TN status - Knowledge (XXG)

565:

allow workers to regain benefits. For example, after a minimum of 1.5 years of work in the U.S., workers become eligible for a pro-rata Social Security benefit under what is known in the U.S. as a totalization agreement. After more than 10 years of work in the U.S., 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 U.S. Social Security.

279:

subsection referred to as 'NAFTA') to engage in business activities at a professional level as provided for in such Annex, may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor, for purposes of this Act, including the issuance of entry documents and the application of subsection (b), such alien shall be treated as if seeking classification, or classifiable, as a nonimmigrant under section 101(a}(15).

545:

and a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status. The individual is legally allowed to remain in the USA to look for another job for 60 days.

38: 396:), and the border official has the discretion to refuse further renewals if she feels the ability for indefinite renewal is being abused. How this happens in practice depends largely on the mood of the individual border official. Some Canadians have successfully renewed TN status for a decade or more; others have found that after 3–4 years a border official may deny renewal. 2273:"Post-Secondary Certificate" means a certificate issued, on completion of two or more years of postsecondary 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 an academic institution created by federal or state law. 363:

Canadian citizens; a new TN visa for Mexican citizens at a U.S. consular post and admission at the border) or via Extension of Stay as part of the new prospective employer's Form I-129 petition on behalf of the prospective employee. If employment with a single employer is desired for more than three years, it may, theoretically, be renewed indefinitely.

529:

Mexico). Once the TN visa foil is affixed to the Mexican citizen's passport, he or she may seek admission into the U.S. in 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.

374:

Renewal is accomplished either by an Extension of Stay mail-in renewal within the United States, requested as part of the employer's Form I-129 petition on behalf of the prospective employee, or by replicating the first-time route (TN status directly at the border for Canadian citizens; a new TN visa

560:

In general, there can 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 U.S. citizens who live in one state but work in another who are then subject to state income and other taxes in

540:

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

404:

The spouse and dependent children under the age of 21 of a TN professional may apply for TD status (TD-1 for the family members of a Canadian citizen worker, or TD-2 for those of a Mexican worker). TD status can't be granted for longer than the period of time granted to the principal TN professional

169:

A Canadian citizen or Mexican national with a job offer from a U.S. employer in certain defined professions and who meets the minimal education requirements for the relevant profession can work in the United States, for up to three years. The classification theoretically may be renewed indefinitely,

1908:

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

627:

Employers do not need to maintain extensive documents and records on TN workers, unlike with H-1B employees. In the case of an investigation or audit by the Immigration Service or Labor Department, the employer must show that the worker is in valid status. An employer must complete the Form I-9 for

437:

Canadians have two alternative procedures to apply for TN status. One is by going directly to a U.S. port of entry or Canadian airport with U.S. preclearance facility, and the other is by the filing of a Form I-129 petition by the employer to the designated processing office prior to their intended

362:

A grant of TN status is typically valid for three years, but only for the specific employer for which it was originally requested. A desired change of employers will require a new authorized period of admission in TN status, whether through the first-time route (TN status directly at the border for

544:

TN holders (and any dependents) are not required to leave the U.S. as soon as the TN status expires or the job is terminated; there is a formal grace period of 10 days at end of authorization to "depart the United States or take other actions to extend, change, or otherwise maintain lawful status"

519:

A non-Canadian citizen domestic partner can apply for a B-2 or B-1/B-2 visa from a U.S. consular post, and if issued, seek admission in B-2 classification for up to one year. The inspecting CBP officer might allow a one year admission, or might instead offer the usual six month admission. While in

408:

TD status does not allow them to work, although they are permitted to attend school. In most states, non-resident tuition rates will apply for post-secondary institutions. If the spouse or child requesting TD status is not a Canadian citizen, he or she will usually still qualify for TD status, but

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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

305:

The section states that "Pursuant to the NAFTA, an applicant seeking admission under this section shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603" and then sets forth the professions agreed upon by the NAFTA member

564:

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

421:

For Canadians, TN status does not involve a visa. Canadian professionals are admitted into the United States in TN-1 status at the border. Canadian citizens are not required to obtain a visa, but instead receive TN status with U.S. Customs and Border Protection (CBP) at their port of entry (most

528:

Unless already physically present in the United States and maintaining lawful status in a different classification (and thus potentially eligible for a "Change of Status" procedure to TN classification), a Mexican citizen must first obtain a U.S. TN-2 visa at an American consulate (typically in

488:

Alternatively, a prospective TN employer can petition USCIS for a foreign national to be either: (a) accorded TN status immediately upon petition approval, by change of status or (b) to be effectively pre-approved as TN-eligible for that specific position, with TN status for the new job to take

