 How to
get a "TN," and other NAFTA work permits
The North American Free Trade Agreement (NAFTA) has greatly increased the ability of Canadian citizens to work in the U.S., and U.S. citizens to work in Canada. Approval is not automatic, however, and cases are
often denied with serious consequences for the individuals involved
as well as the businesses that employ them. With offices in both the U.S. and Canada, our firm
handles many NAFTA work authorizations. We can prepare a complete
application and guide you through the process. Here is some information about the NAFTA category:
- NAFTA permits simplified
entry into the United States by Canadian citizens to work in
certain professional occupations identified by the agreement.
This is the "TN" category. Persons who qualify must present themselves at the border with proof of Canadian
citizenship, proof of a job offer in one of the NAFTA
categories, and proof that the person has the necessary
qualifications. You must be a citizen; permanent residents of Canada do
not qualify.
- There is an application fee of $50.00 U.S.
plus $6 for the I-94 at the border. This is a big advantage
over the H-1B for jobs that would qualify under both categories. A
new H-1B with premium processing will cost up to $3,550 in
filing fees alone. The same result can be obtained at the border with a TN for
$56!
- There are more than sixty categories of NAFTA professionals.
They range from Accountant to Zoologist. Common categories
include systems analyst for software workers, registered nurse,
and university teacher. Most require a minimum
of a Bachelor's degree. The degree must be in field which is
related to the NAFTA category. Click here
for the
complete list of NAFTA jobs. While there are many NAFTA categories, NAFTA does not entitle all Canadians to work in the U.S. If you do not fit in a TN category, there may be another category available to you such as H-1B, H-2B,
L, or J.
- Several categories do not require a
degree. These include Management Consultant, Scientific
Technician, Systems Analyst, and Hotel Manager. Since these serve as "catch-all" categories, applications for these categories are often denied. Applications in these categories must be carefully prepared! We have successfully obtained many work authorizations in these categories.
- Canadians may now be given TNs for up to three years. These can be extended for additional
three-year periods with no fixed limit on the number of extensions. They may be extended by re-applying at the border, or by filing an application through the
Vermont Service
Center of U.S. Citizenship and Immigration Services (the former
INS). TN workers may also apply to the Vermont Service Center to change
from one TN employer to another.
Finally, persons in another nonimmigrant status, such as F-1 students,
may apply to the Vermont Service Center for a change of status. However, there is no TN "portability" as there is with H-1B. The new TN must be approved
before you can start work with a new employer.
- The
filing fee at the Vermont Service Center is $325, and premium
processing is available for another $1225. This is a lot more than
it costs at the border, but still
a lot less than an H-1B in any
case where the H-1B surcharges apply.
- Spouses and children are also admitted as dependents, along with the principal TN worker.
This is called TD status. They can attend school, but they are not allowed to work.
Spouses and dependents do not have to be citizens of Canada
or Mexico. A non-Canadian spouse or child will need a visa stamp
in their passport.
- Under NAFTA, U.S. citizens have exactly the same rights to
work in Canada in the NAFTA categories. Again, application is
usually made directly at the border with proof of U.S. citizenship, a
job offer, and the necessary qualifications. There is an
application fee of
$150 CDB.
- Mexicans also qualify under NAFTA. The petition requirement
has now been eliminated, and Mexicans now apply directly at a U.S.
consulate for a TN visa stamp, or can apply to the Vermont
Service Center for a change of status to TN if in the U.S. in
another valid status. Since new H-1B visas have exceeded
the annual cap, the TN option is very useful for Mexican citizens.
- TN professionals must intend to return to Canada or Mexico
when their temporary employment is completed. Once a labor
certification or immigrant petition has been filed on behalf of a
TN professional, there may be problems getting TN extensions or
re-entering the United States. Some TNs change status to H-1B
when they start the Green Card process for this reason. This is
not always possible due to the H-1B cap, and also because some TN
categories such as registered nurse do not qualify for an H-1B. Get
professional advice if you are working under NAFTA and plan to
get a Green Card.
- NAFTA is not limited to the TN category. NAFTA provides for temporary entry for many Canadian short-term business visitors who receive their compensation from a Canadian company. An example is a worker providing post-sales installation, warranty
service, or training. Such visitors do not need a TN work authorization. Under NAFTA, Canadians can apply for L
intra-company transferee status directly at the border. The usual
I-129 petition and L filing fees must be presented. Citizens of other countries can also apply for L status, but must apply through a Service Center. Finally, NAFTA is the basis for admitting Canadian investors in the E
category. Applications for E visas must be filed through the
Toronto consulate, or Vancouver consulate in the case of residents
of British Columbia, Alberta or the Yukon. E visas cannot be obtained at the border.
While NAFTA provides simplified procedures, many applications
are refused. We have prepared many successful TN applications.
|
