Are you a Mexican or Canadian professional who is looking for a way to work in the United States? If so, you're in luck! As part of the North American Free Trade Agreement (NAFTA), citizens of Mexico and Canada have an additional immigration option available to them that is easier and faster to obtain that many other work visas. Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. Since 1994, NAFTA has created special economic and trade relationships for the United States, Canada, and Mexico.
The non-immigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. However, Permanent Residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals.
ELIGIBILITY
Canadian and Mexican citizens may be eligible to work in the United States as NAFTA professionals under the following conditions:
The Applicant is a citizen of Canada or Mexico;
The Applicant’s job is in an eligible profession on the NAFTA list (See Appendix 1603.D.1: Professionals);
The United States job requires a NAFTA professional;
The Applicant will work in a prearranged full-time or part-time job for a US (self employment is not permitted); and
The Applicant has the qualifications; and meets the specific requirements, education, and/or experience, of the profession.
With some exceptions, each profession requires a baccalaureate (bachelor’s) degree as an entry-level requirement. If a baccalaureate degree is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor’s degree is listed.
For some professions, experience is required in addition to the degree.
COUNTRY-SPECIFIC REQUIREMENTS
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified Canadian TN visa applicants upon request. A Canadian citizen without a TN visa can apply for TN non-immigrant status at a U.S. port-of-entry. This means that the applicant will meet with a Customs and Border Protection (CBP) agent before their flight to the US, or at a border crossing. Please at least several hours for the interview, and call ahead for an appointment if you are considering a land crossing. In general, the wait times to meet with an officer may take longer during weekends or holidays, and if there are other higher-priority security incidents to which the officers need to attend.
Mexican citizens require TN visas to request admission to the United States in this status, meaning that they will have to submit a DS-160 to the Department of State, and attend a visa interview at a consulate in Mexico.
NAFTA PROFESSIONS LIST
Below is the list of eligible professions and the minimum education requirements/alternative credentials for the TN visa.
Appendix 1603.D.1: Professionals
PROFESSION 1 | MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS |
General | |
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 2 |
Computer Systems Analyst | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma 3 or PostSecondary Certificate 4 , 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 PostSecondary Diploma or PostSecondary Certificate, and three years experience |
Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
Industrial Designer | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
Interior Designer | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary 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) | LL.B., J.D., LL.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 a 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 Conservationalist | Baccalaureate or Licenciatura Degree |
Research Assistant (working in a post-secondary educational institution) | Baccalaureate or Licenciatura Degree |
Scientific Technician/Technologist 5 | 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 Specialist) | Baccalaureate or Licenciatura Degree |
Technical Publications Writer | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
Urban Planner (including Geographer) | Baccalaureate or Licenciatura Degree |
Vocational Counsellor | Baccalaureate or Licenciatura Degree |
Medical/Allied Professional | |
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) 6 | 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. or 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 | |
Agriculturist (including 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 |
Biologist | 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 |
Geologist | 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 |
ABOUT NAFTA
Since NAFTA became effective on January 1, 1994, U.S. exports to Canada and Mexico support more than three million American jobs and U.S. trade with NAFTA partners has unlocked opportunity for millions of Americans by supporting Made-in-America jobs and exports.
As the the United States’ two largest export markets, Canada and Mexico buy more Made-in-America goods and services than any other countries in the world. Since its entry into force, U.S. manufacturing exports to NAFTA have increased 258% and the United States maintains a growing manufacturing trade surplus with Canada and Mexico. American exports of computer and electronic products, furniture, paper, and fabricated metals have all more than tripled since NAFTA implementation.
WHAT NEXT?
To find out if you qualify for the TN visa, and how to complete an application, schedule a complimentary 15-minute consultation or a more in-depth 30-minute Discovery Session with The Grady Firm’s attorneys by booking a call online, or calling +1 (949) 940-6725.
The Grady Firm has offices in Southern California, and its attorneys work remotely with clients from around the globe, especially from Canada and Mexico. We also specialize in helping foreign entrepreneurs establish viable businesses in the United States. Se habla español.
*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular case, as each case has its own set of circumstances and must be evaluated individually by and attorney and USCIS.
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