Immigration and Nationality Law Specialist 

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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.
 
 
 



> 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.



1811 South First Street . Austin, Texas 78704  |  Phone (512) 441-0062  |  Fax (512) 441-0725  |  Email tom@tomesparza.com

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