Article: TN Visa Requirements To Work In Canada, Mexico Or The United States By Edward C. Corrigan

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TN Visa Requirements To Work In Canada, Mexico Or The United States.
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</h3><h4><i>by <a href=”http://discuss.ilw.com/articles/articles/391225-article-tn-visa-requirements-to-work-in-canada-mexico-or-the-united-states-by-edward-c-corrigan#bio”>
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Edward C. Corrigan
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<p>
American, Canadian and Mexican citizens, with the right professional
qualifications, have the opportunity to work anywhere in North America
under trade agreements negotiated by their respective governments. This
agreement was formerly called the <em>North American Free Trade Agreement</em> or <em>NAFTA</em> for
short. Under US President Trump a new agreement, called the <em>United States, Mexico, Canada Agreement (USMCA)</em> took NAFTA’s
place. There are only minor changes in the new agreement.
</p>
<p>
These agreements were designed to facilitated trade between Canada,
Mexico and the United States. Part of these agreements was to allow
qualified professionals from these three countries to work on a
temporary basis in Canada, Mexico and the United States on a reciprocal
basis. These visas’ are called TN Visas.
</p>
<p>
To qualify for a TN Visa, one need’s to have meet the requirements
expressly set out in the Appendix 1603-D.1 in the <em>North America Free Trade Agreement (NAFTA) </em>. There are 61
professional categories recognized as being eligible for TN Visas.
</p>
<p>
For most professional categories one need’s to have a Bachelor Degree
which is issued by a recognized Canadian, American, or Mexican
University, or a Licentura (Licence) Degree that allows the applicant
to practice in a particular area. You also have to be a Citizen of
Canada, Mexico or the United States. Permanent Residents of Canadas and
Mexico or United States Green Card holders and other non-Citizens are
not eligible for a TN Visa.
</p>
<p>
<strong>ELIGIBILITY CRITERIA</strong>
</p>
<p>
Canadian citizens are generally eligible for admission into the United
States0 as nonimmigrants without a visa. The TN category, a
nonimmigrant classification, simply reflects this general exemption for
Canadians from the visa requirement. NAFTA governs the process that is
required to prove whether a Canadian or Mexican citizen is a
professional in a qualifying profession. Mexican Citizens are required
to obtain a Visa to Enter the United States.
</p>
<p>
<strong>CANADIAN CITIZENS</strong>
</p>
<p>
<strong></strong>
</p>
<p>
Canadian citizens can apply for a TN Visa at designated Ports of Entry
into the United States.
</p>
<p>
Applicants’ can establish eligibility for TN classification at the time
they seek admission to the United States. They must present the
required documentation to a U.S. Customs and Border Protection (CBP)
officer at a designated port of entry or at a designated
pre-clearance/pre-flight inspection station. Applicants’ must provide
the following documentation to qualify for a TN Visa.
</p>
<ul>
<li>
Proof of Canadian citizenship;
</li>
</ul>
<p>
· Letter from their prospective employer detailing items such as the
professional capacity in which they will work in the United States, the
purpose of their employment, the length of stay, and their educational
qualifications; and
</p>
<p>
· Credentials evaluation (if applicable), together with any applicable
fees. At the present time the fee is $160 US dollars.
</p>
<p>
Applicants’ can visit the <a href=”http://www.cbp.gov/”>CBP’s website</a> for additional
information and requirements for entry into the United States. If the
US Immigration officer finds the applicant eligible for admission, they
will be admitted as a TN nonimmigrant. The TN Visa allows the qualified
professional the right to work for a designated employer in the United
States for a predetermined length of time and up to 3years in length.
