NAFTA provides a simplified visa application procedure for Canadian professionals otherwise classifiable in the H-1B category. These professionals may apply for the TN temporary work visa at any Class "A" Port of Entry. The TN visa is valid for one year periods renewable indefinitely. In addition, there is no annual numerical limitation on the number of TN visas issued.
The following is the NAFTA list of professions qualifying for TN status:
Appendix 1603.D.1
Accountant
Baccalaureate or Licenciatura degree; or C.P.A., C.A., C.G.A., or C.M.A.
Architect
Baccalaureate or Licenciatura degree; or state/provincial license.
Computer Systems Analyst
Baccalaureate or Licenciatura degree; or Post-Secondary Diploma or Post Secondary Certificate and three years' experience.
Disaster relief insurance claims adjuster
(claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)
Baccalaureate or Licenciatura degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
Economist
Baccalaureate or Licenciatura degree.
Engineer
Baccalaureate or Licenciatura degree; or state/provincial license.
Forester
Baccalaureate or Licenciatura degree; or state/provincial license.
Graphic designer
Baccalaureate or Licenciatura degree; or post-secondary diploma and three years experience.
Hotel manager
Baccalaureate or Licenciatura degree in hotel/restaurant management; or post-secondary diploma or post-secondary certificate in hotel/restaurant management and three years experience in hotel/restaurant management.
Industrial designer
Baccalaureate or Licenciatura degree; or post-secondary diploma or post-secondary certificate, and three years experience.
Interior designer
Baccalaureate or Licenciatura degree; or post-secondary diploma or post-secondary certificate, and three years experience.
Land surveyor
Baccalaureate or Licenciatura degree or state/provincial/federal license.
Landscape architect
Baccalaureate or Licenciatura degree.
Lawyer
(including Notary in the province of Québec)
L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar.
Librarian
M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura degree was a prerequisite).
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. Baccalaureate or Licenciatura degree.
Mathematician
(including statistician)
Baccalaureate or Licenciatura degree.
Range manager/ Range conservationist
Baccalaureate or Licenciatura degree.
Research assistant
(working in a post-secondary educational institution)
Baccalaureate or Licenciatura degree.
Scientific technician/ technologist
a theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.
and the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.
Social worker
Baccalaureate or Licenciatura degree.
Sylviculturist
(including forestry specialist)
Baccalaureate or Licenciatura degree.
Teacher / College or University
Baccalaureate or Licenciatura degree.
Teacher / Seminary
Baccalaureate or Licenciatura degree.
Technical publications writer
Baccalaureate or Licenciatura degree, or post-secondary diploma or post-secondary certificate, and three years experience.
Urban planner
(including geographer)
Baccalaureate or Licenciatura degree.
Vocational counselor
Baccalaureate or Licenciatura degree.
Medical/Allied Professionals
Dentist
D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license.
Dietitian
Baccalaureate or Licenciatura degree; or state/provincial license.
Medical laboratory technologist
Baccalaureate or Licenciatura degree; or post-secondary diploma or post secondary certificate, and three years experience.
Nutritionist
Baccalaureate or Licenciatura degree.
Occupational therapist
Baccalaureate or Licenciatura degree; or state/provincial license.
Pharmacist
Baccalaureate or Licenciatura degree; or state/provincial license.
Physician
(teaching or research only)
M.D., Doctor en Medicina: or state/provincial license.
Physiotherapist/ physical therapist
Baccalaureate or Licenciatura degree; or state/provincial license.
Psychologist
State/provincial license; or Licenciatura degree.
Recreational therapist
Baccalaureate or Licenciatura degree.
Registered nurse
State/provincial license or Licenciatura degree.
Veterinarian
D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license.
Scientist
All of the above professions require a bachelors degree (unless otherwise provided) in order to qualify for the TN status. Computer Systems Analysts for instance are required to have either a bachelors degree, or a post secondary diploma and 3 years of experience in order to qualify for TN status. Medical Technologists may also qualify with a post secondary diploma, and 3 years of experience.
In order to apply for the TN visa at a Class "A" Port of Entry, the applicant must provide the U.S. Immigration Service with a letter from his/her U.S. or Canadian employer, and proof of his/her professional qualifications.
The legal fee to have our law office prepare all necessary supporting documents for the TN-1 NAFTA professional work visa case ranges from only $1,000 to $2,000 U.S. dollars, plus applicable Canadian taxes.
Our law office provides the following services with respect to each
TN-1 visa application:
1. Preparation of the Company Letter (Job Offer) in Support of the TN-1 visa application.
2. Consultation with a U.S. Immigration Free Trade Officer on behalf of the visa applicant.
3. Preparation of a "G-28" Attorney Representation Form.
This official U.S. government form allows our law office to represent the applicant at a U.S. border post.
Only U.S. licensed lawyers or U.S. citizen representatives may represent a TN-1 visa applicant at a U.S. border post.
Canadian lawyers are NOT PERMITTED to submit "G-28" forms at a U.S. border post; and
4. Preparation of a Law Office Letter in Support.
For more inforamtion about TN-1 NAFTA work visas for Canadians, contact Mark Carmel, Attorney at Law, New York State.
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