THE HOLT LAW GROUP

TN: North American Free Trade Agreement (NAFTA)

NAFTA is a treaty between Mexico, Canada & the U.S. to facilitate trade & business deals among member nations. The treaty allows certain nonimmigrant & special visa classification for professionals and citizens of Mexico or Canada that enter the U.S. to engage in professional employment. Generally NAFTA provides for business entries in 5 categories: B-1, E-1, H-1, L-1 & TN status.

Under NAFTA, Canadian citizens do not need visas prior to U.S. entry, with the exception of the E visa. Visitors & TN workers may be issued entry without prior adjudication or application. H-1B workers just present approval notices with supporting documentation and then are admitted without a visa. L-1 applicants may be adjudicated directly at qualifying ports of entry. E visa holders must still apply for the visa at the appropriate consulate.

NAFTA created the TN classification. To apply Canadian citizens must come to the U.S. to work in a professional occupation listed in the NAFTA designated schedule.

The TN classification is granted in one year increments only and applications are made at the border inspection point in advance or usually on the day of entry.

TN qualifying professions are extensive, but are limited to the scheduled occupations. With exceptions, professions require a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted. In some professions, alternative criteria to a bachelor's is listed. For others, experience and a degree are required.

Dependents:

Spouses and unmarried children under 21 qualify for dependent status for the same period of time. They are issued TD status. Dependents may not work in the U.S. but may attend school.