Trade NAFTA - TN - Status

Applying For A TN

The North American Free Trade Agreement ("NAFTA") makes it easier for Canadian citizens to get immigration status in the United States. One of the more common categories under NAFTA for Canadians who wish to work in the U.S. is the "TN" -Trade NAFTA.

If you're a Canadian citizen wishing to get TN status to work in the U.S., you may apply at a port of entry into the United States, with documentation including:

• Evidence of your Canadian citizenship, such as a passport, birth certificate or Canadian citizenship card
• A job letter from your U.S. employer, outlining the job that's being offered, and the qualifications and duties of the job
• A resume detailing your experience in the field
• An original diploma proving the professional degree
• An original transcript showing your course work in the particular field
• If necessary, reference letters confirming previous experience

If you're flying out of an airport to come to the United States, you must apply the same day as your flight. If you apply at a land border, you can get your TN status and continue into the U.S. or return to Canada to complete your move.

There is a $50.00 application fee and an additional fee of $6.00 for issuing the TN application approval. If applying at an airport, the filing is only $50.00. If approved, you'll receive an "I-94" with the appropriate expiration date of the TN.

Your spouse and children under the age of 21 are entitled to derivative status, known as "TD". As TDs, they are not eligible to work.

As an applicant for TN status, you should be prepared to discuss:

• Proposed duties for the U.S. employer
• Past educational credentials and work experience
• Any past refusals into the United States
• Any past criminal activity

Please note that any past immigration or criminal problems can render someone inadmissible to the United States. If this is the case, you may require a non-immigrant waiver.

Approved Professional Occupations

Positions approved for entry into the United States under NAFTA include:

• Accountant
• Architect
• Computer Systems Analyst
• Disaster Relief Insurance Claims Adjuster
• Economist
• Engineer
• Forester
• Graphic Designer
• Hotel Manager
• Industrial Designer
• Interior Designer
• Land Surveyor
• Landscape Architect
• Lawyer
• Librarian
• Management Consultant
• Mathematician
• Range Manager/Conservationist
• College Research Assistant
• Scientific Technician/Technologist
• Social Worker
• Sylviculturist
• Technical Publications Writer
• Urban Planner (including Geographer)
• Vocational Counselor
• Dentist
• Dietician
• Medical Lab Technologist
• Nutritionist
• Occupational Therapist
• Pharmacist
• Physician
• Physiotherapist/physical therapist
• Psychologist
• Recreational Therapist
• Registered Nurse
• Veterinarian
• Agronomist
• Animal Breeder/Scientist
• Apiculturist
• Astronomer
• Biochemist
• Chemist
• Dairy Scientist
• Entomologist
• Epidemiologist
• Geneticist
• Geochemist
• Geophysicist
• Horticulturalist
• Meteorologist
• Pharmacologist
• Physicist
• Plant Breeder
• Poultry Scientist
• Soil Scientist
• Zoologist
• College Professor
• Seminary Teacher

Most TN professions under the NAFTA schedule require a baccalaureate degree or state/provincial license, while others have an alternate requirement of a post-secondary diploma and three years experience. Only two occupations, management consultant and scientific technician/technologist, do not require any type of educational degree. However, applicants for these two professions are carefully questioned and scrutinized.

Renewing Your TN

TNs are valid for one year and can be renewed indefinitely. TNs can be renewed at any point of entry, although each TN application is considered a new entry regardless of how many TNs the person has been approved for in previous years. Even if you were approved for a TN in the past, there is no guarantee you will be approved again. You may also extend a TN by filing the proper paperwork at the Nebraska Service Center for the Bureau of Citizenship and Immigration Services (previously INS).

When Your TN Is Refused

If your TN application is refused, you can:

• Ask the immigration officer about his or her concerns, and whether another classification might be more appropriate
• Ask the immigration officer if more detailed documentation as to the technical nature of the job might overcome the refusal
• Apply again with better documentation to prove your eligibility for the requested TN classification. If you need to apply at a different point of entry, be prepared to answer questions about why you are applying at another point of entry.
• Request an Advisory Opinion from the Central Office, Office of Business Liaison for a particular point of interpretation (although this could be lengthy and impractical.

Andrew M. Wilson is an immigration attorney practicing in New York. He is a member of the Serotte Reich & Wilson, LLP firm, and can be reached at awilson@srwlawyers.com .

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