The TN Visa: Recruiting NAFTA Professionals

The TN Visa: Recruiting NAFTA Professionals
Presented by:
Karen Gillespie, attorney at Global Immigration
Associates, VISANOW’s exclusively retained law firm
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Introduction
The North American Free Trade Agreement (NAFTA) was
established to support economic and trade relationships between
the United States, Canada and Mexico. As part of the agreement, a
special nonimmigrant classification was created — the TN visa.
This visa permits qualified Canadian and Mexican nationals to seek
temporary employment in the United States.
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Agenda
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TN Benefits
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Visa Overview
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Application Process
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Q&A
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The TN visa is a special
classification for citizens of
Canada and Mexico as part of
the North American Free Trade
Agreement (NAFTA).
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Visa Benefits
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Unlike H-1B and H-2B, there is no cap on issued TN visas
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No statutory max-out date
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Canadians may apply directly at the US/Canada border
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Mexicans may apply directly at a U.S. consulate or embassy
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Qualifying professions Professions
A qualifying TN job must fit into one of
the occupations listed in the NAFTA
regulations. These occupations include
but are not limited to accountants,
engineers, lawyers, pharmacists,
scientists and teachers.
A full list can be found at:
www.visanow.com/tn-professions
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Validity Period
u
Dual Intent: TN visas are not dual intent but there is no statutory max-out.
Employees may extend their TN status in up to three-year increments,
indefinitely. To minimize renewal and travel issues, a candidate may want to
switch to an H-1B visa or other dual intent visa status before beginning the
application process for a green card.
u
Dependent visa benefits: TN Visa holder may be accompanied by his or her
spouse and unmarried children under 21 years in the TD dependent
classification. TD visa holders cannot work but may study in the United States.
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APPLICATION PROCESS
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1.
Confirm Eligibility
Company requirements:
▶ Open position in the United States
must require a NAFTA professional
▶ Position may be either full- or part-time
Candidate requirements:
▶ A citizen of Canada or Mexico
▶ Must have qualifications to practice in
qualifying profession
▶ The position in the United States
requires a NAFTA professional
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2.
Gather documentation
General Documents:
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Diploma
Transcripts or mark sheets
Resume or curriculum vitae
Education evaluation, if educated outside of Mexico, Canada or U.S.
Valid passport with at least six months of validity
Digital photo for DS-160, the Electronic Consular Application
▶
Only for Mexican nationals applying at an embassy or consulate
Experience letters from past employers
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Some TN categories require evidence of professional
employment experience
If inside the United States and applying for an extension or a
transfer:
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Form I-94 Arrival/Departure Record
Any Previous Form I-797 Approval Notices
Visa stamp (for Mexican nationals)
Two most recent paychecks
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3.
Apply for entry to the United States
Canadian Nationals
▶
May apply at a CBP-designated
U.S. port of entry or at a
designated pre-clearance/preflight inspection station.
Mexican Nationals
▶
Must apply for visa stamp
U.S. consulate or embassy.
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4.
TN Visa Application Tips
1. Be prepared to provide
evidence that the candidate has
no permanent intent to remain
inside the United States.
2. Supply candidates with
quality documentation to
avoid rejection at the border or
consulate.
3. Include a clear and
persuasive support letter
outlining that all NAFTA
requirements are satisfied.
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Questions?
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Credits
Continuing education credit
HRCI Activity ID: 16-T7XB7
SHRM Activity ID: 281877
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