TN Visas: Professionals under NAFTA This page provides information for Canadians wishing to enter the United States as business persons under the terms of NAFTA. For information of a more general nature regarding business travel to the U.S. please follow the link provided below. Business Travel to the US The visa category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Canada and Mexico, under the terms of the North American Free Trade Agreement (NAFTA). Qualifications for a "TN" visa A citizen of a NAFTA country may work in a professional occupation in the U.S. provided that all of these conditions are met: The profession is recognized under NAFTA. The alien possesses the specific criteria for that profession. The prospective position requires someone in that professional capacity. The alien is going to work for a U.S. employer. Note: 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-immigrant and granted TD visa status. Professions under NAFTA: Detailed information How to obtain a "TN" visa To qualify for admission under this classification, citizens of Canada, at the U.S. port of entry, shall: Request "TN" status. Provide a copy of the applicant's college degree and employment records which establish qualification for the prospective job. Provide a letter from the prospective U.S.-based employer offering him/her a job in the United States. This job must be one which is included on the list of professions under NAFTA, Appendix 1603.D.1. Pay a fee of US$50. Canadian citizens are not required to obtain a visa, but instead receive "TN" status with U.S. Citizenship and Immigration Services (USCIS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary. Bureau of Citizenship and Immigration Services How to apply for an extension of temporary stay Applications for extension of stay are processed by the Bureau of Citizenship and Immigration Services. Canadian citizens have two options: They may have their employer file a form at the closest regional Bureau of Citizenship and Immigration Services office. This option does not require leaving the U.S., or Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application. Definitions Visitor for business: A person engaged in international business activities related to research and design, growth, manufacture and production, marketing, sales, distribution, after-sales service, and other general services reflecting the activities in a complete business cycle, and receiving no remuneration from a United States source. Treaty Trader: A person coming to carry on substantial trade involving the flow of goods or services principally between the United States and Canada. Over 50% of the international trade must be conducted between the United States and Canada. The Treaty Trader must be a citizen of Canada. An employee of a trader may also qualify as a treaty trader if he or she is entering the United States in an executive or supervisory capacity; or, if employed in a lesser capacity, the employee must have skills which are essential to the efficient operation of the business. Issuance of a non-immigrant visa is required prior to entry of Canadians in this classification. Treaty Investor: A citizen of either Canada who is coming to the United States to develop and direct a bona fide enterprise in which they have made a substantial investment of capital and, thereby, own at least 50% or maintain a controlling interest. The employee of a treaty investor who will be employed in an executive or supervisory capacity, or who has skills which are essential to the operation of the business, may also be classified as a treaty investor. Issuance of a non-immigrant visa is required prior to entry of Canadians in this classification. More about Treaty Trader/Treaty Investor visas Intracompany transferee: A person coming to a United States parent, branch, subsidiary or affiliate of a Canadian company. The person must have been employed abroad by the Canadian company for at least one year - or for at least six months, under certain circumstances - out of the preceding three years in an executive, managerial, or specialized knowledge capacity. He or she must be coming to the United States for the purpose of employment in an executive, managerial, or specialized knowledge capacity. A petition must be filed in behalf of the intracompany transferee on Form 1-129 by either the United States or the Canadian employer. Professional: An alien who is a citizen of Canada who seeks to enter the United States under and pursuant to the provisions of Section D of Appendix 1603 of the North American Free Trade Agreement to engage in business activities at a professional level. Free Trade Specialists: Detailed information Dependents E Visa The spouse and children of the E-Treaty Trader or Treaty Investor are granted E status just like the principal. The spouses of E visa holders are authorized employment with an "employment authorized" endorsement from the Bureau of Citizenship and Immigration Services. Dependent children are not granted employment authorizations. L Visa The spouse and children of an Intracompany Transferee are classified L-2. The spouses of L visa holders are authorized employment with an "employment authorized" endorsement from the Bureau of Citizenship and Immigration Services. Dependent children are not granted employment authorizations. Professionals The spouse and children of a NAFTA professional alien are classified TD for Trade Dependent and are not authorized to accept employment. Documentation A Canadian citizen seeking status as a visitor for business, an intracompany transferee, or a professional, may apply for admission at a Port of Entry without first obtaining a non-immigrant visa. A Canadian must proceed to a United States Consulate and have the requisite non-immigrant visa inserted in their passport or other travel document when seeking status as a treaty trader or investor. This applies even if the Canadian citizen obtained a change of status to that of a treaty trader or investor. This is one of the few times when a Canadian citizen would need to present a visa at the time of application for admission. In Canada, all E visas are processed at the Consulate General in Toronto. Procedures for Professional Status A Canadian citizen seeking professional status would present evidence of citizenship, a letter of employment offering employment in professional status, evidence that he or she is in possession of said status, and appropriate evidence of compliance with state licensure requirements.

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