NAFTA is the North American Free Trade Agreement. Certain professionals listed in the NAFTA who are citizens of the signatory countries are eligible for a work authorized nonimmigrant status called TN.

What countries are signatories of the NAFTA?

The present participants in NAFTA are the United States, Canada and Mexico. Therefore, only Canadian and Mexican citizens are eligible to receive TN professional status in the United States.

What professions are included in the TN category?

The professions eligible for TN status are listed in the Appendix 1603.D.1 of Chapter 16 of the NAFTA. They include but are not limited to: Engineers, Accountants, Computer Systems Analysts, Architects and some 60 other professionals.

What are the eligibility requirements for TN professional status?

Most TN Professionals are required to possess a Bachelor's degree or Licenciaturia degree in the Profession. In addition, if the state in which the professional will work requires a state license to practice that profession (ie. lawyer, doctor), then the TN professional must possess that credential.

Are there any TN professions which do not require a bachelor's degree or Licenciaturia as a minimum credential for the person seeking TN professional status?

Yes. The following professions are among those that have alternative minimum educational/experiential prerequisites for entry into the TN professional status category: Computer Systems Analyst, Management Consultant, Scientific Technician. TN applicants seeking entry to the United States in these categories are however given a higher level of scrutiny then those persons seeking entry in other TN professions.

Listed TN Professionals are allowed to stay in the United States for periods of up to one year.

Is there any maximum stay for TN professionals?

No. TN Professionals may extend their TN status indefinitely .

There is a 5500 annual limitation on TNs for Mexicans. There is no limitation on the annual allotment of TN status professionals for Canadians.

Are there any differences between the requirements for TN professionals from Mexico and those from Canada?

Yes. TN Professionals from Canada may apply for entry in that status at any class A border crossing. This means expedited entry into the United States. TN professionals from Mexico, however, must have their employers submit a Labor Condition Application, LCA, to the Department of Labor, a nonimmigrant petition to the Nebraska Service Center, and must obtain a visa in TN status from the United States Department of State. These requirements do not differ significantly from those required for H-1B specialty occupation status. Therefore, the only reason that a Mexican would likely seek TN status over H-1B status would be if the annual cap on the amount of H-1B visas had been reached.

May a TN Professional seek lawful permanent residence/green card?

While there is no bar to a TN professional seeking permanent residence, it may not be the most prudent course of action. This is because a TN professional must have purely nonimmigrant intent and must intend on returning to his/her home-country after his/her one year stay. This nonimmigrant intent is at odds with an individual seeking permanent residence and a TN applicant seeking permanent residence may be denied entry in TN status if they manifest immigrant intent. Additionally, a TN nonimmigrant who has applied for permanent residence may be found to have misrepresented themselves in obtaining an immigration benefit under certain circumstances. This would have serious immigration consequences for that person. Our firm generally requires that a TN nonimmigrant change status to H-1B or some other dual-intent category before applying for permanent residence.