TN status

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TN (Trade NAFTA) status is a special non-immigration status unique to citizens of the United States, Canada and Mexico. TN status was created by virtue of the 1994 North American Free Trade Agreement (NAFTA). It allows American, Canadian and Mexican citizens the opportunity to work in each other's countries in certain professional occupations. It bears a similarity, in some ways, to the H-1B visa, but also has many unique features. Within the TN set of occupations, an American, Canadian or Mexican can work for up to three years[1] (until October 16, 2008, one year) at a time. However, the TN status may be renewed indefinitely in three-year increments, although it is not a 'permanent' visa and if US immigration officials suspect it is being used as a de facto substitute for a green card, they may elect to deny further renewals. The set of occupations permitted to petition for TN status is also quite a bit more limited than for the H-1B visa.[2]

Spouse and dependent children of a TN professional can be admitted into the United States in the TD status.

Contents

[edit] Canadian citizens in the USA

Canadian professionals are admitted into the USA in the TN-1 status. Applying for this status is a fairly streamlined procedure. The Canadian must first obtain proof of a job offer, in the form of an employment letter detailing employment for not more than three years, and documentation (often in the form of a university degree and/or evidence of former employment) in the occupation area. This paperwork is then brought to the border (most commonly it is done upon entry to the USA from Canada, but entry in TN status is permitted at any port of entry), along with proof of Canadian citizenship and the $50 fee (plus an additional $6 at a land or sea crossing; this is included in airline tickets when arriving by air). The US immigration officer will then adjudicate the application on the spot and grant or deny TN status. If the decision is to grant TN status, the Canadian immediately enters the US and begins TN employment. If the decision is to deny, the immigration officer will often detail the shortcomings in the application; if these are relatively straightforward to correct, the Canadian will often correct the problem in a day or so and then return to the border to reapply.

Certain TN status categories are known to be more difficult than others. For example, 'Management Consultant' applicants will often be scrutinized closely to determine if they will really be serving as consultants, or are in practice simply 'managers'. (The latter is generally not allowed under TN status.) Similarly, 'Computer Systems Analysts' will often have their applications carefully examined to ensure that their qualifications and job duties truly rise to the level of Computer Systems Analyst, and that they are not in practice simply serving as computer programmers.

Once TN status is granted, it is good for three years but only for the specific employer for which it was originally requested. Changing employers will require the Canadian to return to the border and start from scratch with a new application. If employment with a single employer is desired for more than three years, it may be renewed indefinitely. Renewal is accomplished either by a mail-in renewal within the United States, or by returning to the border and, in effect, presenting a new application. Renewal is possible, in theory, indefinitely, but the TN status is not a substitute for permanent residency (a green card), and the border official has the discretion to refuse further renewals if she feels the ability for indefinite renewal is being abused. How this happens in practice depends largely on the mood of the individual border official. Some Canadians have successfully renewed TN status for a decade or more; others have found that after 3-4 years a testy border official cuts off further renewals.

Canadian citizenship for TN status purposes may be by descent or naturalization. Those with qualifications from sources outside Canada or the U.S. must prove equivalency to the U.S. requirements. There is no appeal recourse if one is refused TN status.

[edit] Comparison to H-1B visa

TN status has some similarities with the H-1B visa. However, because the TN status is adjudicated at the border, TN status can also be revoked at any time at the border (if a Canadian is re-entering the US), even if it is not up for renewal. Thus it is important to be sure that any application is perfectly airtight. But the most important difference is that TN status does not include the doctrine of dual intent. Therefore, Canadians or Mexicans on TN status must be careful if they desire to ultimately pursue the green card. Either they should first switch to the H-1B visa before applying for the green card, or they must carefully time things to ensure they do not attempt to renew TN status after the green card application is formally pending (generally meaning that I-485 package has been filed for TN holder; those pursuing consular process can renew until just before the interview appointment at an Immigrant Visa issuing US Consulate). TN status has become the better alternative recently for Canadian citizens, rather than trying for an H-1B visa which is most in demand.

[edit] TN visa

The TN status is sometimes informally referred to as a TN visa. However, because a Canadian does not formally need to request a TN visa at a US consulate, it is technically not a visa, but rather a status.

[edit] Mexican citizens in the USA

The procedures for Mexican citizens applying for TN status are a bit more complex than for Canadians, although they have been significantly simplified. At one time, Mexicans were subject to an annual quota and to procedures similar to an H-1B visa. However, since January 1, 2004, a Mexican citizen must follow a similar procedure to Canadians, but they must first obtain a US TN-2 visa at a US consulate (generally in Mexico). Once the TN visa stamp is obtained in the Mexican citizen's passport, they may enter the US in TN status in a similar manner to a Canadian citizen, and are admitted into the US in the TN-2 status.

[edit] Recognized TN Professionals

Profession[3] Minimum Education Requirements and Alternative Credentials

A
Accountant Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.
Agriculturist
including Agronomist
 Baccalaureate or Licenciatura Degree
Animal Breeder Baccalaureate or Licenciatura Degree
Animal Scientist Baccalaureate or Licenciatura Degree
Apiculturist Baccalaureate or Licenciatura Degree
Architect Baccalaureate or Licenciatura Degree; or state/provincial license[4]
Astronomer Baccalaureate or Licenciatura Degree

B
Biochemist Baccalaureate or Licenciatura Degree
Biologist Baccalaureate or Licenciatura Degree

C
Chemist Baccalaureate or Licenciatura Degree
Computer Systems Analyst Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma[5] or Post-Secondary certificate[6], and three years experience

D
Dairy Scientist Baccalaureate or Licenciatura Degree
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
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

