Our Canadian and Mexican neighbors have the benefit of being eligible for the Treaty Investor (E-2) and Treaty Trader (E-1) visas. This is not a unique situation, because these visas are available to Citizens and Nationals of different countries.
The area where the U.S. Immigration Laws bestow special visa benefits on our neighbors is under the TN Visa category.
In order to be eligible to obtain a TN visa a person must be offered a job by a business entity operating in the U.S.A. and have one of the following occupations with the required qualifications:
Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A.
Baccalaureate or Licenciatura Degree; or state/provincial license
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years experience
Baccalaureate or Licenciatura Degree and training in insurance adjustment for disaster relief claims; or three years experience in claims adjustment and training in insurance adjustment for disaster relief claims
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree; or state/provincial license
Baccalaureate or Licenciatura Degree; or state/provincial license
Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years experience
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
Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience
Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience
Baccalaureate or Licenciatura Degree or state/provincial/federal license
Baccalaureate or Licenciatura Degree
L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar
M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura degree was prerequisite)
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 There are special considerations when using this category.
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
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
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree, or post-secondary diploma or post-secondary certificate, and three years experience
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license
Baccalaureate or Licenciatura Degree; or state/provincial license
Baccalaureate or Licenciatura Degree; or post secondary diploma or post secondary certificate, and three years experience
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree; or state provincial license
Baccalaureate or Licenciatura Degree; or state provincial license
M.D., Doctor en Medicina; or state/provincial license
Baccalaureate or Licenciatura Degree; or state/provincial license
State/provincial license; or Licenciatura degree
Baccalaureate or Licenciatura Degree
State/provincial license or Licenciatura degree
D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
The rules regarding the TN visa were changed towards the end of 2008. Here is a brief explanation of the requirements:
Procedures for admission . A citizen of Canada or Mexico who qualifies for admission under this section shall be admitted under the classification symbol TN for a period not to exceed three years. The conforming document provided shall bear the legend “multiple entry”
Readmission . (1) With a Form I-94 . An alien may be readmitted to the United States in TN classification for the remainder of the authorized period of TN admission on Form I-94, without presentation of the letter or supporting documentation, provided that the original intended professional activities and employer(s) have not changed, and the Form I-94 has not expired.
(2) Without a valid I-94 . If the alien seeking readmission to the United States in TN classification is no longer in possession of a valid, unexpired Form I-94, and the period of initial admission in TN classification has not lapsed, then a new Form I-94 may be issued for the period of validity that remains on the TN nonimmigrant’s original Form I-94 with the legend “multiple entry” and the alien can then be readmitted in TN status if the alien presents alternate evidence as follows:
(i) For Canadian citizens, alternate evidence may include, but is not limited to, a 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).
(ii) For Mexican citizens seeking readmission as TN nonimmigrants, alternate evidence shall consist of presentation of a valid unexpired TN visa and evidence of a previous admission.
Extension of stay . (1) Filing . A United States employer of a citizen of Canada or Mexico who is currently maintaining valid TN nonimmigrant status, or a United States entity (in the case of a citizen of Canada or Mexico who is currently maintaining valid TN nonimmigrant status and is employed by a foreign employer), may request an extension of stay, subject to the following conditions:
(i) An extension of stay must be requested by filing the appropriate form in accordance with the form instructions with USCIS.
(ii) The beneficiary must be physically present in the United States at the time of the filing of the appropriate form requesting an extension of stay as a TN nonimmigrant. If the alien is required to leave the United States for any reason while the petition is pending, the petitioner may request that USCIS notify the consular office where the beneficiary is required to apply for a visa or, if visa exempt, a DHS-designated port-of-entry where the beneficiary will apply for admission to the United States, of the approval.
(iii) An extension of stay in TN status may be approved by USCIS for a maximum period of three years.
(iv) 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.
Readmission at the border . Nothing in paragraph (h)(1) of this section shall preclude a citizen of Canada or Mexico who has previously been admitted to the United States in TN status, and who has not violated such status while in the United States, from applying at a DHS-designated port-of-entry, prior to the expiration date of the previous period of admission, for a new three-year period of admission. The application for a new period of admission must be supported by a new letter from the United States employer or the foreign employer.
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 . A request for a change of status to TD or an extension of stay of a TD nonimmigrant may be made on the appropriate form together with appropriate filing fees and evidence of the principal alien’s current TN status.
(2) The spouse or unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall be required to present a valid, unexpired TD nonimmigrant visa unless otherwise exempt.
(3) The spouse and unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall be issued confirming documentation bearing the legend “multiple entry.” There shall be no fee required for admission of the spouse and unmarried minor children.
(4) 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 unless otherwise authorized under the Act.
