Visas for Canadian & Mexican Professionals

Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican professionals such as accountants, engineers, registered nurses, architects, lawyers, university level teachers and research assistants, hotel managers, librarians, system analysts, and management consultants could be admitted into the United States under the TN non-immigrant visa category. The TN visa is similar to the H1-B visa except there is no statutory limitation on stay and it covers a broader range of job categories. There are different requirements for Canadian and Mexican nationals seeking admission to the U.S. under the TN visa.

 

Canadian Nationals:

Canadian Professionals seeking admission to the U.S. in the TN visa category must provide:

• Proof of Canadian citizenship
• Evidence that the activity to be perform is one of the above-mentioned professions.
• Evidence of professional qualification.
• Proof of a license to practice the profession if one is required in the state of intended employment.
• Documentation showing remuneration arrangement for activity to be performed in the United States.

The TN visa is valid for a year and may be extended. Family members of a TN holder are admitted under TD visa.

 

Mexican nationals:

Obtaining a TN visa for a Mexican professional requires the following:

• Approval by the U.S. Department of Labor of a Labor Condition Application (LCA) filed by the employer. The LCA is a form which must be carefully prepared and posted in two conspicuous places at the work site. The application requires the employer to attest to complex facts concerning wage, working conditions, labor conditions and the giving of notice.
• Approval by the USCIS of a TN petition filed by the employer. The petition must be submitted with the following: 1) evidence of Mexican citizenship; 2) a copy of the Labor condition Application certified by the U.S. Department of Labor; 3) a company letter stating the activity to be performed and remuneration arrangement; 4) evidence of professional qualification; 5) proof of license to practice the profession if one is required in the state of intended employment.
• Issuance of a TN visa by a U.S. consulate in Mexico based on the TN petition approved by the INS.

The TN visa is valid for a year and may be extended. The family members of a TN holder are admitted under TD visa.

DISCLAIMER: The information given in this website is intended as general information only and is not a substitute for the services of an immigration attorney in your specific case.