The TN (under NAFTA) for Canadians and Mexicans
If you are a Canadian or Mexican citizen, then the North American Free Trade Agreement presents a unique vehicle – the TN - for getting a visa or status to work and live in the U.S. If you get a job offer to work in the U.S. in one of the listed specialty occupations, the TN could be your ticket to living and working in the U.S. Mr. Barone discusses the TN below and provides some straight forward answers to frequently asked questions about this business immigration visa.
What is the TN?
The TN is a nonimmigrant classification and creation of the North American Free Trade Agreement (“NAFTA”) between the U.S., Canada and Mexico. It exists solely for the benefit of Canadian and Mexican citizens.
Does the TN allow you to work and live in the U.S.?
Yes.
What kind of occupations qualify for the TN?
There is a list of specific occupations that appear on a schedule created by NAFTA. Appendix 1603.D.1 of NAFTA outlines the professional occupations that qualify for TN status. The list includes occupations from A-Z including Accountant and Zoologist, and some obscure occupations in between such as Agronomist and Poultry Scientist.
What are the requirements to get a TN?
The applicant must be a Canadian or Mexican citizen. Most of the TN occupations require a Bachelor's degree. However, some require a post-secondary diploma and three years of experience. The degree or diploma should be in the field or in a closely related field. There are two categories that do not have an expressed educational requirement - the Management Consultant and the Scientific Technician categories.
What about the spouse and children?
Spouses get the derivative status of TD so they can live and attend school in the U.S. with the TN holder. Neither spouses nor children can work in the U.S. with TD status.
Where can I apply for TN?
For Canadians, applications for the TN can be made at Ports of Entry or at Pre-Flight Inspection airports. If an individual plans to apply at an airport, that person must apply the same day as the applicant’s flight. Canadians are granted the TN “status” and are exempt from needing a “visa” from the American Consulate to enter the U.S. on the TN.
A Mexican citizen must first apply to an American Consulate for a TN “visa” and attend a visa interview before the TN visa is issued. Once the TN visa is issued, the applicant can make an entry into the U.S. on the TN.
How long is the TN valid for?
Under recent provisions, the TN can be approved for three (3) years and is usually renewable without limitation thereafter.
Can I start my own U.S. Company and work for myself as a TN?
No. There are “self-employment” rules that disqualify you from sponsoring your own TN. You need a job offer from a U.S. Company to work in one of the listed specialty occupations.
Can I do my own TN application?
Yes. You can also prepare your own Tax Returns but an Accountant might be better qualified and experienced. Mr. Barone and his firm have handled thousands of TN cases.
What legal services does Mr. Barone perform?
Mr. Barone will access eligibility and necessary documents and evidence for the TN. He will also prepare the required paperwork for the TN application. For some, there is an added benefit to engaging Mr. Barone as your lawyer. Because his office is located in Buffalo, New York, a lawyer from his office will personally accompany you to one of the ports of entry near Buffalo.
What is the government fee for applying for the TN?
Currently, the application fee is $50.00.
How can I get specific questions about my case answered?
For that, it would be necessary to speak with Mr. Barone and have a consultation – much like a Doctor must do in order to give you an accurate diagnosis.
Tell me more about a Consultation.
Information is valuable. A consultation is an informational session spent with Mr. Barone getting the details of your case. Confidential specific questions and answered are exchanged. Your qualifications and your immigration goals will be discussed. He will analyze your facts and tell you what your options are, if any. If you do have options, then he will provide an immigration strategy and a plan and tell you what the legal fees and costs will be. The consultation can be by telephone and is not timed. In fact, the consultation continues beyond one session if you have follow-up questions. The charge is $180.00 and there is no additional charge for follow-up questions. If Mr. Barone is engaged as the attorney, the cost of the consultation will be credited to your total legal fees. If you’re interested, email him for an appointment at abarone@srwlawyers.com.