Immigration.com - Canadian TN Nonimmigrant pursuant To NAFTA

SECTION FIVE

Canadian TN Nonimmigrant pursuant To NAFTA

8 CFR 214.6 - TN Professionals 123
Requirements for admission 134
Extension of Stay 138
Change of/or additional employer 138
Spouse and children 139
Denial of "TN" application for admission 139
TN Processing Summary 140
TN Information Handout 141

8 CFR Sec. 214.6 Canadian and Mexican citizens seeking temporary entry to engage in business

activities at a professional level. (Sec. 214.6 revised 1/1/94; 58 FR 69212)

(a) General. Under Section 214(e) of the Act, 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).

(b) Definitions. As used in this section, the terms:

Business activities at a professional level means those undertakings which require that, for successful

completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as

a professional in a profession set forth in Appendix 1603.D.1 of the NAFTA.

Business person, as defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of

goods, the provision of services, or the conduct of investment activities.

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.

Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence.

The alien 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 alien's

entry will be temporary, the alien 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. (Paragraph (b) revised 1/9/98; 63 FR 1331)

under this section shall demonstrate 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: 1/

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.

--Range Manager/Range Conservationist--Baccalaureate or

Licenciatura Degree.

--Research Assistant (working in a post-secondary educational

institution)--Baccalaureate or Licenciatura Degree.

--Scientific Technician/Technologist 5/--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) 6/--

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.

(d) Classification of citizens of Mexico as TN professionals under the NAFTA.

(1) General. A United States employer seeking to classify a citizen of Mexico as a TN professional temporary

employee shall file a petition on Form I-129, Petition for Nonimmigrant Worker, with the Northern Service

Center, even in emergent circumstances. The petitioner may submit a legible photocopy of a document in

support of the visa petition in lieu of the original document. The original document shall be submitted if

requested by the Service.

(2) Supporting documents. A petition in behalf of a citizen of Mexico seeking classification as a TN professional

shall be accompanied by:

(i) A certification from the Secretary of Labor that the petitioner has filed the appropriate documentation with the

Secretary in accordance with section (D)(5)(b) of Annex 1603 of the NAFTA.

(ii) Evidence that the beneficiary meets the minimum education requirements or alternative credentials

requirements of Appendix 1603.D.1 of Annex 1603 of the NAFTA as set forth in Sec. 214.6(c). This

documentation may consist of licenses, degrees, diplomas, certificates, or evidence of membership in

professional organizations. Degrees, diplomas, or certificates received by the beneficiary from an educational

institution not located within Mexico, Canada, or the United States must be accompanied by an evaluation by a

reliable credentials evaluation service which specializes in evaluating foreign educational credentials. Evidence

of experience should consist of letters from former employers or, if formerly self-employed, business records

attesting to such self-employment; and

(iii) A statement from the prospective employer in the United States specifically stating the Appendix 1603.D.1

profession in which the beneficiary will be engaging and a full description of the nature of the duties which the

beneficiary will be performing. The statement must set forth licensure requirements for the state or locality of

intended employment or, if no license is required, the non-existence of such requirements for the professional

activity to be engaged in.

(iv) Licensure for TN classification.

(A) General. If the profession requires a state or local license for an individual to fully perform the duties of that

profession, the beneficiary for whom TN classification is sought must have that license prior to approval of the

petition and evidence of such licensing must accompany the petition.

(B) Temporary licensure. If a temporary license is available and the beneficiary would be allowed to perform the

duties of the profession without a permanent license, the director shall examine the nature of the duties, the

level at which the duties are performed, the degree of supervision received, and any limitations which would be

placed upon the beneficiary. If an analysis of the facts demonstrates that the beneficiary, although under

supervision, would be fully authorized to perform the duties of the profession, TN classification may be granted.

individual to fully practice a profession under the supervision of licensed senior or supervisory personnel in that

profession. In such cases, the director shall examine the nature of the duties and the level at which they are to

be performed. If the facts demonstrate that the beneficiary, although under supervision, would fully perform the

duties of the profession, TN classification may be granted.

(D) Registered nurses. The prospective employer must submit evidence that the beneficiary has been granted a

permanent state license, a temporary state license or other temporary authorization issued by a State Board of

Nursing authorizing the beneficiary to work as a registered or graduate nurse in the state of intended

employment in the United States.