185:

officer when seeking a new period of authorized admission into the United States in TN status. For both Mexican nationals and Canadian citizens already present in the United States and maintaining lawful immigration status in a classification other than TN, TN classification can also be granted

479:

The U.S. immigration officer will then adjudicate the application on the spot and grant or deny TN status. If the decision is to grant TN status, the Canadian enters the U.S. and begins TN employment. If the decision is to deny, the immigration officer will often detail the shortcomings in the

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An alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 1603 of the North American Free Trade Agreement (in this

495:

For option (b) above, if USCIS approves Form I-129, the prospective worker may then come seek admission from a CBP officer to the United States as a TN nonimmigrant by providing the following documentation at a U.S. port of entry or at a designated pre-clearance/pre-flight inspection station:

507:

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

2255:"State/provincial license" 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. 1464:

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

181:. In contrast, Canadian citizens, who are generally exempt from the usual requirement of U.S. federal regulations to obtain a U.S. visa in advance of requesting admission to the U.S. (with limited exceptions), generally simply present their relevant paperwork directly to a 228:

The governments of Canada, Mexico, and the United States negotiated a regional free trade agreement, which came to be known as NAFTA, during the 1980s. The leaders of the three nations signed the agreement in their respective capitals on December 17, 1992.

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Canadian TN status workers are responsible for U.S. Medicare, state, federal, and Social Security taxes in the U.S. A Canadian citizen may also be liable for income taxes in Canada, e.g. if considered a factual resident of Canada by maintaining ties.

557:(Likewise, U.S. citizens working and living in Canada under a work permit pursuant to CUSMA (as USMCA is referred to by Canadian authorities) are also subject to corresponding income tax liabilities and end-of-year filing of tax returns in Canada.) 161:

that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the

489:

effect upon the individual next being admitted into the United States at a U.S. port of entry. The procedure for doing this is by submitting Form I-129 petition with a US$ 460 fee to the appropriate (California or Vermont) USCIS service center.

412:

The U.S. consulates reported 3,000 to 4,000 TD visas issued in each U.S. fiscal year from 2007 to 2009; this included visas issued both to family members of Mexican TN-2 visa holders and to non-Canadian family members of Canadian TN-1 entrants.

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NAFTA included an Appendix 1603.D.1 that required each of the member-states to institute laws and regulations for the free temporary movement of certain professionals among the three member-states with special simplified immigration procedures.

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A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment or prevention of

602:

The intention to seek permanent residence may be evidenced by the individual's filing of a Form I-485, or, in certain cases, by the filing of a Form I-140 petition by a U.S. employer or a Form I-130 petition by a spouse who is a

2292:

A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or

170:

although real-world complications may limit the number of times, or overall length of time, a foreign national might successfully be granted an authorized period of admission into the United States in the classification.

1257:

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

433:

Canadian citizenship for TN status purposes may be by descent or grant (naturalization). Those with educational qualifications from sources outside Canada or the U.S. must prove equivalency to the U.S. requirements.

189:

Canada's corresponding NAFTA work permit for U.S. citizens and Mexican nationals is sometimes unofficially also referred to as a TN status or TN visa, although this name is technically only a creation of U.S. law.

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B-2 classification, that domestic partner will not be able to work for a U.S. company in the U.S. or study in the U.S. Study instead could be undertaken by changing classification to one allowing study.

2972: 446:

Applying for this status is a fairly streamlined procedure. The Canadian, arriving at the U.S. port of entry no more than the 10 days before the job start allowed by federal regulations, must:

385:, and with foreign residence abandoned, then they may elect to deny further renewals. The set of occupations permitted to petition for TN status is also quite a bit more limited than for the 328:(CUSFTA) were able to obtain TC status for legal work in the United States and Canada, creating a limited amount of freedom of labor movement. In 1994, TN status became effective through the 492:

For option (a) above, USCIS would send a notice approving the petition, along with a Form I-94 reflecting the change of status (or extension of stay, if the worker is already in TN status).

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The following professions qualify for the TN visa. They are covered by Annex 16-A Appendix 2 of the USMCA (previously appendix 1603.D.1 of the North American Free Trade Agreement), and in

541:

original process (for Mexican citizens, a trip to a U.S. consulate; for Canadians leaving and re-entering U.S., document requirements are similar to those for obtaining the original TN).

3530: 2264:"Post-Secondary Diploma" means a credential issued, on completion of two or more years of postsecondary education, by an accredited academic institution in Canada or the United States. 3019: 508:

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.

3650: 378:

While TN status theoretically may be renewed indefinitely in three-year increments, it is not a permanent visa and if U.S. immigration officials suspect it is being used as a

2973:"Conforming Amendments Related to Temporary Entry of Business Persons Under the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA)" 3500: 480:

application; if these are relatively straightforward to correct, the Canadian will often correct the problem soon thereafter and then return to the border to reapply.

