TN Visa--Important Update
First, some basic background--the TN professional worker classification is a visa category available to eligible Canadians and Mexicans who have at least a bachelor's degree or appropriate professional credentials AND who work in certain specific qualified fields described within the North American Free Trade Agreement (NAFTA). The NAFTA treaty actually goes so far as to specify 65 occupational titles that qualify for the TN category, including (but not limited to) the following: accountant, architect, economist, hotel manager, interior designer, landscape architect, lawyer, management consultant, social worker, dentist, teachers and a slew of science-related professions.
In order to be granted TN status the applicant must present a letter at the port of entry from their prospective U.S. employer (along with other basic application materials) detailing the following:
- the specific professional position for which the applicant qualifies;
- the occupational activities in which the applicant will be engaged;
- the applicant's anticipated length of stay in the U.S.;
- educational or professional qualifications which qualify the applicant for the professional position; and
- a description of how the worker will be paid.
In relation to the third bullet point shown above, it is important to realize that in order to successfully obtain TN status every applicant must first be able to demonstrate to the inspecting officer that they eventually intend to return to their home country. ie., The applicant cannot intend to remain indefinitely in the U.S. The employment letter should describe a finite period of time the applicant will remain in the U.S. Unlike the H-1B visa, the TN category is not a dual-intent visa.
OK--now on to the exciting new developments: The USCIS just announced a final rule increasing the maximum period of time a TN professional worker from Canada or Mexico may remain in the United States in TN status before needing seek readmission or obtain an extension of stay. In the past, the maximum period of admission in TN status was one year. This meant frequent trips back and forth to the border for the TN professional and considerable amounts of uncertainty for both the employer and the professional. Now, under the new rule, TN status may be granted for a maximum of three years. I can hear the sighs of relief already...
I'm often critical of our government's immigration policies, so I need to give credit when it's due. Changing the maximum period of stay for those in TN status from one year to three years is a simple and effective improvement which will allow both employers and employees to plan their business and personal lives in a more realistic manner. Well done by all involved.
