NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional. How Can Professionals from Mexico and Canada Work in the United States? Professionals of Canada or Mexico may work in the U.S. under the following conditions:
The requirements for applying for citizens of Canada and Mexico, shown below, are different. 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. A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:
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 – Employment Letter The employer in the U.S. must provide to the applicant a Letter of Employment in the United States. The letter must indicate that the position in question in the US requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1. The applicant must present evidence of professional employment to satisfy the Consular Officer of your plans to be employed in prearranged business activities for a U.S. employer(s) or entity(ies) at a professional level. Part-time employment is permitted. Self-employment is not permitted. An employment letter or contract providing a detailed description of the business activities may be provided from the U.S. or foreign employer, and should state the following:
Mexican Citizens - Applying for a TN Visa - Required Documentation 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. As part of the visa interview, a quick, two-digit, ink-free 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:
What are the Required Fees? Nonimmigrant visa application processing fee - Each applicant for a visitor visa must pay a nonrefundable US $100 nonimmigrant visa application processing fee. Visa issuance fee – Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality. Additional Documentation or Qualifying Requirements Additionally, applicants must demonstrate that they are properly classifiable as NAFTA Professional for TN visa, under U.S. law by:
Is Licensure Required? Requirements for NAFTA professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority. Spouses and Children Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. They are permitted to study. Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:
Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate. If the spouse and children are not Canadian citizens , they must get a TD nonimmigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications. Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status How Long Can I Stay ? The maximum period of admission into the U.S is one year. The US Citizenship and Immigration Services (USCIS) grants extensions of stay in time amounts of one year. There is no limit on the number of years a TN visa holder can stay in the United States. However, the TN visa status is not for permanent residence. Extension of Stay For Canadian or Mexican citizens admitted as a NAFTA Professional may seek an extension of stay which may be granted up to one year, by: If the applicant is in the U.S., employer may file Form I-129 Petition for Non-immigrant Worker with the US Citizenship and Immigration Services’ (USCIS) Nebraska Service Center.; or |
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