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Ice on Immigration: Professional Visas and NAFTA
By L. Patricia Ice, Featured
Columnist
Question: I have heard about a type of visa for certain
professional individuals issued pursuant to the North American Free
Trade Agreement (NAFTA) between Canada, Mexico and the United States.
Can you give me any information in this regard?
Answer: You are probably referring to the so-called Trade NAFTA visa
or status, commonly known as TN. A citizen of Canada or Mexico can
apply for and obtain TN status if that person meets certain educational
and background experience requirements and will work in a professional
capacity in a business in the United States. The United States Code of
Federal Regulations (CFR) lists more than 50 professions in which a TN
visa or status holder may seek to work in this country. Among those
professions are accountant, economist, lawyer, scientific technician,
pharmacist, horticulturist and teacher. In order to qualify to obtain
TN status, most of the professionals must have at least one university
degree earned from a recognized institution located in Canada, Mexico or
the United States, and some are required to have a post baccalaureate or
professional degree. A Mexican citizen must apply for a TN visa at a
U.S. embassy or consulate in Mexico. A Canadian citizen can apply for
TN status at most U.S. ports of entry, including international airports
or U.S. pre-clearance/pre-flight stations.
An individual can be granted TN status for up to 3 years at a time,
and can request extensions of stay as long as he or she can demonstrate
the temporary nature of the job. There are currently no limits on how
many times a person can request renewal of TN status. In order to get
TN status, applicants must present proof of Canadian or Mexican
citizenship, a letter from the prospective U.S. employer describing the
job and why it is temporary, and evidence that the applicant meets the
minimum education or experience required by the CFR. A TN status holder
may make multiple entries into and exits from the U.S. while in TN
status.
Approval of an application for TN status is not automatic and
applicants should be prepared to present a strong application at a U.S.
port of entry, embassy or consulate. I suggest that prospective
applicants and employers consult with a knowledgeable immigration
attorney or Board of Immigration Appeals accredited representative
before applying.
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