| VISA FOR PROFESSIONALS TN / TN-1 |  |
The North American Free Trade Agreement (NAFTA) allows citizens from Canada and/or Mexico to work in the United States, and American citizens to work in Canada and/or Mexico, in certain professional occupations. The Treaty National visa (TN) is temporary by design. It can be issued for up to three years and can be extended indefinitely from one to three years. There are basically four conditions to this visa:
- The profession is recognized under NAFTA. (see list)
- The applicant meets the specific qualifications for that profession.
- The prospective position requires someone in that professional capacity.
- The applicant has a temporary job offer from a US employer.
If the above conditions are met you can obtain your TN status directly at a Port Of Entry or at the airport. Your spouse and dependants can accompany you but they will not be allowed to work. Don’t be fooled into thinking that this procedure is automatic. The rules are strict and it is important that you get it right the first time.
Here is how we can help!!! LET US BE PART OF YOUR TEAM!
- Immediate and unlimited free consultation;
- Evaluate your credentials;
- Evaluate your job offer;
- Help your prospective employer in the formulation of your job offer;
- Provide you with information and assistance to meet licensure requirements for different American professional corporations;
- Preparation and presentation of file;
- Representation at the border (if needed);
When applying for a TN visa you will have to demonstrate strong ties to Canada and the intent to return there after you work is completed.
Here is a current list of professional occupations along with the educational requirements and alternative credentials required for admission to the United States under the terms of the North American Free Trade Agreement.
Appendix 1603.D.1
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.
Computer Systems Analyst
Baccalaureate or Licenciatura degree; or Post-Secondary Diploma or Post Secondary Certificate 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 post-secondary diploma and three years experience.
Hotel manager
Baccalaureate or Licenciatura degree in hotel/restaurant management; or post-secondary diploma or post-secondary certificate in hotel/restaurant management and three years experience in hotel/restaurant management.
Industrial designer
Baccalaureate or Licenciatura degree; or post-secondary diploma or post-secondary certificate, and three years experience.
Interior designer
Baccalaureate or Licenciatura degree; or post-secondary diploma or post-secondary 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 Québec)
L.L.B., J.D., L.L.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. Baccalaureate or Licenciatura degree.
Mathematician
(including statistician)
Baccalaureate or Licenciatura degree.
Range manager/ Range conservationist
Baccalaureate or Licenciatura degree.
Research assistant
(working in a post-secondary educational institution)
Baccalaureate or Licenciatura degree.
Scientific technician/ technologist
- a theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and
- 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.
Teacher / College or University
Baccalaureate or Licenciatura degree.
Teacher / Seminary
Baccalaureate or Licenciatura degree.
Technical publications writer
Baccalaureate or Licenciatura degree, or post-secondary diploma or post-secondary certificate, and three years experience.
Urban planner
(including geographer)
Baccalaureate or Licenciatura degree.
Vocational counselor
Baccalaureate or Licenciatura degree.
Medical/Allied Professionals
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
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., 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
(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.
Geochemist
Baccalaureate or Licenciatura degree.
Geologist
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.
| VISA FOR INTERNATIONAL PROFESSIONALS H-1B | |
The H-1B visa / status classification allows a foreign worker to enter the US temporarily for the purpose of performing services in a specialty occupation for the US employer.
The H-1B visa / status classification requires that the foreign national have the equivalent of a US Bachelors degree in a field related to that occupation. A foreign national can hold the equivalent of a US Bachelors degree in a related field through education in North America or abroad, or through a combination or education and experience. Foreign degrees must be evaluated by a US professional evaluation service before the H-1B petition can be filed with the (USCIS).The sponsoring companies need to pay the foreign national the prevailing wage, and provide proper notice to its work force. The proposed job must normally require a bachelor’s degree as a minimum for entry into that occupation.
H-1B visa /status can be granted initially for up to three years, and then can be extended for another three years. The maximum amount of time a foreign worker can remain in the US in H-1B visa / status is six years.
Since 2006 there is a numerical cap to the H-1B established at 65,000 visas, not included under this provision are applicants for non-profit organization or holding a masters degree.
H-1B are issued on a world global quota basis October 1st of every year. Employers may therefore file the applications 6 months ahead of time (April 1st) to be sure they are included in the numerical cap.
Canadian and foreign workers on H-1B status have the privilege to apply for US Permanent Residency (GREEN CARD).
Unlike the TN visa, the H-1B recognizes dual intent. That is, even though it is a temporary visa, you will be allowed to show immigrant intent. If your employer wants to keep you for more permanent employment, they can petition the government and you can apply for a US permanent residency (green card).
Viable alternative for TN professionals
Many Canadian professionals on TN’s have convinced their employers to transfer them on H-1Bs (which gives them dual intent), and therefore have been able to successfully obtain their US permanent residency (green card).
Here is how we can help!!! LET US BE PART OF YOUR TEAM!
For the employer:
- Immediate and unlimited free consultation;
- Evaluate the job offer and explain the particular immigration rules and requirements;
- Help formulate a proper job description;
- Help formulate a proper job offer;
- Help and assist with the prevailing wage determination;
For the employee:
- Immediate and unlimited free consultation;
- Evaluate your credentials and work experience;
- Evaluate your references;
- Have foreign diplomas accredited if necessary;
- Provide you with information and assistance to meet licensure requirements for different American professional corporations;
- Prepare and present all the required evidence;
- Ensure that all documents are properly translated;
- Access to your immigration lawyer.
For US permanent residency (green card):
- Help and assist with the Labor Condition Application procedure thru the US Department of Labor;
- Help and assist with posting requirements;
- Petition the USCIS to hire a nonimmigrant worker once the Labor Condition Application is accepted.
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