The nonimmigrant NAFTA Professional (TN) visa is for Canadian and Mexican citizens engaged in activities at a professional level in the U.S. The Professional TN is much like the H-1B visa except there is no statutory limitation on the length of stay and it covers a broader range of job categories. However, unlike the H-1B visa, a TN visa is not a "dual intent" visa which means that the visa holder must prove their intent not to immigrate to the U.S.

The following restrictions apply to the TN visa category:

• Applicant must be a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• The Applicant is to work in a prearranged full-time or part-time job, for a U.S. employer; and
• The Applicant has the qualifications required for the profession.

• You may only work under certain types of occupations.
• You may not be self-employed in any occupation while in the U.S.
• Successful applicants must intend to return to Canada or Mexico when their work in the
   U.S. is complete.
• Extensions are available in one-year increments.

Requirements for NAFTA Professionals do not include licensure. Licensure to practice a given profession in the U.S. is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority. However, if readily available, it is always a good idea to submit proof that the applicant possesses the required license or proof of ability to meet applicable license requirement.

In addition, the application requirements are different for citizens of Canada than they are for citizens of Mexico (see below).

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 his/her spouse and children to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

NOTE: Be sure to check the U.S. Consulate website that you will be visiting for their specific procedures regarding visa applications and interviews. They will also list the visa application fees and current forms to submit.

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. 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.

NOTE: Be sure to check the U.S. Consulate website that you will be visiting for their specific procedures regarding visa applications and interviews. They will also list the visa application fees and current forms to submit.

If you or your company, institution, or organization has a current or anticipated immigration matter, and would like to schedule a consultation or receive a fee quotation, please click here or call our office at (602) 678-2970.