 Employing Canadian/Mexican Professionals Under NAFTA
TN status is for Canadian and Mexican persons engaged in activities at a professional level. TNs, unlike H-1Bs and L-1s, has no statutory limitation on stay. However, TNs must prove their intent not to immigrate. Activities at a professional level under NAFTA are defined as requiring "at least a baccalaureate degree or appropriate credentials demonstrating status as a professional."
Qualifications for a "TN" visa
A citizen of NAFTA country may work in a professional occupation in the U.S. provided that all of these conditions are met:
The profession is recognized under NAFTA
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
Following is the TN list of professional occupations covered by Appendix 1603.D.1:
Accountant, Architect, Computer Systems Analyst, Disaster relief insurance claims adjuster, Economist, Engineer, Forester, Graphic designer, Hotel manager, Industrial designer, Interior designer, Land surveyor, Landscape architect, Lawyer (including Notary in the province of Québec), Librarian, Management consultant, Mathematician (including statistician), Range manager/ Range conservationist, Research assistant, Scientific technician/ technologist, Sylviculturist (including forestry specialist), Teacher/College or University, Teacher / Seminary, Technical publications writer, Urban planner, Vocational counselor.
Medical/Allied Professionals
Dentist, Dietitian, Medical laboratory technologist, Nutritionist, Occupational therapist, Pharmacist, Physician, Physiotherapist/ physical therapist, Psychologist, Recreational therapist, Registered nurse, Veterinarian.
Scientist
Agriculturist, Animal breeder, Animal scientist, Apiculturist, Astronomer, Biochemist, Biologist, Chemist, Dairy scientist, Entomologist, Epidemiologist, Geneticist, Geochemist
Geologist, Geophysicist, Horticulturist, Meteorologist, Pharmacologist, Physicist, Plant Breeder, Poultry scientist, Soil scientist, Zoologist.
Dependents
Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the TD status.
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TN and H-1 B Comparison Chart
The TN visa is similar in requirements to the H-1B visas, although it has both substantial benefits and drawbacks to that visa category. The ways in which a TN visa is more advantageous than an H-1B are as follows:
Unlike H-1Bs, there is no prevailing wage requirement for TN visas
Unlike H-1Bs, TN visas are not subject to an annual cap or quota
Unlike H-1Bs, TN visas can be renewed indefinitely
Generally speaking, TN visas cover a broader range of job descriptions
Canadian citizens can obtain a TN visa at the border, meaning there is no wait for the visa
A TN visa can be obtained by a person who has held H-1B status for the full six years without fulfilling the requirement of spending one year outside the US, a requirement that must be complied with before obtaining other nonimmigrant work visas
While these advantages makes the TN visa seem an ideal substitute for the H-1B for Canadian and Mexican citizens, there are some drawbacks that must be considered, such as:
Unlike H-1B visas, the TN visa is not a "dual intent" visa. That is, where a person on an H-1B visa may pursue permanent residency without having their visa revoked because they now have immigrant intent, a person on a TN visa cannot pursue permanent residency without risking their TN status.
How We May Help You?
Our office has filed many change of status TN requests and also helped TN applicants in forwarding the information about the appropriate paperwork required to show it to Visa Officer at port of entry (border). The expertise of Immigration Attorney comes into play while carefully reviewing the job title and job duties being offered to the TN applicant. Our office can help in determining whether the job offered and corresponding duties warrant a favorable TN visa outcome, and if not, what are the alternative or appropriate channel to get a TN visa? Please contact our office for more details.
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