Rules for TN Professionals
The regulations for TN workers can be found at 8 USC s. 214.6.
Citizens of Canada or Mexico seeking temporary entry under NAFTA to engage in business activities at a professional level
A citizen of Canada or Mexico who seeks temporary entry as a business person to engage in business activities at a professional level may be admitted to the United States in accordance with the North American Free Trade Agreement (NAFTA). The category of admission is TN.
Engage in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner.
The United States entity can arrange for compensation of the TN professional using any of the following methods:
- 1. The TN professional can be on payroll and paid a wage by the United States employer
- 2. A self-employed professional can enter into a service contract with a United States entity for the provision of professional services.
- 3. A professional who is employed by a foreign employer can be sent to the U.S. pursuant to a contract between a U.S. entity and the foreign employer.
Temporary entry required. The professional must enter without the intent to establish permanent residence. The professional must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the professional worker’s entry will be temporary, the worker must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.
There is no specific limit on the total period of time an alien may be in TN status provided the alien continues to be engaged in TN business activities for a U.S. employer or entity at a professional level, and otherwise continues to properly maintain TN nonimmigrant status.
The professional worker must show that he or she will engage in business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603. The professions in Appendix 1603.D.1 and the minimum requirements for qualification for each are as follows:
- Appendix 1603.D.1 (Annotated)
- 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 2/ .
- Computer Systems Analyst–Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma 3/ or Post Secondary Certificate 4/ 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. 5/ (Footnote added effective 11/12/04; 69 FR 60939 )
- Range Manager/Range Conservationist–Baccalaureate or Licenciatura Degree.
- Research Assistant (working in a post-secondary educational institution)–Baccalaureate or Licenciatura Degree.
- Scientific Technician/Technologist 6/ –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. (Footnote redesginated as 6/, previously 5/ effective 11/12/04; 69 FR 60939 )
- 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) 7/ –Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate,and three years experience. (Footnote redesignated as 7/, previously 6/, effective 11/12/04; 69 FR 60939 )
- 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. 8/ (Footnote added effective 11/12/04; 69 FR 60939 )
- 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.
Request for change or addition of United States employers –A citizen of Canada or Mexico admitted into the United States as a TN nonimmigrant who seeks to change or add a United States employer during the period of admission must have the new employer file a Form I-129 with appropriate supporting documentation, including a letter from the new employer describing the services to be performed, the time needed to render such services, and the terms of remuneration for services. Employment with a different or with an additional employer is not authorized prior to Department approval of the request. Alternatively the TN nonimmigrant can exit the U.S. and apply for readmission in TN classification for another employer.
No action shall be required on the part of a citizen of Canada or Mexico in TN status who is transferred to another location by the same United States employer to perform the same services. Such an acceptable transfer would be to a branch or office of the employer. This is not the case when the worker is transferred to a separately incorporated subsidiary or affiliate. In that case the worker must either present a new application at the border or file a change of employer petition.
Spouse and unmarried minor children accompanying or following to join The spouse or unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status, if otherwise admissible, may be admitted initially, readmitted, or granted a change of nonimmigrant status or an extension of his or her period of stay for the same period of time granted to the TN nonimmigrant. Such spouse or unmarried minor children shall, upon approval of an application for admission, readmission, change of status or extension of stay be classified as TD nonimmigrants.
The spouse and unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall not accept employment in the United States.
Footnotes
1/ A business person seeking temporary employment under this Appendix may also perform training functions relating to the profession, including conducting seminars.
2/ The terms “state/provincial” and “State/provincial/federal license” mean any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.
3/ “Post Secondary Diploma” means a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.
4/ “Post Secondary Certificate” means a certificate issued, on completion of two or more years of post secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or academic institution created by federal or state law.
5/ The term “Mathematician” includes the profession of Actuary. An Actuary must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society. A professional actuarial association or society means a professional actuarial association or society operating in the territory of at least one of the Parties. (Added effective 11/12/04; 69 FR 60939 )
6/ A business person in this category must be seeking temporary entry for work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics. (Footnote redesignated as 6/, previously 5/ effective 11/12/04; 69 FR 60939 )
7/ A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment, or prevention of diseases. (Footnote redesignated as 7/, previously 6/ effective 11/12/04; 69 FR 60939 )
8/ The term “Biologist” includes the profession of Plant Pathologist. (Added effective 11/12/04; 69 FR 60939 )
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