TN Nonimmigrant Visa

For Mexican and Canadian Professionals under NAFTA

Professional or Specialty Occupation Visa

The TN visa authorizes employment of a worker in a professional or specialty occupation. The visa is authorized for a period of 1 year, but can be extended for an indefinite number of years.

Visa Requirements

The TN requires (1) a professional or specialty occupation position that requires a minimum of a bachelor’s degree; (2) the employee has that degree or its educational/employment equivalent;

The employer must agree to pay return transportation expenses to the employee’s home country if the employee is dismissed before the end of the authorized period of stay. The employee can sign a statement agreeing not to request such expenses. The employer is not responsible for such expenses if the employee voluntarily ends employment or the authorized period of stay expires.

Designated Professionals Under Schedule 2 of NAFTA

Below are types of professions or workers that qualify under Schedule 2, but are not limited to the following:

• Computer Systems Analyst
• Economist
• Engineer
• Industrial Designer
• Management Consultant

Other professionals also qualify under Schedule 2 of the NAFTA, these are only a sample of some professions.

TN Petition and Supporting Documents. The TN petition includes several CIS forms; a support letter on company letterhead with details of the company, the position and qualifications of the employee; company documentation; and evidence of the qualification of the employee.

Consular Processing & Approval of the TN Visa

The U.S. Department of State, Embassy and Consulates in Mexico and Canada are the authority for issuance of TN Visas. Applications are made directly to the Embassy and Consulate after filling out the Electronic Consular Form DS160 and Making an Appointment on the US Visa Information Site. Current Cost of Application is $160 per person.

Premium Processing (In Cases of Change of Status Situations)

The CIS has a business service called Premium Processing where the CIS responds within 15 working days from the date of the receipt of the application. There is a $1,225 CIS filing fee for the service. This fee is in addition to other applicable filing fees that the applicant must pay.

Application Fee (In Cases of Change of Status Situations)

Employers petitioning for an alien to come to the United States temporarily to perform services or labor, or to receive training, as a TN Visa Holder must pay the application fee of $325.

Approval of the Change of Status to TN Classification

The CIS issues an approval notice of the Change of Status as evidence of the employee’s TN status in the United States. The TN Change of Status I-94 Document allows the employee to work for the petitioning company in the United States only; however the document cannot be used as a Visa nor does it substitute as a Travel Document outside of the United States. The employee’s dependents are issued approval notices as evidence of their TD Dependent status.

The employee must have a TN visa stamp in the employee’s passport for travel out of and return of the U.S. This process of getting the visa is referred to as visa consular processing. Our firm assists clients and their families in applying for their visas at the U.S. Consulates as an additional legal service. Please contact our office for detailed information.

Document List

Employee (Beneficiary) — Photocopies Only

• Current passport (identity pages and all pages with any U.S., visa, stamp or notation)
• I-94 Card (front and back)
• Previous CIS approval notices (TN; F-1; I-20; IAP-66; Employment Authorization Card)
• If the documents are not in English, an exact English translation is required (which we can assist you with).
• Passports and I-94 cards of all accompanying family members

Employer or U.S. Company (Petitioner)

• Proposed position: Job title, detailed job description, salary, and education and experience requirements
• Annual reports
• Company brochures
• Certificate of Incorporation and Articles of Incorporation
• Business registration, business license, business permits, DBA’s
• Organizational charts
• Company information (history, facilities, products, number of employees, clients)
• Commercial lease or proof of operations facilities or offices
• Brochures, catalogs, promotional and product literature, and advertisements
• Invoices, contracts, bill of lading, and other business documentation
• Corporate tax returns (IRS 1120, IRS 941, TWC C-3, or any IRS filing)
• Financial statements (balance sheet, income statement, asset & deficit, payroll)
• Bank account statements
• Wire transfers; certified checks and other evidence of capitalization in the U.S.

Richard Harris Law Firm assists U.S. companies with the TN process. If you have any questions or would like to meet with one of our attorneys, please contact our office at 702.444.4444.