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Professionals
Under NAFTA
Who qualifies for a "TN" visa?
The category "Professionals under
the North American Free Trade Agreement" is available only to citizens
of Mexico and Canada.
Under the North American Free Trade Agreement
(NAFTA) a citizen of a NAFTA country may work in a professional
occupation in another NAFTA country provided that :
- the profession is on the NAFTA list,
- the alien possesses the specific criteria
for that profession,
- the prospective position requires someone
in that professional capacity
- the alien is going to work for a U.S.
employer.
The spouse and unmarried, minor children of the
principal alien are entitled to the derivative status, but they are
unable to accept employment in the United States. Aliens entering under
this classification are considered non-immigrants.
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Principal Requirements:
The requirements for Canadians and Mexicans
wishing to enter under this classification are NOT the same.
Citizens of Canada must provide the following at the port
of entry:
- A request for "TN" status;
- A copy of the applicant's college degree
and employment records which establish qualification for the prospective
job;
- A letter from the alien's prospective U.S.-based
employer offering him or her a job in the United States, which is
included on the professional job series (NAFTA list); and
- A fee of U.S. $50.00.
Canadian citizens are not required to obtain a
visa, but instead receive "TN" status with the Immigration and Naturalization
Service (INS) at the port of entry. The "TN" status will only be granted
if the period of stay is temporary.
The requirements for Mexican citizens are as follows:
- First, the prospective employer must file
a labor condition application;
- Then, the applicant's prospective employer
must file an I-129 "Petition For Non-Immigrant Workers" with the
Immigration and Naturalization Service (INS); and
- After the petition has been approved, the
alien must apply for a non-immigrant visa at a U.S. Embassy or Consulate
in Mexico.
How can an application for extension of temporary stay be made?
Requirements for Canadians and Mexicans wishing
to renew their "TN" status are NOT the same. Applications for extension
of stay are processed by the Immigration and Naturalization Service
(INS).
Canadian citizens have two options.
- they may have their employer file
an I-129 form at the closest regional INS office. This option
does not require leaving the U.S.
- Canadians may return to Canada to
re-apply at the port of entry with the same documentation
that is required for an original application.
Mexican citizens must have their employers renew their
labor certification and file another I-129 with their regional INS
office in order to extend their stay.
NAFTA Professional Job Series List
PROFESSION MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE
CREDENTIALS
Accountant - Baccalaureate or Licenciatura Degree; or C.P.A,
C.A., C.G.A., or C.M.A.
Architect - Baccalaureate or Licenciatura Degree; or state/provincial
license
Computer Systems Analyst - Baccalaureate or Licenciatura Degree;
or Post-Secondary Diploma or Post Secondary Certificate and three years
experience
Disaster Relief Insurance Claims Adjuster - (Claims Adjuster
employed by an insurance company located in the territory of a Party,
or an independent claims adjuster) Baccalaureate or Licenciatura Degree
and successful completion of training in the appropriate areas of insurance
adjustment pertaining to disaster relief claims; or three years experience
in claims adjustment and successful completion of training in the appropriate
areas of insurance adjustment pertaining to disaster relief claims
Economist - Baccalaureate or Licenciatura Degree
Engineer - Baccalaureate or Licenciatura Degree; or state/provincial
license
Forester - Baccalaureate or Licenciatura Degree; or state/provincial
license
Graphic Designer - Baccalaureate or Licenciatura Degree; or post-secondary
diploma and three years experience
Hotel Manager - Baccalaureate or Licenciatura Degree in hotel/restaurant
management; or post-secondary diploma or post-secondary certificate
in hotel/restaurant management and three years experience in hotel/restaurant
management
Industrial Designer - Baccalaureate or Licenciatura Degree; or
post-secondary diploma or post-secondary certificate, and three years