(3) Approval and validity of petition.

(i) Approval. The director shall notify the petitioner of the approval of the petition on Form I-797, Notice of Action.

The approval notice shall include the beneficiary's name, classification, Appendix 1603.D.1 profession, and the

petition's period of validity.

(ii) Recording the validity of petitions. Procedures for recording the validity period of petitions are:

(A) If the petition is approved before the date the petitioner indicates that employment will begin, the approved

petition and approval notice shall show the actual dates requested by the petitioner as the validity period, not to

exceed the limits specified by paragraph (d)(3)(iii) of this section.

(B) If the petition is approved after the date the petitioner indicates employment will begin, the approved petition

and approval notice shall show a validity period commencing with the date of approval and ending with the date requested by the petitioner, as long as that date does not exceed the limits specified by paragraph (d)(3)(iii) of

this section.

this section, the petition shall be approved only up to the limit specified in that paragraph.

(iii) Validity. An approved petition classifying a citizen of Mexico as a TN nonimmigrant shall be valid for a

period of up to one year.

(4) Denial of petition.

(i) Notice of intent to deny. When an adverse decision is proposed on the basis of derogatory information of

which the petitioner is unaware, the director shall notify the petitioner of the intent to deny the petition and the

basis for the denial. The petitioner may inspect and rebut the evidence and will be granted a period of thirty days

in which to do so. All relevant rebuttal material will be considered in making a final decision.

(ii) Notice of denial. The petitioner shall be notified of the decision, the reasons for the denial, and the right to

appeal the denial under Part 103 of this chapter.

(5) Revocation of approval of petition.

(i) General.

(A) The petitioner shall immediately notify the Service of any changes in the terms and conditions of

employment of a beneficiary which may effect eligibility under Section 214(e) of the Act or Sec. 214.6. An

amended petition should be filed when the petitioner continues to employ the beneficiary. If the petitioner no

longer employs the beneficiary, the petitioner shall send a letter explaining the change(s) to the director who

approved the petition.

(B) The director may revoke a petition at any time, even after the validity of the petition has expired.

(ii) Automatic revocation. The approval of an unexpired petition is automatically revoked if the petitioner goes

out of business, files a written withdrawal of the petition, or notifies the Service that the beneficiary is no longer

employed by the petitioner.

(iii) Revocation on notice.

(A) Grounds for revocation. The director shall send to the petitioner a notice of intent to revoke the petition in

relevant part if he or she finds that:

((1)) The beneficiary is no longer employed by the petitioner in the capacity specified in the petition;

((2)) The statement of facts contained in the petition were not true and correct;

((3)) The petitioner violated the terms or conditions of the approved petition;

((4)) The petitioner violated requirements of Section 214(e) of the Act or Sec. 214.6; or

((5)) The approval of the petition violated Sec. 214.6 or involved gross error.

(B) Notice and decision. The notice of intent to revoke shall contain a detailed statement of the grounds for the

revocation and the time period allowed for the petitioner's rebuttal. The petitioner may submit evidence in

rebuttal within thirty days of the date of the notice. The director shall consider all relevant evidence presented in

deciding whether to revoke the petition.

(6) Appeal of a denial or revocation of a petition.

(i) Denial. A denied petition may be appealed under Part 103 of this chapter.

(ii) Revocation. A petition that has been revoked on notice may be appealed under Part 103 of this chapter.

Automatic revocations may not be appealed.

(7) Numerical limit.

(i) Limit on number of petitions to be approved in behalf of citizens of Mexico. Beginning on the date of entry into

force of the NAFTA, not more than 5,500 citizens of Mexico can be classified as TN nonimmigrants annually.

(ii) Procedures.

(A) Each citizen of Mexico issued a visa or otherwise provided TN nonimmigrant status under Section 214(e) of

the Act shall be counted for purposes of the numerical limit. Requests for petition extension or extension of the

alien's stay and submissions of amended petitions shall not be counted for purposes of the numerical limit. The

spouse and children of principal aliens classified as TD nonimmigrants shall not be counted against the

numerical limit.

(B) Numbers will be assigned temporarily to each Mexican citizen in whose behalf a petition for TN classification

has been filed. If a petition is denied, the number originally assigned to the petition shall be returned to the

system which maintains and assigns numbers.

