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TN visas for Canadians 

 

The category "Professionals under the North American Free Trade Agreement (NAFTA)" is available to citizens of Canada and Mexico. The visa is valid for one year that limits the efficiency of applying for this visa as it must be applied for on an annual basis. However, the applicant may seek extensions.  

Under NAFTA, a Canadian citizen may work in a professional occupation in the U.S. provided that the following are met:

 

  1. the profession is on the NAFTA list, 

  2. the alien possesses the specific criteria for that profession, 

  3. the prospective position requires someone in that professional capacity and

  4. the alien is going to work for an U.S. employer

The spouse and unmarried, minor children of the principal alien may enter the U.S. as dependents of the TN visa holder, but they can’t accept employment in the United States. Aliens utilizing the TN are considered non-immigrants. Although the substantive requirements of the TN are quite similar to the H-1B visa, the two differ in the area of intent. H-1B visa holders are permitted to have “dual-intent”, the intention to stay temporarily in the U.S. and also have the intention to stay permanently. Hence, recipients of the H-1B can also apply for a green card while in H-1B status. Unfortunately, the TN does not permit dual-intent, therefore, applying for a green card while in TN status may pose problems with the INS.

How to apply for a TN visa for Canadians

 

What's the difference between the TN and the H-1B visas?


 

   
   

 

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