TN NAFTA Professionals
TN: Temporary Visas for Canadian and Mexican Citizens
The purpose of TN status is to allow Canadian and Mexican citizens to enter the U.S. on a temporary basis to work in certain professional-level jobs under the U.S. Mexico Canada Agreement (USMCA), which replaced the North American Free Trade Agreement (NAFTA) in 2018. HSC only files petitions for TN status for full-time academic personnel positions that fit into one of the professions on this list ( see below).
Although the regulations do not limit the number of years you may remain in the U.S., TN is a nonimmigrant status that requires you to demonstrate permanent ties to your home country and the intent to return to it at the end of your TN employment. You may be asked to provide supporting evidence of those ties when applying for TN admission or for a TN visa at the consulate.
Ending TN Employment
Because the TN is an “employment-based visa,” your lawful status in the U.S. ends when your paid employment ends. If your paid employment ends before your I-797 Approval Notice or I-94 Record expires, you may be eligible for a discretionary grace period of up to 60 days. That grace period could allow you to change status or move to another employer. You should consult with a private immigration attorney for more information.
If paid employment and the I-797 Approval Notice end at the same time, check the expiration date on your paper I-94 card as it may indicate an additional 10-day “grace period” for departure.
List of Professions for NAFTA TN Visas
Pursuant to the NAFTA excerpt below, an applicant seeking admission as a TN (Treaty Nafta) professional, must demonstrate their ability to perform one of the enumerated professions at a professional level within the U.S. A TN status will be good for up to three years. TN applications can be filed at the border on entry to the country, and thus are a fast and flexible means of hiring qualified talent.
The professions in Appendix 1603.D.1 and the minimum requirements for qualification for each are as follows:[i]
Appendix 1603.D.1 (Annotated)
- 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.[ii]
- Computer Systems Analyst–Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma[iii] or Post Secondary Certificate [iv] 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 or Post-Secondary Certificate 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 a 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[v]–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 Specialist)–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)[vi]–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
- Agriculturist (including 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.
- Biologist–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.
- Geologist–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.
** This memo is provided for informational and discussion purposes only. It does not act as a substitute for direct legal contact on an individual basis **
[i] A business person seeking temporary employment under this Appendix may also perform training functions relating to the profession, including conducting seminars.
[ii] The terms “state/provincial” and “state/provincial/federal license” mean any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.
[iii] “Post Secondary Diploma” means a credential issued, on completion of two or more years of post-secondary education, by an accredited academic institution in Canada or the United States.
[iv] “Post Secondary Certificate” means a certificate issued, on completion of two or more years of post-secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or academic institution created by federal or state law.
[v] A business person in this category must be seeking temporary entry for work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.
[vi] A business person in this category must be seeking temporary entry to perform laboratory chemical, biological, hematological, immunologic, microscopic, or bacteriological tests and analyses for diagnosis, treatment, or prevention of diseases.
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