Information for WHOI Sponsors

TN Professionals under NAFTA

The TN category was created specifically for Canadian and Mexican citizens employed in the U.S.

TN status holders can be admitted to the US in increments of up to one year. Extensions of stay are also granted in up to one-year increments. There is no cumulative total limit on the time a foreign national can be in TN status. Status can be renewed each year indefinitely, provided that the stay remains temporary in nature. Please note that the regulations for Mexican citizens differ substantially from those for Canadians.

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:

• the profession is on the NAFTA list;
  
• the alien possesses the specific criteria for that profession;
  
• the prospective position requires someone in that professional capacity, and;
  
• the alien is going to work for the U.S. employer.

For a list of NAFTA Professions, please refer to: http://travel.state.gov/tn_visas.html

Eligibility requirements:

Canadian:

• Must be a citizen of Canada.
  
• Must possess the minimum qualifications of one of the NAFTA specified professions.
  
• Entry must be temporary.
  
• Must constitute "pre-arranged" professional activity for a U.S. entity within one of the NAFTA specified professions.
  
• No D.O.L. prevailing wage and working conditions requirement.
  
• Employer can either be a U.S. entity or a pre-arranged foreign employer who has arranged for the Canadian citizen to provide pre-arranged services in the U.S. for a U.S. entity.
  
• No prior petition or application need be filed by the TN employer.
  
• Alien cannot be self-employed in the U.S.

Mexican:

• Must be citizen of Mexico.
  
• Must possess the minimum qualifications of one of the NAFTA specified professions.
  
• Must constitute pre-arranged professional activity for a U.S. entity within one of the NAFTA specified professions.
  
• Must offer prevailing wage and working conditions in accordance with D.O.L. guidelines.
  
• U.S. entity for which services are being done must employ the Mexican citizen directly.
  
• The U.S. employer must file and obtain approval of Form ETA 9035 with D.O.L. and Form I-129 with I.N.S. before the Mexican citizen can obtain TN status.
  
• Alien cannot be self-employed in the U.S.