577:. However, TN status may be significantly easier for some Canadians or Mexicans to obtain, as it is not subject to the annual cap that applies to H-1B visa issuance. 595:

any travel outside the United States that may be needed, particularly after the Form I-485 is filed, but potentially even after Form I-140/Form I-130 is filed, and

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Bring the original documentation and provide a copy of the applicant's college degree and employment records which establish qualification for the prospective job;

2447: 241:

NAFTA was implemented in U.S. federal law in 1993 through the North American Free Trade Agreement Implementation Act, H.R. 3450, Pub. L. 103-182, 107 Stat. 2057.

163: 3436: 325: 3677: 4471: 4466: 4461: 2585: 464:

by the employer asserting the bases on which the offer (and the individual's credentials, to the extent relevant) make that person eligible for TN status;

2956: 2569: 638: 302:, title 8, to provide procedures for "Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level". 4456: 422:

commonly it is done upon entry to the United States from Canada, but entry in TN status is permitted at any port of entry, such as an airport with

3640: 3374: 2468: 2681: 588:. Either they should first attempt to switch to the H-1B visa before applying for the green card or they must take into careful consideration: 2469:"24 CFR Sec. 214.6, Citizens of Canada or Mexico seeking temporary entry under NAFTA to engage in business activities at a professional level" 186:

through a "Change of Status" process initiated by a U.S. employer's petition for TN status on behalf of that prospective or current employee.

3206: 2850: 2711: 2222: 585: 382: 3625: 295:

on December 30, 1993, in a regulation entitled "Temporary Entry of Business Persons Under the North American Free Trade Agreement (NAFTA)".

4451: 3189: 3375:"Policy Memorandum: Changes to B-2 Status and Extensions of B-2 Status for Cohabitating Partners and Other Nonimmigrant Household Members" 3247: 3157: 393: 329: 324:

Prior to that, starting in 1989 and continuing through 1993, qualifying individuals practicing one of the professions identified in the

318: 223: 158: 3207:"Table XVI(B) Nonimmigrant Visas Issued by Classification (Including Crewlist Visas and Border Crossing Cards), Fiscal Years 2005–2009" 461: 182: 3670: 2776: 2742: 2423: 423: 121: 2314: 3686: 3508: 475:

Pay a fee of US$ 50 (plus an additional $ 6 at a land or sea crossing; this is included in airline tickets when arriving by air).

3475: 3130: 283:

In 2020, this wording was updated by the United States-Mexico-Canada Agreement Implementation Act to reflect the new agreement.

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The United States has a temporary foreign worker program specifically for Canada and Mexico called the Trade NAFTA (TN) program

263: 3273: 3103: 2601: 2341: 4156: 2792: 2120: 59: 2034:

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years' experience

1516:

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years' experience

1306:

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years' experience

1289:

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years' experience

1209:

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years' experience

888:

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary certificate, and three years' experience

3580: 3663: 350:

The company seeking to pursue TN status with the prospective employee meets qualifications cited under the USMCA treaty;

102: 3630: 3044: 2627: 2380: 974:

claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster

3645: 2319: 299: 209:

for a TN status holder offered a transition to U.S. permanent residence by an employer or U.S. citizen or LPR spouse.

74: 2654: 3182: 2246:

The job must be included in Appendix 1603.D.1 of NAFTA, which provides a list of provisions covered by the Agreement

317:

The visa category "Professionals Under the North American Free Trade Agreement" (NAFTA), also known as a TN (Treaty

2812: 55: 2945: 2928: 2905: 48: 2994:"The migration of high-skilled workers from Canada to the United States: Empirical evidence and economic reasons" 2415: 2227: 608: 202: 81: 3767: 3641:

Bureau of Consular Affairs, U.S. Department of State, Visas for Canadian and Mexican NAFTA Professional Workers

392:

Renewal is possible, in theory, indefinitely, but the TN status is not a substitute for permanent residency (a

321:) visa, is available only to citizens of Canada and Mexico, under the terms of the USMCA (previously NAFTA). 2764: 173:

For Mexican nationals, being granted admission in TN classification generally requires first being issued a

2443: 453:

Present a proof of a job offer from a U.S.-based employer, in the form of an employment letter detailing a

88: 3437:"USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs | USCIS" 1589: 2734: 1458: 1416:

LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar

584:. Therefore, Canadians or Mexicans on TN status must be careful if they desire to ultimately pursue the 438:

trip into the United States ; Canadians already in the U.S. could do the same, without having to leave.