</p>
<h1>
Alternatively, a prospective TN employer can choose to file on behalf
of a Canadian citizen who is outside the United States by submitting
<a href=”https://www.uscis.gov/i-129″>
Form I-129, Petition for Nonimmigrant Worker
</a>
to USCIS. <a href=”https://www.uscis.gov/i-907″>Premium Processing Service</a> is
available for expedited service by filing an <em>I-907, Request for Premium Processing Service</em>. The fee at time
of writing is $1,410.00.<strong></strong>
</h1>
<p>
If USCIS approves the <em>Form I-129</em> application, the prospective
worker, may then apply to CBP for admission to the United States as a
TN nonimmigrant. They must providing the following documentation to the
US Customs and Border Protection Officer at designated U.S. ports of
entry or at a designated pre-clearance/pre-flight inspection station:
</p>
<ul>
<li>
Approval Notice from USCIS for <em>Form I-129</em>.
</li>
</ul>
<p>
In addition, when applying for admission, applicant’s should have in
their possession a copy of the <em>Form I-129</em>, and all supporting
documentation that was submitted to USCIS, to respond to questions
about their eligibility. Applicants’ must pay any applicable inspection
fees at the time they seek admission. If the US Border official, or a
CBP officer, finds that the applicant satisfies the criteria required
for a TN Visa they will be admitted as a TN nonimmigrant with the right
to work.
</p>
<p>
<strong>MEXICAN CITIZENS</strong>
</p>
<p>
<strong></strong>
</p>
<p>
If the Applicant is a Mexican citizen, then they are required to obtain
a visa to enter the United States as a TN nonimmigrant. They should
apply for a TN visa directly at a U.S. embassy or consulate in Mexico.
See the U.S. Department of State webpage, “
<a
href=”https://travel.state.gov/content/travel/en/us-visas/employment/visas-canadian-mexican-nafta-professional-workers.html”
>
Mexican and Canadian NAFTA Professional Worker
</a>
.”
</p>
<p>
Once the Applicant is approved for a TN visa, they may apply for
admission at certain CBP-designated U.S. ports of entry or at a
designated pre-clearance/pre-flight inspection station. Applicants’
should refer to <a href=”http://www.cbp.gov/”>CBP’s website</a> for
additional information and requirements for admission to the United
States. If the US Immigration Officer deems the applicant eligible for
admission they can be admitted as a TN nonimmigrant with the right to
work in the United States.
</p>
<p>
A similar process applies to Americans and Mexicans who want to work in
Canada or Americans and Canadians that want to work in Mexico on a
reciprocal basis.
</p>
<p>
<strong>ACADEMIC CREDENTIAL EVALUATIONS</strong>
</p>
<p>
It is possible to get equivalency for foreign credentials as proof that
those degrees be recognized by the proper accreditation agencies as to
the equivalent of the professional designation or academic degree
requirements here in North America. World Education Services (WES) is
one recognized agency that evaluates foreign academic credentials.
Their address is as follows:
</p>
<p>
World Education Services
</p>
<p>
Attention: Documentation Center
</p>
<p>
2 Carlton Street, Suite 1400
</p>
<p>
Toronto, Ontario M5B 1J3
</p>
<p>
Canada
</p>
<p>
Telephone: (+1) 416-972-0070 (CA only)
</p>
<p>
Fax: 416-972-9004
</p>
<p>
Documents must be mailed or sent by express courier. Walk-in service is
not available.
</p>
<p>
It must be explicitly stated in the Foreign Equivalency Evaluation that
this degree is equivalent to a Bachelor, or a Licence Degree, issued by
a recognized and accredited North American institution. For most
Categories for Professionals to qualify for a TN Visa is a degree or
diploma in the relevant area or a licence to practice in that
particular field is required.
</p>
<p>
<strong>MANAGEMENT CONSULTANTS</strong>
</p>
<p>
One TN Visa category that is different and also harder to define is
Management Consultant. Management Consultants’ are treated as a
professional category. Many would have Masters in Business
Administration or MBA’s or other qualifying professional degrees. To
quote the Appendix description for Management Consultant it is as
follows:
</p>
<p>
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.
</p>
<p>
The criteria for approval as a Management Consultant is sometimes hard
to define and even subjective and this category has the most refusals.
However, I suspect that Bill Gates, who does not have a degree in
computer science would qualify under the 5 year experience requirement.
