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Copyright 2002, Boyd F. Campbell, All Rights Reserved

Requirements for Trade Nafta visa for professionals

By BOYD F. CAMPBELL
Attorney at Law and Civil Law Notary

    This article describes the requirements and procedures to obtain the TN (Trade Nafta) nonimmigrant visa for professionals.  Formerly known as TC (Trade Canada), TN visa petitions are filed with the Immigration and Naturalization Service (INS) by U.S. employers on behalf of Canadian and Mexican citizens who wish to work temporarily in the United States.
    Canadian citizens benefit from expedited procedures at the port of entry (or border crossing), and there is no limit on the number of extensions of stay or applications for readmission that may be filed, and no limit on the number of admissions that may be granted.  Mexican citizens, unfortunately, are subject to a "labor condition application."  The process for Mexicans is similar to the H-1B (temporary worker) visa process.  Mexicans are also subject to stricter consular questioning concerning their intent to immigrate to the United States.  The only problem is that Congress restricted the visa validity to six months. Most of my clients hate the frequency of renewal for this visa, and I don't blame them.  The TN visa is available for a limited number of professions.  For a list of those professions and a few frequently asked questions, please click on the following link:  Trade Nafta Professionals.
    There is a licenciatura degree requirement (normally a five-year program) as an alternative to the baccalaureate degree.  Three-year baccalaureates are allowed, primarily because of Canadian degree programs. In a limited number of professions, a TN visa applicant may qualify with a state or provincial license in lieu of a baccalaureate or licenciatura degree.  Self-employed persons are not allowed to apply for the TN visa.
    Canadians may file an application for the TN visa at a U.S. class "A" port of entry, a U.S. international airport, or a U.S. pre-clearance/pre-flight inspection station.  No prior petition, labor condition application, or prior approval is required, but certain documentation establishing eligibility must be presented.  Canadians are admitted for a period not to exceed one year.
    The annual TN visa limit for Mexicans is 5,500. Only a U.S. employer may file for a Mexican citizen. The labor condition application, approved by the U.S. Department of Labor, must accompany the TN visa application. In addition, the application's supporting documentation requirements are more rigorous than required for Canadians. Spouses and unmarried minor children of TN applicants may apply for TD (Trade Dependent) status.  No fee is required.  No dependents of a TN visa holder may accept employment.  Canadians may apply for an extension of stay through an INS district office or at a port of entry within one year of admission to the United States.  Mexicans must apply for extensions of stay through an INS service center.  The extension authorized is one year for both.
    If the TN visaholder wishes to change employers, both Canadians and Mexicans are required to have the new employer file a new application on their behalf.  Neither Canadians nor Mexicans are required to file a new petition if they are transferred to another location in the United States by their U.S. employer to perform essentially the same services, unless the new location is run by the U.S. employer's separately incorporated subsidiary or affiliate.
    The professional fields covered are in the areas of computer science, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, the arts, and many teaching positions, much as occupations under the H-1B (specialty worker) nonimmigrant visa.
    A TN visa does not normally lead to a "green card" (permanent resident status) because the TN visa is renewable virtually indefinitely.  Still, it is possible to obtain "green cards" for TN visaholders.

    Boyd F. Campbell is a member of the American Bar Association (ABA) and the American Immigration Lawyers Association (AILA).  He has served as Chair of the Immigration Law Committee of the ABA's General Practice, Solo & Small Firm Lawyers Section and as Co-Chair for the Immigration Law Committee of the ABA's Labor and Employment Law Section.  He was a member of the ABA's Coordinating Committee on Immigration Law from 1994 to 1998.  He was Vice-Chair a task force that created the International Law Section of the Alabama State Bar, and served as Chair of the International Law Section from 2000 to 2002.  Mr. Campbell was selected for inclusion in The Best Lawyers in America Consumer Guide, published by Woodward/White, Inc.
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Questions or comments about this article may be directed to:
Immigration Law Center, L.L.C.
P.O. Box 11032
Montgomery, Alabama 36111-0032 U.S.A.

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