3635: 366:

Prior to October 16, 2008, the initial period of stay for a TN status holder was up to one year only.

353:

The prospective employee has been issued a formal, written full-time or part-time offer of employment.

70: 3350:"9 FAM 402.2 (U) TOURISTS AND BUSINESS VISITORS AND MEXICAN BORDER CROSSING CARDS – B VISAS AND BCCS" 3070: 1826: 1510: 964: 612: 460:

If the job offer documentation does not contain sufficient detail, present a letter addressed to the

3403: 2678: 2315:"eCFR : : 8 CFR 214.1 -- Requirements for admission, extension, and maintenance of status" 3461: 3217: 1376: 532:

Prior to 2004, Mexicans were subject to an annual quota and to procedures similar to an H-1B visa.

2858: 4146: 4141: 4136: 4131: 4126: 4121: 2494: 1860: 1715: 271: 267: 178: 3349: 2728: 3952: 3780: 2825: 2796: 936:

D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license

4270: 4098: 4093: 4077: 4030: 4025: 4020: 2772: 2768: 2758: 2738: 2707: 2544: 2419: 1283: 2409: 1433:

M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)

2977: 2939: 2922: 2703: 2697: 2028: 1843: 1404: 1203: 718: 516:

A TN visa holder may be able to bring their unmarried domestic partner to live with them.

2685: 2661: 2655:"How is Canada Faring in the Competition for Internationally Mobile High-Skilled Workers?" 1300: 882: 3597: 1937: 1732: 1637: 1234: 1060: 735: 616: 95: 2880: 4445: 2666:

Employers of NAFTA-TN workers and software developers are exempted from this process.

2588: 2572: 2059: 1527: 1476: 1251: 688: 146: 2821: 3655: 3626:

U.S. Department of State, Visas for Mexican and Canadian NAFTA Professional Workers

2730:

Navigating NAFTA: a concise user's guide to the North American Free Trade Agreement

2519: 2103: 1954: 1766: 1558: 1173: 1043: 604: 256: 253: 2959: 2677:

Foreign Affairs and International trade Canada: Canada and the World: A History –

2411:

Mexican Migration to the United States: Perspectives From Both Sides of the Border

641: 309:

In 2022, section 214.6 was updated to reflect the transition from NAFTA to USMCA.

259:

signed the law on December 8, 1993, placing NAFTA into effect on January 1, 1994.

3556: 4116: 1920: 671: 581: 292: 198: 154: 150: 37: 3932: 3636:

U.S. Customs and Border Protection, Nonimmigrant Trade NAFTA Professional (TN)

2699:

NAFTA: Final Text, Summary, Legislative History & Implementation Directory

1620: 1156: 1122: 817: 786: 752: 245: 206: 4371: 4325: 3947: 3942: 3937: 3927: 3922: 3775: 2193: 1684: 1654: 1427: 1359: 1139: 1009: 947: 834: 769: 580:

An important differences is that TN status does not include the doctrine of

574: 386: 249: 194: 2993: 2942: 2925: 375:

for Mexican citizens at a U.S. consular post and admission at the border).

205:(LPR) status in the United States, while TN status does not. This leads to 3325:"Direct Filing Addresses for Form I-129, Petition for Nonimmigrant Worker" 1365:

Baccalaureate or Licenciatura Degree; or state/provincial/federal license

4265: 4260: 4223: 4174: 4169: 4072: 4067: 4051: 4046: 4015: 3999: 3994: 3978: 3962: 3957: 3904: 3899: 3894: 3889: 3884: 3863: 3858: 3853: 3837: 3832: 3827: 3822: 3817: 3801: 3796: 3757: 3752: 3747: 3710: 3705: 3700: 2833: 2216: 1091: 1026: 197:, but also has unique features. Notably, H-1B classification allows for " 3324: 677:

Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.

615:

may need to avoid travel outside the United States until they obtain an

145:) is a special non-immigrant classification of foreign nationals in the 27:

U.S. visa category for Canadian and Mexican professionals, part of NAFTA

4430: 4425: 4420: 4415: 1998: 1749: 1487: 930: 865: 17: 4399: 4394: 4389: 4366: 4361: 4356: 4351: 4346: 4306: 4301: 4296: 4291: 4286: 4244: 4239: 4207: 4202: 4197: 4192: 4164: 3879: 3731: 3726: 2109:

D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license

1393: 2545:"9 FAM 201.1 (U) NONIMMIGRANT TRAVEL WITHOUT A VISA AND/OR PASSPORT" 1909:

principles of any of those disciplines to basic or applied research

3158:"Canadian specialized nurses will be allowed to work on U.S. visas" 592:

the likely timeline for the employment/marriage green card process,

4316: 2906:"Report: UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT" 1721: