TN NAFTA Professionals Visa
The TN is issued to citizens of Canada and Mexico who engage in business activities at a professional level in one of the professions pursuant to the North American Free Trade Agreement(NAFTA).
Initial TN nonimmigrant status can be granted to citizens of Canada and Mexico for up to three years by U.S. Customs and Border Protection (CBP) or by the U.S. Citizenship and Immigration Services (USCIS) to citizens of Canada only. Usually, initial admission is made at the U.S. port of entry (land, air or sea).
There are no limits to the number of times TN nonimmigrant status may be granted. A renewal of TN nonimmigrant status can be authorized for a period of up to three years.
This is also the case for Trade Dependents (TD). TN and TD nonimmigrants make a temporary entry. TN and TD nonimmigrants are not permitted dual intent. They must demonstrate nonimmigrant intent at the time of application at the U.S. port of entry or when a TN petition or TD application is filed with USCIS. The temporary nature of TN nonimmigrant status allows for full-time or part-time employment.
TD nonimmigrants are the spouse and unmarried minor children who are accompanying or following to join a TN professional. They are not required to be a citizen of Canada or Mexico. TD nonimmigrants may attend school in the United States if incidental to their status. TD spouses and children are not permitted employment authorization under TD nonimmigrant status.
Business Activities at a Professional Level
Definition—Business activities at a professional level require at least a baccalaureate degree or
appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1 of NAFTA.
Scope—Performance of prearranged business activities for a U.S. entity, including an individual.
It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. A professional will be deemed to be self employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner
Professions consist of:
Accountant, architect, computer systems analyst, disaster relief insurance claims adjuster, economist, engineer, forester, graphic designer, hotel manager, industrial designer,interior designer, land surveyor, lawyer, librarian, management consultant, mathematician,range manager/range conservationist, research assistant, scientific technician/technologist, social worker, sylviculturist, technical publications writer, urban planner and vocational counselor. Additional professions are also categorized within medical/allied professionals, scientists, and teachers.