The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that:
The requirements for Canadians and Mexicans wishing to enter under this classification are not the same. Citizens of Canada must provide the following at the port of entry:
Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the United States Citizenship and Immigration Services (CIS), formerly known as the Immigration and Naturalization Service (INS), at the port of entry. The "TN" status will only be granted if the period of stay is temporary.
The requirements for Mexican citizens are as follows:
Requirements for Canadians and Mexicans wishing to renew their "TN" status are not the same.
Applications for extension of stay are processed by the U.S. Citizenship and Immigration Services (CIS). Canadian citizens have two options. First , they may have their employer file an I-129 form at the closest regional CIS office. This option does not require leaving the U.S. Second, Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application. If a Canadian citizen in TN status leaves the U.S. and is not in possession of an I-94 card, he or she may be required to provide alternate evidence of TN status when re-entering the U.S. Mexican citizens must have their employers renew their labor certification and file another I-129 with their regional BCIS office in order to extend their stay.
TN status does not allow "dual intent," and to be admitted as a TN employee, the applicant must be able to establish that s/he plans to return to his/her home country at some point in the future. TN status is not compatible with tenure-track faculty appointments or plans to immigrate to the US (i.e., become a "permanent resident" and hold a "green card.")
College researchers and faculty are included in the TN list of professions, as long as the degree is held in the field in which the research / teaching will be done.
Prospective Canadian TN workers who cross the border pay $50, plus $7 for the I-94 card. Dependents pay only for the card(s). Extensions and change of status requests, which are submitted to the CIS Service Center in St. Albans, Vermont by the Office of Visa and Immigration Services, cost $130 for TN principals, and $140 for any number of dependents. Alternatively, a TN status holder may return to Canada, and re-enter, showing the same proof of eligibility for TN employment as was originally shown. The same fee-scale as noted above upon initial entry will apply.