States, the petitioner shall notify the service center director who approved the petition that the number has not

been used. The petition shall be revoked pursuant to paragraph (d)(5)(ii) of this section and the unused number

shall be returned to the system which maintains and assigns numbers.

(D) If the total annual limit has been reached prior to the end of the year, new petitions and the accompanying

fee shall be rejected and returned with a notice stating that numbers are unavailable for Mexican citizen TN

nonimmigrants and the date when numbers will again become available.

(e) Classification of citizens of Canada as TN professionals under the NAFTA.

(1) General. Under Section 214(e) of the Act, a citizen of Canada 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 NAFTA.

(2) Application for admission. A citizen of Canada seeking admission under this section shall make application

for admission with an immigration officer at a United States Class A port of entry, at a United States airport

handling international traffic, or at a United States pre-clearance/pre-flight station. No prior petition, labor

certification, or prior approval shall be required.

(3) Evidence. A visa shall not be required of a Canadian citizen seeking admission as a TN nonimmigrant under

Section 214(e) of the Act. Upon application for admission at a United States port of entry, an applicant under

this section shall present the following:

(i) Proof of Canadian citizenship. Unless travelling from outside the Western hemisphere, no passport shall be

required; however, an applicant for admission must establish Canadian citizenship.

(ii) Documentation demonstrating engagement in business activities at a professional level and demonstrating

professional qualifications. The applicant must present documentation sufficient to satisfy the immigration officer

at the time of application for admission, that the applicant is seeking entry to the United States to engage in

business activities for a United States employer(s) or entity(ies) at a professional level, and that the applicant

meets the criteria to perform at such a professional level. This documentation may be in the form of a letter from

the prospective employer(s) in the United States or from the foreign employer, in the case of a Canadian citizen

seeking entry to provide prearranged services to a United States entity, and may be required to be supported by

licenses, diplomas, degrees, certificates, or membership in a professional organization. Degrees, diplomas, or

certificates received by the applicant from an educational institution not located within Canada, Mexico, or the

United States must be accompanied by an evaluation by a reliable credentials evaluation service which

specializes in evaluating foreign educational credentials. The documentation shall fully affirm:

(ii) (A) The Appendix 1603.D.1 profession of the applicant;

�� (B) A description of the professional activities, including a brief summary of daily job duties, if appropriate, which

the applicant will engage in for the United States employer/entity;

(D) The educational qualifications or appropriate credentials which demonstrate that the Canadian citizen has

professional level status;

(E) The arrangements for remuneration for services to be rendered; and

(F) If required by state or local law, that the Canadian citizen complies with all applicable laws and/or licensing

requirements for the professional activity in which they will be engaged.

(f) Procedures for admission.

(1) Canadian citizens. A Canadian citizen who qualifies for admission under this section shall be provided

confirming documentation (Service Form I-94) and shall be admitted under the classification symbol TN for a

period not to exceed one year. Form I-94 shall bear the legend "multiple entry". The fee prescribed under Sec.

103.7(b) of this chapter shall be remitted upon admission to the United States pursuant to the terms and

conditions of the NAFTA. Upon remittance of the prescribed fee, the Canadian citizen applicant shall be

provided a Service receipt (Form G-211, Form G-711, or Form I-797).

(2) Mexican citizens. The Mexican citizen beneficiary of an approved Form I-129 granting classification as a TN

professional shall be admitted to the United States for the validity period of the approved petition upon

presentation of a valid TN visa issued by a United States consular officer and a copy of the United States

employer's statement as described in paragraph (d)(2)(iii) of this section. The Mexican citizen shall be provided

Form I-94 bearing the legend "multiple entry".

(g) Readmission.

(1) Canadian citizens. A Canadian citizen in this classification may be readmitted to the United States for the

remainder of the period authorized on Form I-94, without presentation of the letter or supporting documentation

described in paragraph (e)(3) of this section, and without remittance of the prescribed fee, provided that the

original intended professional activities and employer(s) have not changed. If the Canadian citizen seeking

readmission to the United States is no longer in possession of a valid, unexpired Form I-94, and the period of

initial admission has not lapsed, he or she shall present alternate evidence in order to be readmitted in TN

status. This alternate evidence may include, but is not limited to, a Service fee receipt for admission as a TN or

a previously issued admission stamp as TN in a passport, and a confirming letter from the United States

employer(s). A new Form I-94 shall be issued at the time of readmission bearing the legend "multiple entry".

