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TN-1 Visa for Canadian or Mexican Nationals

The TN-1 Visa is a special visa classification that allows highly skilled professionals from Canada and Mexico to work in the United States. Some of the occupations that are eligible for the TN-1 Visa include engineers, lawyers, accountants, and medical professionals such as nurses.

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What is a NAFTA (TN-1) Visa?

The TN classification applies to either a Canadian or Mexican national seeking classification as a professional to work in the United States for a temporary one year period and may work in this position by having obtained a degree relating to the offered position or experience combined with education for some positions. The following is a list of the professions and minimum qualifications, which fall under the purview of NAFTA.

PROFESSION MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS
Accountant Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A.
Architect Baccalaureate or Licenciatura Degree; or state/provincial license
Computer Systems Analyst Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years experience
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
Economist Baccalaureate or Licenciatura Degree
Engineer Baccalaureate or Licenciatura Degree; or state/provincial license
Forester Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years experience
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
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
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) L.L.B., J.D., L.L.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 prerequisite)
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
Range Manager/Range Conservationist Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution) Baccalaureate or Licenciatura Degree
Scientific Technician/ Technologist 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
Sylviculturist (including forestry) Baccalaureate or Licenciatura Degree
Technical Publications Writer Baccalaureate or Licenciatura Degree, or post-secondary diploma or post-secondary certificate, and three years experience
Urban Planner (including Geographer) Baccalaureate or Licenciatura Degree
Vocational Counselor Baccalaureate or Licenciatura Degree
MEDICAL/ALLIED PROFESSIONALS
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
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) Baccalaureate or Licenciatura Degree; or post secondary diploma or post secondary certificate, and three years experience
Nutritionist Baccalaureate or Licenciatura Degree
Occupational Therapist Baccalaureate or Licenciatura Degree; or state provincial license
Pharmacist Baccalaureate or Licenciatura Degree; or state provincial license
Physician(teaching or research only) M.D., Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist State/provincial license; or Licenciatura degree
Recreational Therapist Baccalaureate or Licenciatura Degree
Registered Nurse State/provincial license or Licenciatura degree
Veterinarian D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license
SCIENTIST
Agricultural (Agronomist) Baccalaureate or Licenciatura Degree
Animal Breeder Baccalaureate or Licenciatura Degree
Animal Scientist Baccalaureate or Licenciatura Degree
Apiculturist Baccalaureate or Licenciatura Degree
Astronomer Baccalaureate or Licenciatura Degree
Biochemist Baccalaureate or Licenciatura Degree
Chemist Baccalaureate or Licenciatura Degree
Dairy Scientist Baccalaureate or Licenciatura Degree
Entomologist Baccalaureate or Licenciatura Degree
Epidemiologist Baccalaureate or Licenciatura Degree
Geneticist Baccalaureate or Licenciatura Degree
Geochemist Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States) Baccalaureate or Licenciatura Degree
Horticulturist Baccalaureate or Licenciatura Degree
Meteorologist Baccalaureate or Licenciatura Degree
Pharmacologist Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada) Baccalaureate or Licenciatura Degree
Plant Breeder Baccalaureate or Licenciatura Degree
Poultry Scientist Baccalaureate or Licenciatura Degree
Soil Scientist Baccalaureate or Licenciatura Degree
Zoologist Baccalaureate or Licenciatura Degree
TEACHER
College Baccalaureate or Licenciatura Degree
Seminary Baccalaureate or Licenciatura Degree
University Baccalaureate or Licenciatura Degree

TN Nurses (Canadian)

Canadian TN applicant must submit proof of the following:

  1. Canadian citizenship

As proof of Citizenship, a Canadian Passport or Canadian Birth Certificate may be submitted.

A Canadian Applicant may obtain a long form birth certificate by contacting the Registrar of Vital Statistics of the province / territory in which the birth occurred.  A Long Form Birth Certificate is preferred which contains the name, place and date of birth, parental information, date of issue, date of registration, registration number, certificate number, and authorized signature(s). 

  1. Professional Occupation – Registered Nurse

            Among the professions enumerated in the North American Free Trade Agreement (NAFTA) Appendix 1603.D.1, a TN applicant may qualify as a Registered Nurse.  The position must require specialized skill utilizing critical thinking and nursing judgment/knowledge/skills and may not be that of a caretaker, nurse’s aide, or nursing attendant.

  1. Credentials according professional status as an Registered Nurse

NAFTA requires that the minimum educational requirements for a Registered Nurse include a “State/Provincial License or Licenciatura Degree.”

  1. Regulatory Criteria to Work in the U.S. as a Registered Nurse

Regulations require CGFNS Certification.  The CGFNS, Commission on Graduates of Foreign Nursing Schools, administers a Certification Program (CP) for first level general, registered nurses who have been educated outside the United States who want to now practice nursing in the United States.  The Certification Program is comprised of a credentials review, a qualifying exam of nursing knowledge, and an English language proficiency exam. Upon successful completion of all three elements of the program, the applicant is awarded a CGFNS Certificate.

  1. Letter from the prospective U.S. employer

A letter from the U.S. Employer must detail the terms of the employment, including the Employer’s Background, the applicant’s qualifications, the contemplated length of stay and arrangements for remuneration. 

  1. Nonimmigrant Intent

TN status is considered temporary in nature and does not allow “dual intent” which means that the Applicant must prove no intent to immigrate to the U.S. A pending immigrant petition or the presence of a spouse or fiancee/fiancé in the U.S. may preclude a finding of nonimmigrant intent.

  1. Period of Stay

An initial period of stay in the U.S. for a Registered Nurse may be authorized up to 3 years.  If additional period of stay is requested without departing from the United States, a Registered Nurse may seek an extension of stay by filing a petition with USCIS.  Alternatively, an Applicant may depart from the United States before the date of expiration of TN status.  Once abroad, the TN Applicant may apply at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station with another  application for admission as a TN nonimmigrant.

  1. Dependents of TN Nonimmigrants

A spouse and children under the age of 21 may be eligible for TD nonimmigrant status.  Spouses and children are not permitted to work while in the United States, but may study.  TD status is granted for the same period of time granted to the principal TN nonimmigrant.

  1. Self Employment Strictly Prohibited

Self-employment is not allowed on TN visa and work for a company where the applicant is the sole or controlling shareholder or owner is considered self employment and not allowed.  An Applicant with full time employment may not engage in a side hustle or independent contractor work.  Filing U.S. tax returns does not take the place of work authorization.

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