U.S. Department of State
Bureau of Consular Affairs
HR

TN VISAS: Professionals Under NAFTA

Who qualifies for a "TN" visa?

The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the alien possesses the specific criteria for that profession, 3) the prospective position requires someone in that professional capacity and 4) the alien is going to work for a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States but are permitted to attend school. Aliens entering under this classification are considered non-immigrants.

Canadian NAFTA Professional Health Care Worker Important Notice:

The credential certification requirement for all Mexican and Canadian healthcare workers (other than physicians) was effective on July 26, 2005. All healthcare workers such as registered nurses, physical therapists, occupational therapists and medical technologists working under NAFTA trade status in the U.S. must have credential certification (CGFNS Visa Screening) See CGFNS page for information on how to apply for this!

How can a "TN" visa be obtained?

The requirements for Canadians:

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. An original copy of a state nursing license issued by the same state as the potential employer.

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

5. A fee of U.S. $56.00.

6) A visa screen certificate from CGFNS. These are valid for 5 years only, although they can be renewed.

Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary.

How can an application for extension of temporary stay be made?

Applications for extension of stay are processed by the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS). Canadian citizens have two options. First , they may have their employer file an I-129 form at the closest regional BCIS office. This option does not require leaving the U.S. Second, Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application.

NAFTA Professional Job Series List

   
PROFESSION MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS
Accountant Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A.
Architect Baccalaureate or Licenciatura Degree; or state/provincial license
Computer Systems Analyst Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years experience
Disaster Relief Insurance Claims Adjuster (Claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
Economist Baccalaureate or Licenciatura Degree
Engineer Baccalaureate or Licenciatura Degree; or state/provincial license
Forester Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years experience
Hotel Manager Baccalaureate or Licenciatura Degree in hotel/restaurant management; or post-secondary diploma or post-secondary certificate in hotel/restaurant management and three years experience in hotel/restaurant management
Industrial Designer Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience
Interior Designer Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience
Land Surveyor Baccalaureate or Licenciatura Degree or state/provincial/federal license
Landscape Architect Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the province of Quebec) L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar
Librarian M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura degree was prerequisite)
Management Consultant Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant , or five years experience in a field of specialty related to the consulting agreement
Mathematician (including statistician) Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationist Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution) Baccalaureate or Licenciatura Degree
Scientific Technician/ Technologist Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker Baccalaureate or Licenciatura Degree
Sylviculturist (including forestry) Baccalaureate or Licenciatura Degree
   
Technical Publications Writer Baccalaureate or Licenciatura Degree, or post-secondary diploma or post-secondary certificate, and three years experience
Urban Planner (including Geographer) Baccalaureate or Licenciatura Degree
Vocational Counselor Baccalaureate or Licenciatura Degree

MEDICAL/ALLIED PROFESSIONALS
Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license
Dietitian Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) Baccalaureate or Licenciatura Degree; or post secondary diploma or post secondary certificate, and three years experience
Nutritionist Baccalaureate or Licenciatura Degree
Occupational Therapist Baccalaureate or Licenciatura Degree; or state provincial license
Pharmacist Baccalaureate or Licenciatura Degree; or state provincial license
Physician (teaching or research only) M.D., Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist State/provincial license; or Licenciatura degree
Recreational Therapist Baccalaureate or Licenciatura Degree
Registered Nurse State/provincial license or Licenciatura degree
Veterinarian D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license
SCIENTIST
Agricultural (Agronomist) Baccalaureate or Licenciatura Degree
Animal Breeder Baccalaureate or Licenciatura Degree
Animal Scientist Baccalaureate or Licenciatura Degree
Apiculturist Baccalaureate or Licenciatura Degree
Astronomer Baccalaureate or Licenciatura Degree
Biochemist Baccalaureate or Licenciatura Degree
Chemist Baccalaureate or Licenciatura Degree
Dairy Scientist Baccalaureate or Licenciatura Degree
Entomologist Baccalaureate or Licenciatura Degree
Epidemiologist Baccalaureate or Licenciatura Degree
Geneticist Baccalaureate or Licenciatura Degree
Geochemist Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States) Baccalaureate or Licenciatura Degree
Horticulturist Baccalaureate or Licenciatura Degree
Meteorologist Baccalaureate or Licenciatura Degree
Pharmacologist Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada) Baccalaureate or Licenciatura Degree
Plant Breeder Baccalaureate or Licenciatura Degree
Poultry Scientist Baccalaureate or Licenciatura Degree
Soil Scientist Baccalaureate or Licenciatura Degree
Zoologist Baccalaureate or Licenciatura Degree
TEACHER  
College Baccalaureate or Licenciatura Degree
Seminary Baccalaureate or Licenciatura Degree
University Baccalaureate or Licenciatura Degree

