Employment Opportunities In The U.S. For Mexican and Canadian Citizens

By: NORKA M. SCHELL, Esq.

Employment Opportunities in the U.S. for Mexican  And Canadian Citizens

A visa classification that is underutilized is the TN Visa and many Canadian and Mexican Citizens may qualify for the TN Visa or TN Status based on their profession and educational levels under NAFTA, the North American Free Trade Agreement. The benefits of entering the U.S. under the TN Visa or TN Status are that it that the TN Visa may be valid for up to three-years and has no renewal limits. You can receive a TN Visa extension each year for an indefinite number of times as long as you meet all of the requirements. The North American Free Trade Agreement (NAFTA) was an agreement signed by the governments of Canada, Mexico, and the United States, creating a trilateral trade bloc in North America. A trade bloc is a type of intergovernmental agreement, often part of a regional intergovernmental organization, where regional barriers to trade, (tariffs and non-tariff barriers) are reduced or eliminated among the participating countries.

The agreement became effective on January 1, 1994. North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the United States (U.S.), Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer. To qualify for a TN Visa and be allowed to work in the U.S. the Canadian and Mexican professionals must meet the following conditions: (1) Applicant must be a citizen of Canada or Mexico; (2) Applicant must have a job offer in the United States; (3) Applicant’s job offer must be in a position approved under the NAFTA list; (4) Applicant must have the professional qualification required of the profession; and (5) U.S. job offer must be of a temporary nature and Applicant must prove temporary stay each time the TN Visa is renewed.

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. A Canadian citizen without a TN visa can apply at a U.S. port of entry. A Canadian NAFTA Profession will need a TN Visa if he/she is residing in another country with a non-Canadian spouse and child would need a visa to enable the spouse and child to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. However, unlike Canadian citizens, Mexican citizens are required to obtain a visa to request admission to the U.S. A complete list of NAFTA approved professions can be found by accessing the State Department’s website at http://www.nafta-sec-alena.org/en/view.aspx?x=343&mtpiID=147#Ap1603.D.1. The NAFTA approved professions are classified under four categories: (1) General (2) Medical and Allied Professions (3) Scientist and (4) Teachers. Under these four subcategories you will find positions such as Accountants, Architects, Computer Science, Economists, Engineer, Graphic Designers, Hotel Managers, Interior Designers, Landscape Architects, Mathematicians, Social Workers, Dentists, Dieticians, Nutritionists, Pharmacists, and Teachers (college, seminary, or university).

Therefore, if you want to know if you or someone you know may qualify for a TN Visa or TN Status, please feel free to contact me directly at (212)564-1589.