TN status is available to citizens of Canada and Mexico (Not permanent residents) working in the professions identified under the North American Free Trade Agreement (NAFTA).
To qualify for TN status an applicant must:
- Be a Citizen of Canada or Mexico;
- Be employed or have an offer of employment in a profession listed under NAFTA for a U.S. employer or Canadian employer to perform services within the U.S.;
- Meet the education and or experience requirements for the profession as listed under NAFTA;
- Must demonstrate non-immigrant intent and ties to their home country; AND
- Must be otherwise admissible to the U.S.
The above list provides the basic requirements for obtaining TN status to work within the U.S. Although the requirements appear to be straight forward, they are more complex than they appear. An applicant for a TN visa should expect a thorough review of the documents presented and in-depth scrutiny from the interviewing officer. When analyzing an application for TN status, the inspecting officer will review all presented documents in detail and ask questions of the applicant before they determine admissibility in TN status. The offered position along with title, detailed duties, and job requirements must closely fit a TN profession, as listed under NAFTA. Any discrepancies can lead to further questioning, refusal, or even a denial. The applicant must also possess the required education and/or experience for the profession, as listed under NAFTA. If the education was not obtained in a closely related field, or the applicant misses the experience requirement by even one (1) day, the application could be denied. Applying for work authorization under TN status is a serious process that should not be taken lightly. Even if you think you have a solid TN application, it is best to have a licensed U.S. attorney experienced in TN visa processing review your materials be submission.