experience
Interior Designer - Baccalaureate or Licenciatura Degree; or
post-secondary diploma or post-secondary certificate, and three years
experience
Land Surveyor - Baccalaureate or Licenciatura Degree or state/provincial/federal
license
Landscape Architect - Baccalaureate or Licenciatura Degree
Lawyer - (including Notary in the province of Quebec) L.L.B.,
J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership
in a state/provincial bar
Librarian - M.L.S. or B.L.S. (for which another Baccalaureate
or Licenciatura degree was prerequisite)
Management Consultant - Baccalaureate or Licenciatura Degree;
or equivalent professional experience as established by statement or
professional credential attesting to five years experience as a management
consultant , or five years experience in a field of specialty related
to the consulting agreement
Mathematician - (including statistician) Baccalaureate or Licenciatura
Degree
Range Manager/Range Conservationist - Baccalaureate or Licenciatura
Degree
Research Assistant - (working in a post-secondary educational
institution) Baccalaureate or Licenciatura Degree
Scientific Technician/ Technologist - Possession of (a) theoretical
knowledge of any of the following disciplines: agricultural sciences,
astronomy, biology, chemistry, engineering, forestry, geology, geophysics,
meteorology, or physics; and (b) the ability to solve practical problems
in any of those disciplines, or the ability to apply principles of any
of those disciplines to basic or applied research
Social Worker - Baccalaureate or Licenciatura Degree
Sylviculturist - (including forestry) Baccalaureate or Licenciatura
Degree
Technical Publications Writer - Baccalaureate or Licenciatura
Degree, or post-secondary diploma or post-secondary certificate, and
three years experience
Urban Planner - (including Geographer) Baccalaureate or Licenciatura
Degree
Vocational Counselor - Baccalaureate or Licenciatura Degree
MEDICAL / ALLIED HEALTH PROFESSIONALS
Dentist - D.D.S., D.M.D., Doctor en Odontologia or Doctor en
Cirugia Dental or state/provincial license
Dietitian - Baccalaureate or Licenciatura Degree; or state/provincial
license
Medical Laboratory Technologist (Canada) / Medical Technologist
(Mexico and the United States) - Baccalaureate or Licenciatura Degree;
or post secondary diploma or post secondary certificate, and three years
experience
Nutritionist - Baccalaureate or Licenciatura Degree
Occupational Therapist - Baccalaureate or Licenciatura Degree;
or state provincial license
Pharmacist - Baccalaureate or Licenciatura Degree; or state provincial
license
Physician - (teaching or research only) M.D., Doctor en Medicina;
or state/provincial license
Physiotherapist / Physical Therapist - Baccalaureate or Licenciatura
Degree; or state/provincial license
Psychologist - State/provincial license; or Licenciatura degree
Recreational Therapist - Baccalaureate or Licenciatura Degree
Registered Nurse - State/provincial license or Licenciatura degree
Veterinarian - D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial
license
SCIENTIST
Agricultural (Agronomist) - Baccalaureate or Licenciatura Degree
Animal Breeder - Baccalaureate or Licenciatura Degree
Animal Scientist - Baccalaureate or Licenciatura Degree
Apiculturist - Baccalaureate or Licenciatura Degree
Astronomer - Baccalaureate or Licenciatura Degree
Biochemist - Baccalaureate or Licenciatura Degree
Chemist - Baccalaureate or Licenciatura Degree
Dairy Scientist - Baccalaureate or Licenciatura Degree
Entomologist - Baccalaureate or Licenciatura Degree
Epidemiologist - Baccalaureate or Licenciatura Degree
Geneticist - Baccalaureate or Licenciatura Degree
Geochemist - Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United
States) - Baccalaureate or Licenciatura Degree
Horticulturist - Baccalaureate or Licenciatura Degree
Meteorologist - Baccalaureate or Licenciatura Degree
Pharmacologist - Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada) - Baccalaureate or
Licenciatura Degree
Plant Breeder - Baccalaureate or Licenciatura Degree
Poultry Scientist - Baccalaureate or Licenciatura Degree
Soil Scientist - Baccalaureate or Licenciatura Degree
Zoologist - Baccalaureate or Licenciatura Degree
TEACHER
College - Baccalaureate or Licenciatura Degree
Seminary - Baccalaureate or Licenciatura Degree
University - Baccalaureate or Licenciatura Degree
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