North American Free Trade Agreement

TN STATUS FOR CANADIAN AND MEXICAN CITIZENS

On January 1, 1989, the immigration provisions of the United States-Canada Free Trade Agreement created the TC (Trade Canada) category to facilitate the movement of United States and Canadian professionals. On January 1, 1994, the TC category was supplanted by the North American Free Trade Agreement (NAFTA). Creation of the new Trade NAFTA (TN) category resulted in several changes to the prior treatment of Canadian citizens and the creation of new non-immigrant business visa alternatives for Mexican citizens.

The major benefits of TN status to Canadian citizens otherwise eligible for H-1B visa status are the streamlined application procedures at ports of entry, the lack of any limit on the number of extensions of stay or applications for readmission and the absence of a limit on the number of TN admissions that may be granted. This last benefit becomes most important only if the 65,000 annual cap on H-1B visas is reached.

The benefits of the TN category to Mexican citizens are somewhat reduced due to additional paperwork that is not required of Canadian citizens and the need to apply for a visa at an U.S. Consulate in Mexico. Canadians can apply at the DHS pre-inspection posts at international airports in Canada or at the border.

Trade NAFTA status is available only to certain professions. Only a United States employer can file a petition to classify a Mexican citizen as a TN professional, but either a United States or foreign employer may seek to have a Canadian citizen classified as a TN professional.

Spouses and unmarried minor children of TN professionals may apply for Trade Dependent (TD) status. Spouses and dependent minor children of TN professionals are issued an I-94 with a "multiple entry" notation. No fee is required for admission of a spouse or the dependent minor children of a TN professional at the port of entry. If the dependents are applying for a change of status, however, the normal fee and procedures are required. TD spouses and unmarried minor children may not accept employment unless otherwise authorized.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

No annual limit on the number of Canadian nationals who may reside in the United States in TN status has been imposed. Canadian citizens may file an application for TN status with an immigration officer at a United States class A port of entry, a United States airport handling international traffic, or a United States pre-clearance/ pre-flight inspection station. No prior petition, labor condition application or prior approval is required. A Canadian citizen TN applicant is not required to obtain a visa at a United States Consulate. Upon qualification for TN status, the Canadian citizen is issued a Form I-94 "Arrival/ Departure Record" and is admitted for a period not to exceed one year. The I-94 will indicate "multiple entry". A small fee is paid to DHS upon admission to the United States in TN classification. If the TN application is denied, the applicant may present his or her case to an immigration judge.

A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:
• Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. Immigration Officer;
• Evidence of professional employment;
• Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
• Proof of ability to meet applicable license requirements;
• Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;
• Fee of U.S. $56.

Requirements for Mexican Citizens
As of January 1, 2004, the procedures were simplified for Mexicans by removing the requirement for petition approval and for filing of a labor condition application. Mexicans are no longer subject to numerical limitation for these professionals. Mexican citizens still require a visa to request admission to the United States.

Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. Interviews are generally by appointment only. As part of the visa interview, an ink-free, digital fingerprint scan can generally be expected. The waiting time for an interview appointment for most applicants is a few weeks or less, but for some embassy consular sections it can be considerably longer.
Each Mexican applicant for a TN visa must submit these forms and documentation, and submit fees as explained below:
• An application, Nonimmigrant Visa Application, Form DS-156, completed and signed.
• Supplemental Nonimmigrant Visa Application, Form DS-157. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. For this purpose nationals of the following countries designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, and Iran must submit the supplemental form.
• A passport valid for travel to the United States with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
• One (1) 2x2 photograph. A photograph is not required if you are applying in Mexico.
• Letter of employment in the United States.