NAFTA ( TN)
The North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the U.S., Canada and Mexico. The TN nonimmigrant status allows professionals from Canada and Mexico to work in the U.S. Mexican professionals must obtain a TN visa at a U.S. Consulate or Embassy to enter the U.S.
Form I-9
When completing Section 1 of Form I-9, Employment Eligibility Verification, an employee in TN status should select “An alien authorized to work” and enter the admission number and expiration date of their status as indicated on Form I-94/Form I-94A, Arrival/Departure Record.
What form do I need to apply for TN?
In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
How to qualify for TN classification?
You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:
Can I file for TN on behalf of Canadian citizen?
Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS. Premium Processing Service is available.
Can dependents of TN be TD?
Dependents of TN Nonimmigrants. Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD non immigrant status. Spouses and children are: Not permitted to work while in the United States, but they are permitted to study.
Can I apply for a TN visa as a nonimmigrant?
If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:
What is TN Visa?
The TN Visa is a U.S non-immigrant visa, so those who get it have to return to their home countries upon its expiration. It allows only citizens of Canada and Mexico, not permanent residents to work in the U.S if they find a job beforehand. The agreement specifies the types of TN visa jobs and occupations that visa holders are allowed to engage in. There are around 63 occupations for which Canadians and Mexicans qualify to work on. These include lawyers, scientists, engineers, teachers, etc. To check whether you qualify in any of the professions, visit the NAFTA website.
How long is a TN visa valid?
After you get the TN visa, it is first valid for 3 years Afterwards, there is a possibility to extend it for an additional 3 years indefinitely. This means, that as long as you are employed in the U.S and can prove ties to your home country in either Canada or Mexico, you are allowed to remain in the U.S on a TN visa.
What are the requirements for a TN visa?
The general requirements for people to qualify for the TN visa are: Applicants must be citizens of Canada or Mexico. Their occupation must be on the NAFTA list. They must have a full time or part time job offer from an employer in the U.S.
How many types of TN visas are there?
There are two types of TN visa based on nationality:
What is temporary entry in NAFTA?
Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The alien must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien’s entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.
Is there a cap on TN visa?
And third, there are no caps to the TN visa. Whereas the H-1B visa has a cap of 65,000 people who are allowed to go to the U.S with that visa, the TN visa does not have a limit. This means that any citizen of Canada or Mexico who fulfills the requirements can get the TN visa.
Is a TN visa the same as an H-1B visa?
The TN Visa USA is quite similar to the H-1B visa; however, there are a few differences. First, the TN does not require employers to have a Labor Condition Application (LCA) from the Department of Labor. This means that there are no specific conditions on the work environment or requirements for a prevailing wage which the U.S sets. This is up to the agreement of the employer and employee.
How to get a TN visa?
The easiest way to get a TN Visa to work in the U.S. is to find a job that’s NAFTA-approved with a fixed term of 3 years or less. Ensure that you have the necessary education and experience, and that you can prove it with documentation. Bring all required documents, including your offer letter and passport, with you to the port of entry. To learn about specific procedures for Canadian or Mexican citizens, read on...
How to apply for a TN visa?
To apply for a TN visa, you must have an offer letter which includes a start date and end date such that the period of employment or contract is for 3 years or less.
How to get a TN visa for Mexico?
1. Make an appointment with a US Consulate or Embassy. Mexican citizens must have a TN visa to enter the US and therefore, must apply at a US Consulate or Embassy abroad. It is recommended that Mexican citizens apply in Mexico since officers in those consulates are more aware of the TN visa regulations and procedures.
How much does a TN visa cost?
Have US dollars available to pay for your TN visa which is U$50 for the application and U$6 for the I-94 issued (beginning in 2014, your TN visa is approved and recorded online by the US Customs officer you will be dealing with. In the past, you would have been issued an I-94 stub piece of paper. Now, you will be given documents on how to retrieve your online I-94 information which you can use for personal reference that your TN visa was approved). You will pay an additional U$6 for each dependent of yours.
How long can a TN visa be renewed?
Although a TN visa holder status has a maximum period of 3 years, it may be renewed indefinitely.
Can a Canadian citizen withdraw an immigration application?
Therefore, in this situation, the applicant should ask to withdraw the application, although there is no statutory right to do so.
Do you have to be a Mexican citizen to get a TD?
TD applicants do not have to be Canadian or Mexican citizens. However, although Canadian citizens are visa exempt, TD applicants who are not Canadian citizens will be required to obtain a visa stamp in their passports.
What is a TN visa?
The visa category "Professionals Under the North American Free Trade Agreement" (NAFTA), also known as a TN (Tre aty NAFTA) visa, is available only to citizens of Canada and Mexico, under the terms of the NAFTA. Starting in 1989 and continuing through 1993, qualifying individuals practicing one of the professions identified in the Canada–United States Free Trade Agreement (CUSFTA) were able to obtain TC status for legal work in the United States and Canada, creating freedom of labor movement. In 1994, TN status became effective through the North American Free Trade Agreement (NAFTA), which superseded CUSFTA.
How to renew TN status?
Renewal/extension of TN status can be done either by mail (which requires filing of form I-129 "Petition for a Nonimmigrant Worker" by the employer, along with proof of the TN holder's citizenship and education, and an extension letter similar to the original offer letter) or by duplication of the original process (for Mexican citizens, a trip to a US consulate; for Canadians leaving and re-entering U.S., document requirements are similar to those for obtaining the original TN).
How many TD visas were issued in 2009?