E
Economist Baccalaureate or Licenciatura Degree
Engineer Baccalaureate or Licenciatura Degree; or state/provincial license
Entomologist Baccalaureate or Licenciatura Degree
Epidemiologist Baccalaureate or Licenciatura Degree

F
Forester Baccalaureate or Licenciatura Degree; or state/provincial license

G
Geneticist Baccalaureate or Licenciatura Degree
Geologist Baccalaureate or Licenciatura Degree
Geochemist Baccalaureate or Licenciatura Degree
Geophysicist
including Oceanographer in Mexico and the United States
 Baccalaureate or Licenciatura Degree
Graphic Designer Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

H
Horticulturist Baccalaureate or Licenciatura Degree
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

I
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

J

K

L
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
 LL.B., J.D., LL.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)

M
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
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
Meteorologist Baccalaureate or Licenciatura Degree

N
Nutritionist Baccalaureate or Licenciatura Degree

O
Occupational Therapist Baccalaureate or Licenciatura Degree; or state/provincial license

P
Pharmacist Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacologist Baccalaureate or Licenciatura Degree
Physician
teaching or research only
 M.D. or Doctor en Medicina; or state/provincial license
Physicist
including Oceanographer in Canada
 Baccalaureate or Licenciatura Degree
Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Plant Breeder Baccalaureate or Licenciatura Degree
Poultry Scientist Baccalaureate or Licenciatura Degree
Psychologist State/provincial license; or Licenciatura Degree

Q

R
Range Manager/Range Conservationalist Baccalaureate or Licenciatura Degree
Recreational Therapist Baccalaureate or Licenciatura Degree
Registered Nurse State/provincial license; or Licenciatura Degree
Research Assistant
working in a post-secondary educational institution
 Baccalaureate or Licenciatura Degree

S
Scientific Technician/Technologist[8] 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
Social Worker Baccalaureate or Licenciatura Degree
Soil Scientist Baccalaureate or Licenciatura Degree
Sylviculturist
including Forestry Specialist
 Baccalaureate or Licenciatura Degree

T
Teacher
College, Seminary or University teaching only
 Baccalaureate or Licenciatura Degree
Technical Publications Writer Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience

U
Urban Planner
including Geographer
 Baccalaureate or Licenciatura Degree

V
Veterinarian D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license
Vocational Counsellor Baccalaureate or Licenciatura Degree

W

X

Y

Z
Zoologist Baccalaureate or Licenciatura Degree

[edit] Controversy over TN status

TN status tends not to be as controversial as the H-1B visa. This is probably because the economic disparity between the US and Canada is not huge, so there is less potential for abuse of Canadian and US workers through the TN procedures. In the case of Mexican citizens, the TN procedures have not been used, it seems, sufficiently frequently to generate the kind of controversy that the H-1B visa generates.

[edit] TN status extension options

Renewal/extension of TN status can be done either by mail (which requires filing of form I-129 "Petition for a Nonimmigrant Worker" by the employer, along with proof of the TN holder's citizenship and education, and an extension letter similar to the original offer letter) or by duplication of the original process (for Mexican citizens, a trip to a US consulate; for Canadians leaving and re-entering US, document requirements are similar to those for obtaining the original TN).

In the event of a job termination, the individual must leave the United States within 10 days from the last day of employment or the last day TN status expires (whichever is less). Legally, during this period, the TN holder cannot remain in the USA to look for a new job. Looking for work in any non-immigrant category is generally prohibited, therefore the individual (and any dependents) must leave the US and if they wish to re-enter, secure an offer of employment from abroad, although USCIS will usually allow a non-immigrant to enter the US to attend a specific pre-arranged job interview in visitor status. (Visitor status is allowed up to a maximum of six months - entry in any other non-immigrant category including TN counts against this limit.)

Correction regarding the 10-day grace period: There is a 10 day period that the immigration inspector may add on to the end date of a H-1b nonimmigrant’s stay in the U.S. [see Title 8 Code of Federal Regulations section 214.2(h)(13)(i)(A)] however that 10 day period does not allow for continued employment, and if the individual is terminated, there is no 10 day grace period for him/her to depart the U.S.

[edit] Dependents

The spouse (and dependent children) of someone with TN status may apply for TD status (TD-1 for the family members of a Canadian citizen worker, or TD-2 for those of a Mexican worker). TD status does not allow them to work, although they may attend school. In most states, non-resident tuition rates will apply for post-secondary institutions. If the spouse requesting TD status is not a Canadian citizen, he or she will usually still qualify for TD status, but must first request a formal TD visa at a US consulate.

[edit] Notes

  1. ^ Federal Register, Vol. 73, No. 201 / Thursday, October 16, 2008, pp. 61332-6, retrieved from http://edocket.access.gpo.gov/2008/pdf/E8-24600.pdf
  2. ^ https://www.studentaffairs.cmu.edu/oie/forscho/TNhandout.doc Carnegie Mellon University, office of Student Affairs
  3. ^ A business person seeking temporary entry may also perform training functions relating to the profession, including conducting seminars. The following list was taken from the NAFTA Chapter Sixteen Appendix 1603.D.1 Retrieved 27 January 2009.
  4. ^ "State/provincial license" and "state/provincial/federal license" mean any document issued by a state, provincial or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.
  5. ^ "Post-Secondary Diploma" means a credential issued, on completion of two or more years of postsecondary education, by an accredited academic institution in Canada or the United States.
  6. ^ "Post-Secondary Certificate" means a certificate issued, on completion of two or more years of postsecondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.
  7. ^ A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment or prevention of disease.
  8. ^ A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.

[edit] See also

[edit] References

[edit] External links


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