TN USMCA (NAFTA) status for Canadian and Mexican nationals
When a citizen of a foreign country who wishes to enter the U.S must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence as proscribed by the Immigration and Nationality Act. However, the North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico that allows qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level in special categories designated by the NAFTA agreement. Eligible individuals must be citizens of Canada or Mexico.
*NAFTA has been replaced by Agreement between the United States of America, the United Mexican States, and Canada (USMCA), however TN provisions remain unedited in the new USMCA.
NAFTA (now USMCA) regulations cover categories of professions as well as minimum qualifications for each profession. Found in appendix 1603.D.1 to Annex 1603 of NAFTA. For a list of NAFTA TN categories and qualifications please scroll down.
General requirements are as follows:
- An applicant is a citizen of Canada or Mexico
- An applicant is a member of a profession designated under the regulations (see list)
- The position in the United States requires a NAFTA professional
- The applicant has prearranged full-time or part-time employment with a U.S. employer; and
- The applicant possesses the qualifications to practice in the profession in question
- Applicant should have no intent to remain in the U.S. beyond granted status at the time of application and entry
Spouses and unmarried minor children accompanying TN are admitted in TD status. TD dependents cannot accept employment unless independently qualified but may attend school on a full time basis. See CFR 214.6(j) and 9 FAM 41.59 N13. Initial period of stay is up to three years as required by the U.S. employer.
We routinely deal with Canadian TN applications which can be made at a U.S. land border. Please contact us for more information or to request a consultation with an immigration attorney by clicking here.
List of NAFTA professions found in NAFTA chapter 16 and Appendix 1603.D.1.
Appendix 1603.D.1 (Annotated)
— 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 2/ .
— Computer Systems Analyst–Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma 3/ or Post Secondary Certificate 4/ 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 or Post-Secondary Certificate 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 Quebec)-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.
–Mathematician (including Statistician)–Baccalaureate or Licenciatura Degree. 5/ (Footnote added effective 11/12/04; 69 FR 60939 )
— Range Manager/Range Conservationist–Baccalaureate or Licenciatura Degree.
— Research Assistant (working in a post-secondary educational institution)–Baccalaureate or Licenciatura Degree.
— Scientific Technician/Technologist 6/ –Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) 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. (Footnote redesginated as 6/, previously 5/ effective 11/12/04; 69 FR 60939 )
— Social Worker–Baccalaureate or Licenciatura Degree.-Sylviculturist (including Forestry Specialist)–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 (Canada)/Medical Technologist (Mexico and the United States) 7/ –Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate,and three years experience. (Footnote redesignated as 7/, previously 6/, effective 11/12/04; 69 FR 60939 )
— 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
— Agriculturist (including Agronomist)–Baccalaureate or Licenciatura Degree.
— Animal Breeder–Baccalaureate or Licenciatura Degree.
— Animal Scientist–Baccalaureate or Licenciatura Degree.
— Apiculturist–Baccalaureate or Licenciatura Degree.
— Astronomer–Baccalaureate or Licenciatura Degree.
— Biochemist–Baccalaureate or Licenciatura Degree.
— Biologist–Baccalaureate or Licenciatura Degree. 8/ (Footnote added effective 11/12/04; 69 FR 60939 )
— Chemist–Baccalaureate or Licenciatura Degree.
— Dairy Scientist–Baccalaureate or Licenciatura Degree.
— Entomologist–Baccalaureate or Licenciatura Degree.
— Epidemiologist–Baccalaureate or Licenciatura Degree.
— Geneticist–Baccalaureate or Licenciatura Degree.
— Geochemist–Baccalaureate or Licenciatura Degree.
— Geologist–Baccalaureate or Licenciatura Degree.
— Geophysicist (including Oceanographer in Mexico and the United States)–Baccalaureate or Licenciatura Degree.
— Horticulturist–Baccalaureate or Licenciatura Degree.
— Meteorologist–Baccalaureate or Licenciatura Degree.
— Pharmacologist–Baccalaureate or Licenciatura Degree.
— Physicist (including Oceanographer in Canada)-Baccalaureate or Licenciatura Degree.
— Plant Breeder–Baccalaureate or Licenciatura Degree.
— Poultry Scientist–Baccalaureate or Licenciatura Degree.
— Soil Scientist–Baccalaureate or Licenciatura Degree.
— Zoologist–Baccalaureate or Licenciatura Degree.
–TEACHER
— College–Baccalaureate or Licenciatura Degree.
— Seminary–Baccalaureate or Licenciatura Degree.
— University–Baccalaureate or Licenciatura Degree.
