The TN category is governed by the North American Free Trade Agreement (NAFTA). The NAFTA treaty benefits Canadian and Mexican citizens in a non-immigrant context. It allows some qualified Canadian and Mexican citizens to enter the U.S temporarily to work. For the most part, the qualified foreign nationals must be professionals to be eligible for a TN. However, there are limited exceptions. The NAFTA treaty lists the qualifying occupations for a TN. The qualifying occupations are broad and include accountants, architects, computer system analysts, engineers, interior designers, lawyers, management consultants, dentists, psychologists, biologists, teachers and many others. The treaty also lists the specific educational and licensure requirements along with any limitation on the work performed where applicable for each qualifying occupation. For example, a physician requires a Medical Degree or a state/provincial license but may obtain TN status to only work in teaching or research.
Full-time or Part-time Employment Permitted
A TN may be granted for full-time or part-time employment. However, self-employment is not permitted.
Where Can You Apply for a TN?
Canadian citizens may apply for a TN at some U.S. ports of entry. Mexican citizens cannot apply a port of entry and therefore must apply at a U.S. consulate. A TN may be approved for up to three years. Extensions of stay may be filed with the U.S. Citizenship and Immigration Services (USCIS) in up to three-year increments. There is no limitation on the number of extension of stays for a TN.
What About Your Dependents?
Dependent status for a spouse and children of a TN professional is available. Dependents of a TN hold TD status.
Speak with an Immigration Attorney
Sunil C. Patel Immigration Law has extensive experience in assisting Canadian and Mexican citizens obtain TN status through their employers. We are always committed to honest, cost-effective immigration advice and services in every case. Contact us for more information about how we can assist you.
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