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Professionals Under NAFTA
The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the alien possesses the specific criteria for that profession, 3) the prospective position requires someone in that professional capacity and 4) the alien is going to work for a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrants.
How can a "TN" visa be obtained?
The requirements for Canadians and Mexicans wishing to enter under this classification are not the same. Citizens of Canada must provide the following at the port of entry:
1. A request for "TN" status;
2. A copy of the applicant's college degree and employment records which establish qualification for the prospective job;
3. A letter from the alien's prospective U.S.-based employer offering him or her a job in the United States, which is included on the professional job series (NAFTA list); and
4. A fee of U.S. $50.00.
Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the Immigration and Naturalization Service (INS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary.
The requirements for Mexican citizens are as follows:
1. First, the prospective employer must file a labor condition application;
2. Then, the applicant's prospective employer must file an I-129 "Petition For Non-Immigrant Workers" with the Immigration and Naturalization Service (INS); and
3. After the petition has been approved, the alien must apply for a non-immigrant visa at a U.S. Embassy or Consulate in Mexico.
How can an application for extension of temporary stay be made?
Requirements for Canadians and Mexicans wishing to renew their "TN" status are not the same. Applications for extension of stay are processed by the Immigration and Naturalization Service (INS). Canadian citizens have two options. First , they may have their employer file an I-129 form at the closest regional INS office. This option does not require leaving the U.S. Second, Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application. Mexican citizens must have their employers renew their labor certification and file another I-129 with their regional INS office in order to extend their stay.
NAFTA Professional Job Series List
PROFESSION MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS Accountant Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A. Architect Baccalaureate or Licenciatura Degree; or state/provincial license Computer Systems Analyst Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years experience Disaster Relief Insurance Claims Adjuster (Claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) 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 pertaining to disaster relief claims Economist Baccalaureate or Licenciatura Degree Engineer Baccalaureate or Licenciatura Degree; or state/provincial license Forester Baccalaureate or Licenciatura Degree; or state/provincial license Graphic Designer Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years experience Hotel Manager 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 Industrial Designer Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience Interior Designer Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience Land Surveyor Baccalaureate or Licenciatura Degree or state/provincial/federal license Landscape Architect Baccalaureate or Licenciatura Degree Lawyer (including Notary in the province of Quebec) L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar Librarian M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura degree was prerequisite) Management Consultant 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 Mathematician (including statistician) Baccalaureate or Licenciatura Degree Range Manager/Range Conservationist Baccalaureate or Licenciatura Degree Research Assistant (working in a post-secondary educational institution) Baccalaureate or Licenciatura Degree Scientific Technician/ Technologist 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 principles of any of those disciplines to basic or applied research Social Worker Baccalaureate or Licenciatura Degree Sylviculturist (including forestry) Baccalaureate or Licenciatura Degree Technical Publications Writer Baccalaureate or Licenciatura Degree, or post-secondary diploma or post-secondary certificate, and three years experience Urban Planner (including Geographer) Baccalaureate or Licenciatura Degree Vocational Counselor Baccalaureate or Licenciatura Degree MEDICAL/ALLIED PROFESSIONALS Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license Dietitian Baccalaureate or Licenciatura Degree; or state/provincial license Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) Baccalaureate or Licenciatura Degree; or post secondary diploma or post secondary certificate, and three years experience Nutritionist Baccalaureate or Licenciatura Degree Occupational Therapist Baccalaureate or Licenciatura Degree; or state provincial license Pharmacist Baccalaureate or Licenciatura Degree; or state provincial license Physician (teaching or research only) M.D., Doctor en Medicina; or state/provincial license Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license Psychologist State/provincial license; or Licenciatura degree Recreational Therapist Baccalaureate or Licenciatura Degree Registered Nurse State/provincial license or Licenciatura degree Veterinarian D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license SCIENTIST Agricultural (Agronomist) Baccalaureate or Licenciatura Degree Animal Breeder Baccalaureate or Licenciatura Degree Animal Scientist Baccalaureate or Licenciatura Degree Apiculturist Baccalaureate or Licenciatura Degree Astronomer Baccalaureate or Licenciatura Degree Biochemist Baccalaureate or Licenciatura Degree Chemist Baccalaureate or Licenciatura Degree Dairy Scientist Baccalaureate or Licenciatura Degree Entomologist Baccalaureate or Licenciatura Degree Epidemiologist Baccalaureate or Licenciatura Degree Geneticist Baccalaureate or Licenciatura Degree Geochemist Baccalaureate or Licenciatura Degree Geophysicist (including Oceanographer in Mexico and the United States) Baccalaureate or Licenciatura Degree Horticulturist Baccalaureate or Licenciatura Degree Meteorologist Baccalaureate or Licenciatura Degree Pharmacologist Baccalaureate or Licenciatura Degree Physicist (including Oceanographer in Canada) Baccalaureate or Licenciatura Degree Plant Breeder Baccalaureate or Licenciatura Degree Poultry Scientist Baccalaureate or Licenciatura Degree Soil Scientist Baccalaureate or Licenciatura Degree Zoologist Baccalaureate or Licenciatura Degree TEACHER College Baccalaureate or Licenciatura Degree Seminary Baccalaureate or Licenciatura Degree University Baccalaureate or Licenciatura Degree -