TN NAFTA
TN Status
An individual who is a citizen of Canada or Mexico, and would like to come to the US for employment, may be sponsored by a US company for a temporary (nonimmigrant)
TN visa. TN visas were created as part of the North American Free Trade Agreement (NAFTA), and are not numerically limited. They can usually be applied for at any time (unlike H-1B Visas, of which all are numerically limited).
A TN application for a Canadian citizen can be made at a US port of entry with an immigration officer at the time of the US entry, and applications can be presented in person for adjudication on a walk up basis. Processing time is generally an hour or two. The candidate cannot begin working until the TN status is issued. Since the approval process is almost immediate, all other screening of the applicant should be completed before the TN is applied for, to ensure a placement on employment role. TNs for Mexican nationals require a US Consulate in Mexico's approval prior to entering the US and visa issuance before US entry.
TN's are valid for a maximum of only one (1) year at a time. Extensions are permitted at the discretion of the immigration service. Time in the US on a TN does not count against the six (6) year maximum time limit on an H-1B or L-1. However, this status DOES NOT in and of itself enable an employer to apply for green card status for the employee. Accordingly, these are cases where close consultation with our office is recommended.
A TN Visa applicant must identify a visa category from a designated list of occupations deemed in short supply by the NAFTA Council and listed in the CIS regulations. Additionally, a candidate must satisfy the minimum education and certification requirements for that occupation as determined by CIS Regulations.
DATA NEEDED TO APPLY FOR TN STATUS
The following information is required by English & van Horne to apply for TN Status:
Needed From Company:
- Name of Company, Division and actual location(s) (street, city, state, and zip) where the individual will actually be employed -i.e. job site.
- Human Resource and hiring Manager contact information, including phone numbers and email ID.
- US Salary (excluding bonus).
- Description of proposed duties in the US.
Needed From Applicants:
- Copies of all University degrees with transcripts, in with English Translation.
- Description of which degrees apply to the work performed.
- Detailed resume with specific dates of employment, employer's full names, addresses and duties with particular attention to authority held and exercised.
- US immigration history. Specifically, any prior periods (dates) of stay on an F-1, J-1, H-1B or other visa(s), and any presence in the US beyond period of authorized stay.
- Indicate any immigrant petitions or labor certifications previously filed on behalf of the individual.
- Has the individual ever been denied any US immigration benefit?
- Foreign home address.
- Copy of passport validity page.
- Full legal name, date and place of birth for the individual and any family members.
- Degree equivalencies: There may be a need to get degree equivalencies if the last or highest university degree was received outside of Canada or the US. (These will be obtained by English & van Horne, if none are presently available.)
If currently in the US the Applicant should also provide the following:
- Copy of each and every page in his/her passport.
- Copy of front and back of I-94 Admission Card.
- Copy of any/all employment authorization card.
- Copies of any petition approvals from the CIS/CBP.
- US Social Security number.
- US home address.
- If any family members are in the US, what is the status?
- Copies of recent pay stubs for the past three months (just prior to final submission).
- Copies of marriage and birth certificates for self and all dependants.
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