(2) Mexican citizens. A Mexican citizen in this classification may be readmitted for the remainder of the period

of time authorized on Form I-94 provided that the original intended professional activities and employer(s) have

not changed. If the Mexican citizen seeking readmission to the United States is no longer in possession of a

valid, unexpired Form I-94, he or she may be readmitted upon presentation of a valid TN visa and evidence of a

previous admission. A new Form I-94 shall be issued at the time of readmission bearing the legend "multiple

entry".

(h) Extension of stay.

(1) Mexican citizen. The United States employer shall apply for extension of the Mexican citizen's stay in the

United States by filing Form I-129 with the Northern Service Center. The applicant must also request a petition

extension. The request for extension must be accompanied by either a new or a photocopy of the prior

certification on Form ETA 9029, in the case of a registered nurse, or Form ETA 9035, in all other cases, that the

petitioner continues to have on file with the Department of Labor for the period of time requested. The dates of

extension shall be the same for the petition and the beneficiary's extension of stay. The beneficiary must be

physically present in the United States at the time of the filing of the extension of stay. Even though the requests

to extend the petition and the alien's stay are combined on the petition, the director shall make a separate

determination on each. If the citizen of Mexico is required to leave the United States for business or personal

reasons during the pendency of the extension request, the petitioner may request the director to cable notification of the approval of the petition to the consular office abroad where the beneficiary will apply for a visa.

An extension of stay may be authorized for up to one year. There is no specific limit on the total period of time a

citizen of Mexico may remain in TN status.

(2) Canadian citizen.

(i) Filing at the service center. The United States employer of a Canadian citizen in TN status or United States

entity, in the case of a Canadian citizen in TN status who has a foreign employer, may request an extension of

stay by filing Form I-129 with the prescribed fee, with the Northern Service Center. The beneficiary must be

physically present in the United States at the time of the filing of the extension of stay. If the alien is required to

leave the United States for business or personal reasons while the extension request is pending, the petitioner

may request the director to cable notification of approval of the application to the port of entry where the

Canadian citizen will apply for admission to the United States. An extension of stay may be authorized for up to

one year. There is no specific limit on the total period of time a citizen of Canada may remain in TN status.

(ii) Readmission at the border. Nothing in paragraph (h)(2)(i) of this section shall preclude a citizen of Canada

who has previously been in the United States in TN status from applying for admission for a period of time which

extends beyond the date of his or her original term of admission at any United States port of entry. The

application for admission shall be supported by a new letter from the United States employer or the foreign

employer, in the case of a Canadian citizen who is providing prearranged services to a United States entity,

which meets the requirements of paragraph (e)(3)(ii) of this section. The fee prescribed under Sec. 103.7(b) of

this chapter shall be remitted upon admission to the United States pursuant to the terms and conditions of the

NAFTA.

(i) Request for change or addition of United States employer(s).

(1) Mexican citizen. A citizen of Mexico admitted under this paragraph who seeks to change or add a United

States employer must have the new employer file a Form I-129 petition 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 for remuneration for services and evidence of required filing with

the Secretary of Labor. Employment with a different or with an additional employer is not authorized prior to

Service approval of the petition.

(2) Canadian citizen.

(i) Filing at the service center. A citizen of Canada admitted under this paragraph 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 petition

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 for remuneration for services.

Employment with a different or with an additional employer is not authorized prior to Service approval of the

petition.

(ii) Readmission at the border. Nothing in paragraph (i)(2)(i) of this section precludes a citizen of Canada from

applying for readmission to the United States for the purpose of presenting documentation from a different or

additional United States or foreign employer. Such documentation shall meet the requirements prescribed in

paragraph (e)(3)(ii) of this section. The fee prescribed under Sec. 103.7(b) of this chapter shall be remitted upon

admission to the United States pursuant to the terms and conditions of the NAFTA.

(3) No action shall be required on the part of a Canadian or Mexican citizen who is transferred to another

location by the United States employer to perform the same services. Such an acceptable transfer would be to a