The US consulates report 3,000 to 4,000 TD visas issued in each US fiscal year from 2007 to 2009; this includes visas issued both to family members of Mexican TN-2 visa holders and to non-Canadian family members of Canadian TN-1 entrants.
What form do I need to apply for TN?
In addition, when applying for admission, the applicant should have in their possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, in order to respond to any questions about eligibility. The applicant should also be prepared to pay any applicable inspection fees at the time that he or she seeks admission. If a CBP officer finds the applicant to be eligible for admission, the person will be admitted as a TN non-immigrant.
What are TN workers responsible for?
Canadian TN status workers are responsible for US Medicare, State, Federal and Social Security taxes in the US. US TN status workers in Canada are also subject to corresponding income tax liabilities and end-of-year filing of tax returns in Canada. In general, there will be income tax liabilities in accordance to where the employee works regardless of where legal or physical residence is maintained during employment. This is much like US citizens who live in one state but work in another who are then subject to state income and other taxes in the state in which they work. If their legal residence is still in their home country, workers may also be required to file a return in their home country. Based on income tax treaties, credit is normally available in the home country for income and other payroll taxes paid in the foreign country. Bilateral treaties exist to allow workers to regain benefits. For example, after a minimum of 1.5 years of work in the US, workers become eligible for a pro-rata Social Security benefit under what is known in the US as a Totalization agreement. After more than 10 years of work in the US, the regular Social Security benefit calculation minus the Windfall Elimination Provision will be applied. Therefore, the worker may receive 3 cheques, one each from the Canada Pension Plan, Old Age Security and US Social Security.
How long is TN unemployment good for?
Once TN status is granted, it is valid for up to three years, but only for the specific employer for which it was originally requested. Changing employers will require to start from scratch with a new application. If employment with a single employer is desired for more than three years, it may be renewed indefinitely.
Can Mexicans get a TN visa?
A Mexican citizen must first obtain a U.S. TN-2 visa at an American consulate (generally in Mexico). Once the TN visa stamp is in the Mexican citizen's passport, they may enter the U.S. with TN status in a similar manner to a Canadian citizen. In fiscal years 2007 through 2009, between 4,000 and 5,000 TN visas (including TN-2 visas for Mexicans) were issued by U.S. consulates each year.
How to apply for a new TN visa?
a. Depart the U.S. and apply for a new TN visa at a U.S. Consulate by submitting the letter from the new prospective U.S.-based employer and the same supporting evidence required for the initial visa; or
What does it mean to change employer on TN visa?
Changes in employment, which can include a TN visa change employer, requires notifying immigration to ensure that the foreign national maintains valid nonimmigrant status.
Can I file Form I-129 for TN?
Consulate for Mexicans, the employer should consider filing Form I-129 to obtain an approval from USCIS. The Beneficiary can then present the USCIS Approval Notice to CBP or the U.S. Consulate to obtain entry or the visa, respectively.
Can a TN visaholder change their employer?
TN visa holders have multiple ways to seek a change of employer. Furthermore, there are distinct differences in the way Canadian and Mexican citizens can change their employers, often adding to the confusion of how to navigate the process.
Can you work for an employer on a TN visa?
TN status is employer-specific, meaning NAFTA TN visa holders can work only for the U.S. employer listed on the TN application. Working for an employer different from the one listed in the TN application is a violation of U.S. immigration laws.
How long is a TN valid for?
TN is valid for up to 3 years at a time but is renewable indefinitely as long as the individual does not show immigrant intent
What is TN status?
TN status allows Canadian and Mexican citizens to come to the United States to work in certain specialty occupations. But as an employer, the process can be daunting. Who is eligible, where do you submit your application, and how much does it cost? Read on for the answers to these questions and more.
What form do I need to file for nonimmigrant status?
When submitting the application to U.S. Citizenship and Immigration Services (USCIS), the employer also needs to submit Form I-129 (“Petition for a Nonimmigrant Worker”). This is the only case where the employer needs to submit the complete application.
What do employers need to provide for the TN application?
What application materials do employers need to provide for the TN application? In the most basic cases, the employer only needs to provide a letter of support for the employee indicating the job opportunity, the NAFTA profession, dates of employment, compensation, and other basic information.
How is TN different from traditional sponsorship?
Hiring an employee on TN is different from traditional sponsorship because it requires minimal work for the employer and there are no further obligations for the employer once TN status is granted, besides remaining compliant
Can a strong TN be rejected?
Strong TN applications are rarely rejected outright. At CBP, unsuccessful TN applications are provided the opportunity to “withdraw,” especially in circumstances where the Canadian employee applies at a pre-clearance facility and is able to stay in Canada. USCIS may often ask for a Request For Evidence (RFE) for applications that are initially not approved
When did Biden suspend the entry of non-immigrants to India?
On April 30, 2021, President Biden signed a Proclamation suspending the entry of certain nonimmigrant travelers who have been physically present in India, which went into effect on Tuesday, May 4. Immigrants, U.S. citizens, and lawful permanent residents (LPRs) are not subject to the proclamation.
When did the travel ban end in 2021?
Presidential Proclamation 10294 of October 25, 2021, Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, effective November 8, 2021, revoked the four prior geographic travel ban restrictions that limited entry from 33 specific countries, and replaced them with a global requirement that "noncitizens who are nonimmigrants" traveling to the United States by air from any part of the world establish that they are fully vaccinated, with some limited exceptions.
Which country restricts entry into the United States?
China. Restricts the "entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States," unless exempted or otherwise excepted.
