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ENEWS MAILING LIST |
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DISCLAIMER |
This information provided is not intended to replace the advice
of an attorney but is merely provided as a public service. Each
immigration case is different. For more information, consult with
Thomas Esparza, Jr., Board Certified Specialist
in Immigration and Nationality Law with more than 29 years of experience.
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> Information on Work Visas
The North American Free Trade Agreement (NAFTA) allows four categories
of non-immigrants that consist of:
* B1/B2 business visitors;
* E1/E-2 traders and investors;
* L-1 intra-company transferees; and
* TN Professionals NAFTA is available for nationals of the United
States, Canada and Mexico. The L-1 and E1/E/2 non-immigrant categories
are outlined in other sections of the Free Information link on this
web site.
The TN or professional category admits persons seeking to engage
in a business activity in a profession listed in an Appendix of
NAFTA. It provides a listing of the 63 professions with minimum
educational requirements and alternative credentials. Only persons
coming to work in one of these listed professions qualify for the
TN category.
The TN category offers Canadian professionals four advantages:
First, an applicant for this status need not file, and obtain approval
of, a non-immigrant petition with an INS Service Center before entry.
He or she may present the application at a port of entry where processing
generally takes no longer than a few hours.
Second, Canadian TN applicants are not required to obtain approval
of a labor condition application (LCA) from the Department of Labor.
This process generally saves time.
Third, the TN category, unlike the H-1B visa, does not impose a
maximum period stay of six years. Technically, a Canadian professional
may hold TN status indefinitely, as long as he or she continues
to be employed in an appropriate profession on a "temporary"
basis.
Fourth, there is no limitation on the number of Canadian TN's who
may be admitted in a fiscal year. The H-1B category, by contrast,
imposes an annual limitation.
The TN category, however, does not offer Mexican professionals any
obvious advantages over the H-1B visa category. However, for some
Mexican nationals whose jobs are on the Appendix, this is the only
way to qualify for entry to work in the U.S. since their jobs are
not of H-1B caliber.
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