TN Canadian and Mexican Professionals under NAFTA

With the passage of the North American Free Trade Agreement (NAFTA), a new TN nonimmigrant visa classification was created to strengthen the special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits employers to sponsor qualified professional Canadian and Mexican citizens for employment in the U.S.

Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. TN status is granted in increments of three years although it is important to keep in mind that TN visa classification holders are not permitted to have dual intent.

Canadian citizens may apply for TN visa classification at a U.S. port of entry whereas Mexican nationals are required to apply for a TN visa at a US Consulate in Mexico. If the foreign national is presently working in the U.S. in TN or another work visa status, it is also possible to file a petition with the USCIS in lieu of the foreign national applying at a port of entry or US Consulate. The attorneys at Landau, Hess, Simon & Choi can assist in assessing the eligibility of a potential foreign national employee for this particular visa classification.

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