More Information on Letters of employment


Letters of employment need to have specific dates on them, with the start date and an anticipated length of stay. It is recommended that they ask for a year.

This is what Immigration want to see on the letter

1. The Profession which the applicant is coming to fill.
2. A Description of the professional activities and/or duties which the applicant will perform
3. The specific area you will be working in ie: Emergency room
4. The anticipated period of stay (*1 year temporary position)
5. The salary which the applicant will be paid during the course of their employment and
6. Any benefits the applicant will receive in addition to salary, i.e., vacation and sick time, retirement benefits, Healthcare benefits,  etc.

Here's a Sample letter that has all the information that US Immigration wants in it: (Note: it is required to be on Corporate letterhead)! 

to Bureau of Citizenship and Immigration Services,
Port of Entry (ie Detroit)

Dear Sirs

This is to verify that Peter Mentz, a Registered Nurse in the state of Florida is to be employed by

Critical Care Plus
5455 AnyStreet. Ste. 196
Boca Raton, FL. 33487

Mr Mentz will reside in the state of Florida where he will be assigned to work in the ER, (Emergency Room), at Gulf Coast Medical Center, Panama City Florida, effective June 25th, 2003. It is our intention to retain Mr. Mentz's services for a temporary term of up to one year from date of hire. His assignment at Gulf Coast is for a minimum of 13 weeks, with an option to extend. If he opts not to extend at this facility he will be assigned to work in one of the many hospitals that Critical Care Plus staffs in Florida. Mr. Mentz's nursing specialty provides Emergency Care that consists of performing patient care duties and taking care of acutely ill patients. He is guaranteed a work week of minimum of 36 hours per week at a rate of $30 per hour.  He will be provided with furnished utilities paid housing and medical benefits while on assignment with us as well as travel expenses to and from this assignment.

Critical Care Plus conducts thorough reference checks, background checks and random drug screening on all employees. Mr Mentz meets or exceeds all of our standards and qualifications. If you have any questions concerning Mr. Mentz's employment with Critical Care Plus please contact us immediately. The undersigned can be reached at 1-800-999-1212 at any time.

Sincerely,

 

James Doe
Director of Recruitment

Border presentation

  1. Have available the following when you present yourself to the border agents:
    • the Original and a copy of your CGFNS Visa Screen document
    • Letter of offer of employment from your company or hospital
    • Proof of Canadian Citizenship, Birth Certificate, Passport, etc.
    • Diploma from Provincial Nursing Program
    • Provincial Nursing License
    • Nursing License for State of Employment
    • Proof of Marriage if applicable
    • Spouse and Childrens proof of citizenship if applicable
    • Name, address and phone number of Hospital and contact person.
    • Name, address and phone number of Travel company and contact person.
    • Address and phone number of your housing while on assignment.
    • Proof of Marriage if applicable
    • Fee (and that of spouse if Applicable)
    • *Like a Good Boy Scout... Always be prepared!
  2. Present yourself, the documents above, and the fee to a USA Canadian border.
  3. Fill out the application using the information from above.
  4. A NAFTA officer will process your application and you'll be on your way.

Useful Immigration Information website links:

NAFTA
USA Immigration Services
US State Department
US visa.com
Nafta Visa
Immigration issues for Nurses
About Greencards and Visa's
list of Visa's for Canadians
Obtaining TN status
Getting your work Visa
International Nurses Alliance Info
Foreignborn.com

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