Citizens from Canada and Mexico may
apply for temporary admission to the United States to engage in business
activities at a professional level. This
is known as the TN non-immigrant classification.
The TN visa is a result of the North American Free Trade
Agreement. Appendix 1603.D.1 of Annex
1603 of the NAFTA provides a list of professional activities that are eligible
for TN classification. Generally, the
professional activities require a bachelor’s degree or higher. Among the professionals listed are lawyers,
engineers, accountants, computer systems analysts, teachers and graphic
designers.
The visa is initially issued for a three year period. It is a multi-entry visa, which means that
the visa holder may travel outside of the United States and return during the
three year period without applying for a new visa. The visa holder may apply for an extension
while in the United States. Extensions can be granted in up to three year
intervals.
Canadian citizens may apply at a U.S. port of entry. A citizen of Mexico must apply at a U.S. consulate
in Mexico. To apply, the applicant must show proof of
citizenship, and a letter from the prospective employer stating the applicant’s
professional capacity, the purpose of the stay, the length of stay, and the
applicant’s educational qualifications. The applicant may also need to provide
credential evaluations.
There are no limits on the number of extensions that a
person may apply for. However, the U.S.
Government must be convinced that the proposed stay is temporary. That is, the applicant must show that the
work will end at a predictable time, and that the applicant will return to his
or her country once the work is completed.
By: William J. Kovatch, Jr.
(703) 837-8832
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