeking admission to the United States in TN status may apply at a United States Class A port of entry, at a United States airport handling international traffic, or at a United States pre-clearance/pre-flight station.

No prior petition, labor certification, or prior approval shall be required, and the TN petition is normally adjudicated at the time of admission.

A citizen of Canada who is in the United States in valid, non-immigrant status may obtain or extend his or her TN status without leaving the United States by filing a petition for TN status at the Northern Service Center regional office of the INS in Lincoln, Nebraska, where the processing time typically takes approximately 30-60 days.

There is no limitation to the number of Canadians who can be classified as TN nonimmigrants each year.