TN Status Under the North American Free Trade Agreement

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A special category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement. The resulting visa status is known as TN.

Background
The North American Free Trade Agreement is an international agreement signed by the United States, Canada, and Mexico which formally established the largest trilateral free relationship in the world. The objectives of the agreement was to eliminate barriers to trade in goods and services among the countries, promote the conditions of fair competition within the free trade area, increase investment opportunities within the FTA, effectively protect and enforce intellectual property rights, and create a framework for further cooperation to enhance the benefits of the agreement.

It was recognized that to achieve its objectives, individuals from each of the member nations needed to be given greater access to the other NAFTA partner countries in order to engage in the business, trade, and investment activities. Additionally, individuals providing professional services and expertise also needed access. A reciprocal agreement was developed to facilitate this interaction. The result were the immigration provisions developed under NAFTA.

 

Categories of Admission under NAFTA

There are four main categories of individuals who are admitted to the NAFTA partner nations under this agreement:

Business visitors: defined as persons entering for certain business purposes, such as persons engaged in international business activities related to research and design, growth, manufacture and production, marketing, sales, distribution, after-sales service, and other general services reflecting the activities in a complete business cycle, and receiving no remuneration from a United States source.

These individuals may be admitted for a short period of time providing that the person maintains a residence abroad, and the person's principal place of business and remuneration are outside the United States

Treaty Traders and Investors: Treaty Traders under NAFTA: A person coming to carry on substantial trade involving the flow of goods or services principally between the United States and Canada or between the United States and Mexico. Over 50% of the international trade must be conducted between the United States and the treaty country. The Treaty Trader must be a citizen of Canada or Mexico. An employee of a trader may also qualify as a treaty trader if he or she is entering the United States in an executive or supervisory capacity; or, if employed in a lesser capacity, the employee must have skills which are essential to the efficient operation of the business. Issuance of a nonimmigrant visa is required prior to entry of both Canadians and Mexicans in this classification. For more information see the section on E-2 Treaty Traders.

Treaty Investor under NAFTA: A citizen of either Canada or Mexico who is coming to the United States to develop and direct a bona fide enterprise in which they have made a substantial investment of capital and, thereby, own at least 50% or maintain a controlling interest. The employee of a treaty investor who will be employed in an executive or supervisory capacity, or who has skills which are essential to the operation of the business, may also be classified as a treaty investor. Issuance of a nonimmigrant visa is required prior to entry of both Canadians and Mexicans in this classification. For more information, see the section on E-1 Treaty Investors.

Requirements and Procedures
There are somewhat different provisions for Canadian non-immigrants seeking to enter the United States under the professional category of NAFTA compared to those for Mexican non-immigrants seeking to enter the U.S. under the treaty. Some similarities do, however, exist. These include:

• Evidence that the individual qualifies for admission as a profession in one of the occupations listed in Appendix 1603.D.1
• the requirement that the applicant establish a bona fide non-immigrant intent including a residence abroad;
• the need for a U.S. employer to prepare an application packet including a letter of offer (indicating nature and duration of employment and remuneration offered);
• evidence that the professional meets the minimum education, experience, and licensure requirements;
• Citizenship evidence
• the initial validity of the TN status is for one year with extensions allowed;
• and no statutory limitations on stay.

Here the similarity ends.

Canadians entering the United States in TN-1 status may be admitted in one year increments. An indefinite number of extensions may be granted providing the Canadian professional continues to have a residence abroad they have no intention of abandoning, continues to practice the profession for which they were admitted, and otherwise has complied with the terms and conditions of their status.

First time applicants for TN status must appear in person at a U.S. Port of Entry for full inspection and admittance by the U.S. Immigration and Naturalization Service. Extensions of stay may be filed either at the border when crossing, or at the INS Service Center in Lincoln, Nebraska.

Mexicans who seek to enter the United States as TN-2 non-immigrants must first have their U.S. employer complete a Labor Condition Application and an I-129 application. The I-129 petition must be filed and approved by the U.S. Immigration and Naturalization Service in Lincoln, Nebraska, and Mexican professionals must obtain a visa from the U.S Embassy or Consulate abroad (in Mexico) before entry is allowed. Furthermore, extensions must also be filed through the INS Service Center in Lincoln.

Despite these limitations the TN visa has distinct advantages for employers seeking to bring to the United States professionals to provide needed services qualifying under the terms of the North American Free Trade Agreement.

The current listing of professional occupations in Appendix 1603.D.1 of NAFTA.

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