The United States has special trade and economic relationships with Canada and Mexico under the North American Free Trade Agreement, commonly known as NAFTA. Under NAFTA, certain citizens of Mexico and Canada can qualify for a TN nonimmigrant visa to temporarily engage in professional business in the U.S. Permanent residents from either country will not qualify for this particular status.
Employers seeking to hire foreign professionals from other North American countries should discuss the requirements and procedures with a TN visa lawyer beforehand. Contact the law firm of Farmer, Farmer & Brown Law Firm, P.L.L.C. in Iowa for more information.
There are different types of professionals that can qualify for TN nonimmigrant classification to work in the United States, including but not limited to the following:
Additional requirements exist, including:
NAFTA regulations will govern the type of evidence needed to prove that a particular candidate is a qualified professional and eligible for TN nonimmigrant status.
There are different procedures for Canadian citizens and Mexican citizens to obtain TN classification. It is important to consult with an immigration attorney who is familiar with this process to ensure that all requirements are met.
Initially, a Canadian or Mexican citizen can qualify for a TN visa for up to three years. It is then possible to seek an extension if the professional wishes to remain and work in the United States for a longer period of time. The employer must file for the extension on the professional’s behalf. If someone departs from the U.S. before their TN status initially expires, they may apply for re-entry with the Customs and Border Protection (CBP) at the port of entry using the same procedures for the initial application for TN status.
It is to be expected that professionals coming to the United States for several years from Canada or Mexico would want their family members to join them. Spouses and children who are younger than age 21 are able to apply for TD nonimmigrant status to accompany a TN NAFTA professional. Family members may participate in educational programs in the U.S., but they may not work themselves. Their TD status only lasts as long as their family member’s TN status does.
If you are a United States company that wants to sponsor a Canadian or Mexican professional for TN status, you should set up a consultation with an experienced immigration lawyer who handles TN visas cases. If you would like to discuss how our legal team can assist you, call Farmer, Farmer & Brown Law Firm, P.L.L.C. at (512) 894-2128 or contact us online today.
Take some time to explain the nature of your needs and we will do our best to reach out to you and collect more information on your legal circumstances. Our team is ready to help you in the best way possible.