Visa Solutions for Highly Skilled Workers

For highly skilled workers or professionals to work or immigrate to the United States, application for H1B visa, H1B1 visa, TN visa or Program Electronic Review Management (PERM) may be considered an option. H1B visa, H1B1 visa and TN visa are non-immigrant visas, while PERM is the first stage for obtaining a PERM-based immigrant visa or green card. VISA2US provides streamlined online application solutions for H1B visa, H1B1 visa, TN visa and PERM.

What is TN visa?

TN visa was established by the North American Free Trade Agreement (NAFTA), which intends to strengthen the economic and trade ties among the U.S., Canada and Mexico. TN visa enables Canadian and Mexican citizens to engage in business activities at a professional level for a United States-based company. NAFTA sets forth a list of approved professions and minimum qualifications, education and/or experience for each profession.

TN visa is a non-immigration visa and unlike H-1B visa, TN visa not a dual intent visa, meaning TN visa applicants must be able to show the intent to return to the home country once TN visa expires. TN visa can be granted for up to 3 years and can be renewed for another 3 years period. There is no limit on the number of renewal. Also, there is no cap on the number of TN visa that will be granted each year.

Qualification

  • You are a citizen of Canada or Mexico;
  • Permanent residents of Canada and Mexico are not eligible to apply for TN visas.
  • Your profession is on the NAFTA job list (see below) and your education and/or credentials meet the qualification specified for each profession on the list;
  • The position in the United States requires a NAFTA professional; and
  • You have been offered a full-time or part-time job by a U.S. employer; self-employment is not allowed.

You need to provide a contract or a letter of employment from the employer and such contract or letter should specify:

  • your purpose of entry,
  • a detailed description of your job responsibilities,
  • your anticipated length of stay,
  • your education or credentials demonstrating your professional status,
  • evidence affirming your compliance with Department of Homeland Security regulations and state laws, and
  • your payment arrangement.

NAFTA Job List

The approved occupations for TN visa and education requirements and credential for each occupation are set forth in Appendix 1603.D.1 of NAFTA Treaty and reproduced at 8 CFR 214.6(c). There are four categories in general: (1) general professions, (2) medical/allied professionals, (3) scientists and (4) teachers. The table below illustrates the detailed requirements for each job.

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.

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 or Post-Secondary Certificate 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 Quebec)

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.

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

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 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 (Canada)/ Medical Technologist (Mexico and the United States)

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 (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.

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.

Teacher
College

Baccalaureate or Licenciatura Degree.

Seminary

Baccalaureate or Licenciatura Degree.

University

Baccalaureate or Licenciatura Degree.

Period of Stay (Validity) and Grace Period

TN visa can be granted for up to 3 years and can be renewed in 3 years increment with unlimited times. Once TN visa is approved, the applicant may start to work.

As of January 17, 2017, a new ruling has been established to provide TN visa holders two grace periods: 1. a 10-day grace period and 2. a 60-day grace period. TN visa holders now can travel to the U.S. 10 days prior to the actual start date of the TN visa validity period and can stay in the U.S. for 10 days after the end of TN validity period. 60-day grace period aims for a different function. If a TN visa holder’s employment is terminated early and the termination happens during the validity period of TN visa, the TN visa holder can receive a 60-day grace period or until the end of TN visa validity period, whichever is shorter.

TN visa holders may try to find a new job, change their status or prepare to depart the U.S. during the grace periods. Employment is not authorized during the grace periods. TN visa holders can begin to work until newly filed petition is approved.

Dependents of TN Holders

Spouses and children under the age of 21 accompanying or following to join a TN visa holder may apply for TD non-immigration status. Spouses and children who are Canadian citizens do not need a visa. Spouse and children who are not Canadian citizens must apply for TD visa. Spouses and children who are Mexican citizens must apply for TD visa, as well. They are not allowed to work in the U.S, unless otherwise authorized, but they are permitted to study. Their TD status will not be granted for longer than the principal TN visa holder.