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The TN visa is intended for business activities at a professional level under the North American Free Trade Agreement for citizens of Canada and Mexico only, and may be admitted initially for up to one year; extensions of stay may be granted in increments of no more than one year at a time. Statutorily, there is no limit on the duration of time an individual can be in TN status.

TN visa holders may be employed in business activities at certain specific professional levels in the U.S. for specific U.S., Canadian or Mexican petitioners through whom the status was obtained, and may continue employment with the same employer for 240 days if extension of stay is filed with immigration services before the current status expires.

TD visa holders are the dependent spouse and unmarried, minor children of the TN visa holder. The time they can remain in the U.S. is dependent on principal TN visa holder. TD dependents may not apply for employment authorization, and may not receive funds from any U.S. source.

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Understanding The Professions Of Appendix 1603.D.1

Most NAFTA professions are self-explanatory. However, certain historical problem areas merit special attention:

• Management Consultants: these professional services are expected to be of a temporary, periodic, or fixed consulting nature rather than performed as full-time employment. The duties may be consist of consulting and/or analysis focusing on ways to improve the “sponsoring” entity’s structure, efficiency, profits, etc.Although a management consultant may be a manager, few managers qualify as management consultants.
• Computer Systems Analysts: this profession should not be confused with computer programming or computer scientists. These professionals use their knowledge and skills to solve computer problems, enable computer technology to meet the individual needs of the “sponsoring” entity, and help that entity achieve maximum benefit from its investment in equipment, personnel, and business processes.Although, in practice, management consultants frequently require computer systems expertise and computer systems analysts frequently deal with computerized management systems, the descriptions of positions to be filled by either of these NAFTA professionals must substantiate the need for this level of professional skill as well as specify the skill needed.
• Engineers: Engineers may not fill computer-related jobs under TN classification unless they have credentials as computer or software engineers from institutions that recognize computer or software engineering as bona fide engineering specialties offering full engineering credentials, such as professional engineering licenses. Furthermore, the US positions to be filled must require this level of credentials.
• Scientific Technicians/Technologists: A business person in the category of “Scientific Technician/Technologist” must possess: (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. Since a scientific technician/technologist does not generally have a baccalaureate degree. other principles are used to evaluate the admissibility of scientific technician/technologist applicants.
• Medical Technologists: These professionals generally have at least bachelor’s degrees in medical technology or life sciences, or a combination of formal training and work experience. They perform complex biological, chemical, hematological, immunological, microscopic and bacteriological tests for the purpose of diagnosing, preventing, or treatment of disease. This profession does not include x-ray, radiological, sonogram, nuclear medical, or dental technicians.

Professions under NAFTA Appendix 1603.D.1

*KEY TO SYMBOLS:

1 = Baccalaureate/Licenciatura Degree

2 = State/Provincial/Federal License5

3 = 3 Years Relevant Experience

4 = Post-secondary diploma6 or certificate7

4 A TN alien in this category must work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.

5 This refers to any document issued by a state, provincial or federal government, or under its authority (as opposed to a local government) that permits a person to engage in a regulated activity or profession.

6 This refers to a credential issued on completion of two or more years of post-secondary education by an accredited academic institution in Canada or the US.

7 This refers to the same credential as in Footnote 9 above, but which is issued by the federal or state government of Mexico, an academic institution recognized by the federal or state government, or academic institution created by federal or state law.

Professions under NAFTA Appendix 1603.D.1

*KEY TO SYMBOLS:

1 = Baccalaureate/Licenciatura Degree

2 = State/Provincial/Federal License

3 = 3 Years Relevant Experience

4 = Post-secondary Diploma or Certificate