TN Visa Category for Canadian

TN Visa Category for Canadian and Mexican Professionals under NAFTA By: Nicole C. Dillard, Esq. 在非移民簽證裏，TN簽證是允許有墨西哥或加拿大國籍的專業人才而可申請到美國的工作簽證。與H1B不同的是，TN簽證並沒有學曆的要求，而第一次申請隻有一年的有效期，但可無限延長。以下我們為大家介紹一下有關TN簽證以及其與H-1簽證的一些區別。 For those of you who are not aware, there is a nonimmigrant visa available to citizens of Mexico and Canada that allow for professionals in certain fields to have a different kind of nonimmigrant visa available to them. Unlike an H-1B visa, this nonimmigrant visa does not necessarily require a college degree in a specialty occupation, and still allows persons of specific professions to work in the United States , initially for one year, but have indefinite extensions. In August 1992, the United States , Canada and Mexico entered into the North American Free Trade Agreement (NAFTA), which provides for expedited admission of businesspersons for each country. This provision went into effect on January 1, 1994 and has been modified a few times since enactment, ultimately waiving some of the restrictions on Mexican citizens that did not otherwise limit Canadian citizens. The TN visa is the primary alternative to those seeking to employ Canadian and Mexican citizen professionals on a temporary basis. Permanent resident status in any NAFTA party country does not, in itself, confer any benefits under this agreement. With regard to employers seeking the services of a Canadian and Mexican professional, there are big advantages to the TN category over the H-1 category: n The USCIS does not have to approve an initial petition submitted by the employer, thus expediting the admission procedure for Canadian and Mexican professionals. This situations arises only in the instance where the professional is planning to consular process their visa abroad. In instances when the professional is already in the United States on a TN visa or another nonimmigrant visa status, the employer will file the I-129, Nonimmigrant Petition for Alien Worker so that the person may extend or change their status without having to leave the United States . n The six year limit on stay for H-1 aliens does not apply to the TN category. In addition, Canadian and Mexicans who have already completed six years in the H-1 or L nonimmigrant visa category can immediately qualify for the TN category without fulfilling the requirement of one-year-abroad imposed on H-1B and L aliens n There is no annual ceiling on the admission of Canadian and Mexican TN professionals, while the H-1B category has an annual cap n Employers who use the H-1B category to hire nationals from other countries on a temporary basis should also consider that by filing TN petitions, they are preserving H-1B admissions for nationals of other countries. The key qualifications for the TN visa status are that the intended U.S. activity must be in a profession listed on Schedule 2 of NAFTA, and the alien must possess the necessary credentials to be considered a profession al in one of the Schedule 2 of NAFTA designated fields of employment. Please see the Department of State’s explanation of the qualified occupations and their requirements to determine whether the position you are offered is eligible for the TN visa. With regard to the alien’s qualifications, a bachelor’s degree or higher is usually required in many occupations, unless Schedule 2 lists alternative qualifications. Equivalency to a required degree through a combination of experience and education will NOT be accepted for TN purposes. Alien in this situation must apply for H-1B status. Additionally, self-employment is not an option under the TN visa category. Once the appropriate field has been determined, the alien must demonstrate his qualification for the position, both those determined by NAFTA as well as any others determined by the employer. Whether the alien is applying for a change of status or applying at the consulate, the alien must also provide a very detailed job letter, highlighting specific information as determined by the Department of State and the United States Citizenship and Immigration Service (USCIS). Another point to reiterate is that the TN visa is a nonimmigrant visa. The TN visa category as defined by the United States Citizenship and Immigration Service and the Department of States clarify that the TN classification may be only conferred to persons seeking temporary entry into the U.S. without the intent to establish permanent residence. Therefore, TN visa holders may not have “dual intent,” unlike the H-1B and L visa category. To this end, if a TN visa would like to file to adjust his status to become a permanent resident, he will either have change his status to a nonimmigrant status that allows for dual intent (ie. H-1B or L visa) or he will have to consular process the immigrant visa once the underlying immigrant visa petition has been approved. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]