</p>
<p>
The process for being approved for a TN Visa is very strict, and
applicants’ need to have required original documentation, i.e. for
degrees and diplomas. For foreign credentials the equivalency must be
clearly stated what the foreign degrees are equivalent to in North
America. Applicants’ also need to have the original Certificate, or
Licence that qualifies them to practice as a C.P.A., or C.A or a lawyer
or engineer for example. Proof of American, Canadian or Mexican
Citizenship is also required. This is normally done by having a
Passport that confirms the citizenship eligibility.
</p>
<p>
The American Immigration and Naturalization Service (INS) or the US
Border Services or Homeland Security, is very strict on enforcing the
criteria for TN Visa’s. If you do not meet their requirements in a
clear manner, and even exact manner, you will be turned down.
</p>
<p>
Other requirements include:
</p>
</div>
<br clear=”all”/>
<p>
• Proof of Canadian, or Mexican or American Citizenship
</p>
<p>
• A letter from the employer which designates the correct NAFTA job title.
</p>
<p>
• A letter on original letterhead from the employer which must have a
through description of the job duties and setting out the salary.
</p>
<p>
• The letter must also state very clearly that the employment is temporary,
and has specific dates of employment, and not to exceed three years.
</p>
<p>
• There has to be a detailed, two or three paragraph description of what
the job involves, and what type of employment duties the perspective
employee will be performing.
</p>
<p>
• Telephone numbers must be available so that the border official can
verify the offer of employment.
</p>
<p>
• It is very important that this letter offering the applicant the TN Visa
is on
</p>
<p>
original letterhead, and original signatures, preferably in blue.
</p>
<p>
• Need to have a photo when completing the online Form DS- 160. If
</p>
<p>
the
<a
href=”https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/photos/frequently-asked-questions.html”
title=”Photos FAQs”
>
photo upload fails
</a>
, Applicant must bring one printed photo in the format
</p>
<p>
explained in the
<a
href=”https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/photos.html”
title=”Photo Requirements”
>
Photograph Requirements
</a>
. (A photo is not required if
</p>
<p>
applying in Mexico).
</p>
<p>
It is important to that a TN Employment Visa under NAFTA is a temporary
Visa, which may be extended for periods of time. However, it is advisable
that there would be a short break between the TN Visa renewals and to break
the employment periods and confirm its temporary status.
</p>
<p>
The NAFTA or TN Visa does not to allow people to directly immigrate to the
Unites States. They clearly are for temporary employment purposes. However,
temporary employment can be for more than one year and up to three years.
The new <em>United States, Mexico and Canada Trade Agreement (USMCA)</em>
has not yet been ratified but the changes are very minor.
</p>
<p>
Payment of the required fees is done at time of application.
</p>
<p>
The process at the Border is usually very fast taking around an hour or
less. Once the Applicant is approved, renewals are normally issued without
much difficulty. Applicants’ should have proof of previous approvals under
the TN Visa Program with them at times of renewals. .
</p>
<p>
Other suggested documents which will assist Applicants’ at the border and
to qualify for a TN Visa are as follows:
</p>
<p>
• A Resume which summarizes the employment history and qualifications.
</p>
<p>
• Letters of reference attesting to the Applicant’s qualifications,
especially as a Management Consultant, these letters are strongly
recommended especially for the first application.
</p>
<p>
If there are any questions concerning the above please contact a legal
professional. This short over view is not meant to be an exhaustive
treatment of the TN employment issue but is intended to be a short
introduction to TN Visas and for those seeking employment in the United
States or Mexico or Canada if you are a citizen of those countries and
professionally qualify for a TN Visa.
</p>
<p align=”center”>
-30-
</p>
<p>
<br/>
July 17, 2019 Version Words 1815
</p>
<p>Reprinted with permission.</p>

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<a name=”bio”></a>
About The Author<br/>
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<p>
<b> Edward C. Corrigan</b> is certified as a specialist by the Law Society of Ontario (formerly the Law Society of Upper Canada) in Citizenship, Immigration and Immigration and Refugee Law. He can be contacted at corriganlaw@edcorrigan.ca or at 519-439-4015.
</p>
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