QUALIFYING FOR TN VISA STATUS IN THE U.S.A.

The TN Temporary Visa is a creation of the North American Free Trade Agreement, and to qualify for a TN Visa, the proposed conduct must be set forth in Schedule 2 of Annex 1603, that being a list of included and approved Professions, along with minimum qualifications.

The TN Visa Applicant be a member of one of the Professions listed in Schedule 2, and the Applicant must also meet the minimum education and experience requirements set forth therein. There is no allowance made for other or similar or equivalent education or experience unless otherwise stated in Schedule 2.

The Applicant, in order to qualify for the TN Visa, must be engaged in one of the Professional activities, and a like U.S. activity must be arranged in advance, to be performed in the U.S. for a U.S. business entity, firm, or individual.

The TN Visa, as mentioned above, is available to Canadian citizens, and it is of course, temporary in nature, having a duration of one year.

Frequent renewals of TN Visas are necessary in many cases, and, yes, are possible.

And, although the TN Visa Applicant need not maintain an abode in Canada, he or she must, however, possess a non-immigrant intent.

The TN Visa, once issued, is valid for employment in the U.S., DC, and Puerto Rico.

Customary documents necessary to establish eligibility include:

(1) Proof of Applicant’s citizenship,
(2) The same sort of items required in the B-1 category to establish a nexus to Canada,
(3) All valid Professional licenses, if any,
(4) Proof of Applicant’s education, including degrees, transcripts, awards, etc.
(5) If the education is other than Canadian or U.S., then, a credential evaluation to establish equivalency is also necessary,
(6) Evidence of all Applicant’s experience, usually in the form of verification letters,
(7) Personal and financial references, again, in letter form,
(8) Documentation to specify the type and nature of Applicant’s intended temporary U.S. business activity for the prospective U.S. employer consistent with NAFTA,
(9) Documentation concerning the U.S. employer’s business and ability to pay the Applicant, consistent with NAFTA,
(10) Documentation concerning Applicant’s prospective U.S. remuneration for services to be rendered on a strict W-2 or other basis, consistent with NAFTA,
(11) Documentation concerning the temporary nature of Applicant’s U.S. services, up to one year in duration,
(12) Any other pertinent information, including, for example, proof of Applicant’s past annual income, membership in professional groups, and the like, and documentation to verify that there is no strike or lockout at the prospective U.S. employer.

As a footnote, it should be mentioned that special problems are involved in the area of Management Consultants. Requirements in this category are strictly enforced, and, recently, the U.S. Immigration Service has announced that in the usual course, a two year cap will be placed on all TN Management Consultants working with the same U.S. employer. This is because the INS sees this position as essentially supernumerary in nature.

Schedule 2 is set forth below by Profession, with minimum requirements.