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Professionals are admissible under NAFTA in the TN nonimmigrant category. Professionals entering in the TN category can work for a U.S. employer in two different situations:

• Qualifying professionals who are employees of U.S. companies can work for those companies on a temporary basis and be paid by them in an identical manner to H-1B professionals.
• Qualifying professionals who are employees of Canadian and Mexican companies can work for those companies in the United States working on projects contracted with a number of U.S. companies. In this situation, the employee needs to obtain documentation only from the Canadian or Mexican employer and not from each U.S. company.

Basic Information About the TN Category

Key Requirements

To qualify for TN status, the intended U.S. activity must be in a profession listed on Schedule 2, and the alien must possess the necessary credentials to be considered a professional in one of the Schedule 2 fields. Merely citing the Schedule 2 profession is insufficient; the alien must actually perform professional-level activities in the United States. With regard to the alien's qualifications, a bachelor's or higher degree is usually required, 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; aliens in this situation must apply for H-1 status.

However, the requirements for Canadians and Mexicans wishing to enter under this classification are not the same. 

Citizens of Canada Must Provide the Following at the Port of Entry:

1. A request for "TN" status;

2. A copy of the applicant's college degree and employment records which establish qualification for the prospective job;

3. A letter from the alien's prospective U.S.-based employer offering him or her a job in the United States, which is included on the professional job series (NAFTA professions list)

Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the Immigration and Naturalization Service (INS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary.

The Requirements for Citizens of Mexico are as Follows:

1. First, the prospective employer must file a labor condition application;

2. Then, the applicant's prospective employer must file an I-129 "Petition For Non-Immigrant Workers" with the Immigration and Naturalization Service (INS); and

3. After the petition has been approved, the alien must apply for a non-immigrant visa at a U.S. Embassy or Consulate in Mexico.

Duration of Stay

An alien may be admitted to the United States in TN status for the period of time required by the employer, up to a maximum initial period of stay of one year. TN professionals can receive extensions of stay in one-year increments, with no outside limit on the total period of stay.

Limits on Stay

The limits on stay for H-1B (six years) and L nonimmigrant (five or seven years) do not apply to TN aliens. In addition, Canadian and Mexican professionals who have already completed six years in the H-1 or L nonimmigrant category can immediately qualify for the TN category without fulfilling the requirement of one-year-abroad imposed by the INS regulations for H-1 and L aliens. The only limitation on the duration of stay of TN nonimmigrants is that the purpose of the stay must continue to be temporary.

Status of Spouse and Minor Children

Dependent spouse and minor children of beneficiary may enter the U.S. They may not work, but may attend school.

Procedures for the TN Category

As under the FTA, Canadian professionals may enter the United States under NAFTA without the requirement of an INS petition approval required in the H-1 category; these professionals can enter the United States simply by providing documentation at the port of entry that they are engaged in one of the designated professions, and that they possess the requisite educational credentials to qualify in the listed profession. Canadian professionals are designated as TN-1 nonimmigrants as distinguished from the TC classification under the FTA.

On the other hand, Mexican nationals seeking TN status must comply with a procedure that is identical to that for H-1B classification for nationals of other countries. Their employer must file a petition for TN status with the INS, and the petition must be supported by the same labor condition application (LCA) required for any H-1B alien. Furthermore, once the petition is approved, the Mexican TN must obtain a visa from a U.S. consulate prior to admission to the United States.

Special Conditions

Nonimmigrant intent and permanent residence papers. Final TN rules issued by the INS and State Department clarify that TN classification may be conferred only to persons seeking temporary entry without the intent to establish permanent residence. In so doing, the agencies declined to apply the concept of "dual intent" to the TN classification.

Following is the NAFTA Professions List; minimum qualifications are a baccalaureate or licensure in area as profession unless otherwise noted.

• Accountant (or C.P.A., C.A., C.G.A., or C.M.A.)
• Agriculturalist/Agronomist
• Animal Breeder
• Animal Scientist
• Apiculturist
• Architect (or state/provincial license)
• Astronomer
• Biochemist
• Chemist
• Computer Systems Analyst (or post secondary degree or certified and three years)
• Dairy Scientist
• Dentist (D.D.S., D.M.D., Doctor en Odontologia, Doctor en Cirugia Dental, or state license)
• Dietitian ( or state/provincial license)
• Disaster Relief Insurance Claims Adjuster (or three years experience in claims adjustment; either way must also have successful completion of training in the appropriate area of insurance adjustment pertaining to disaster relief claims)
• Economist
• Engineer (or state/provincial license)
• Entomologist
• Epidemiologist
• Forester (or state/provincial license)
• Geneticist
• Geochemist
• Geographer
• Geophysicist
• Graphic Designer (or post secondary diploma and three years experience)
• Hotel Manager (degree must be in hotel/restaurant management; or post secondary diploma or certificate in hotel/restaurant management and three years experience in hotel/restaurant management)
• Horticulturist
• Industrial Designer (or post secondary diploma or certificate and three years experience)
• Interior Designer (or post secondary diploma or certificate and three years experience)
• Land Surveyor (or state/provincial/federal license)
• Landscape Architect
• Lawyer (B.C.L., J.D., L.L.B., L.L.L., or member of a state/provincial bar)
• Librarian (B.L.S., of which another baccalaureate or licenciatura was a prerequisite, or M.L.S.)
• Management Consultant (or five years experience in consulting or in field of specialty related to consulting agreement)
• Mathematician
• Medical Technologist/ Medical Laboratory Technologist (or post secondary diploma or certificate and three years experience)
• Meteorologist
• Nutritionist
• Nurse, Registered (must also have state/provincial license)
• Occupational Therapist (or state/provincial license)
• Oceanographer
• Pharmacist (or state/provincial license)
• Pharmacologist
• Physician [teaching or research only] (M.D., Doctor en Medicina, or state/provincial license)
• Physical Therapist/Physiotherapist (or state/provincial license)
• Physicist
• Plant Breeder
• Poultry Scientist
• Psychologist (must also have state/provincial license)
• Range Manager/Range Conservationist
• Recreational Therapist
• Research Assistant (U.S. job must be in a post secondary educational institution)
• Scientific Technician/Technologist (must work in support of a professional in one of the following areas: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and possess theoretical knowledge of the discipline; and have the ability to solve practical problems in the discipline or apply basic principles of the discipline to basic or applied research)
• Social Worker
• Soil Scientist
• Statistician
• Sylviculturist/Forestry Specialist
• Teacher [U.S. job must be at a college, university, or seminary]
• Technical Publications Writer (or post secondary diploma or certificate and three years experience)
• Urban Planner
• Veterinarian (D.V.M., D.M.V., Doctor en Veterinaria, or state/provincial license)
• Vocational Counselor
• Zoologist