As a result of the North American Free Trade Agreement (NAFTA), a special visa qualification was offered to citizens of Canada and Mexico who qualify for temporary employment positions that can be categorized into certain professional classifications as defined by the NAFTA agreement. This immigrant visa is known as the TN visa, and includes a wide variety of positions in diverse fields such as social work, accounting, science, mathematics, and nursing. These visas are issued for one-year durations, but can be extended indefinitely.

In order to qualify for a TN visa, a candidate must have at least the U.S. equivalency of a Bachelor Degree in the professional area for which he or she applies. To prove that the foreign degree is equivalent, a foreign education credentials evaluation must be done by a qualified agency, such as Career Consulting International. These educational evaluations are then submitted, along with other documentation, to USCIS officials to determine whether the visa application will be approved or denied.

Professionals who apply for TN Visas may apply for TD visas to allow spouses or dependents to accompany them and reside with them during their stay in the United States. People who hold TN visas, however, may not seek employment within the United States. Canadian citizens are referred to as TN-1 Visa applicants, while citizens of Mexico are designated as TN-2 applicants. The most recent change in policy directly affects TN-2 visa applicants. The application process differs between Canadian and Mexican citizens, however. TN-1 Visa applicants may apply for this immigrant visa either at a US-Canada border crossing, or at most Canadian international airports. In this case, the TN visa may be granted on the day upon which the candidate submits the visa application, a foreign education credentials evaluation report, and accompanying documentation.

Recently, the procedure has changed for citizens of Mexico applying for TN-2 Visas through the Matamoras, Mexico Consulate. Although this change has not yet been reflected on the consulate’s website, these new changes became effective on September 10, 2008. Visa applicants must now call for an appointment or schedule one online at the consulate website, located at http://matamoros.usconsulate.gov/matamoros/nafta_visas_tn.html.

Previously, applicants were able to submit their foreign education credentials and evaluation reports prior to the interview. This is no longer true. Now, applicants are required to submit their foreign credential evaluations and other documents at the time of the interview appointment with the consulate.

The employer is still required to submit the employee’s work credentials to the USCIS to demonstrate that the employee is qualified for the TN-2 Visa. Only after approval may the employee schedule an appointment to have his or her visa stamped at the consulate. The employee’s start date will only be determined after these steps have been completed.

If you are a Canadian or Mexican citizen, you may apply for a work visa in the United States under the North American Free Trade Agreement (NAFTA). These visas are called TN visas, and are issued to people with professional qualifications who want to seek temporary work in the U.S. Citizens of Canada are granted TN-1 Visas, while Mexican citizens may qualify for TN-2 visas.

To obtain a TN visa, professionals must demonstrate that they have foreign degrees that are the U.S. equivalencies of a Bachelor Degree for most fields. In certain areas, such as computer science, an Associate Degree plus two years of work experience equivalency may be substituted for a four-year degree. The equivalency must be determined through the completion of a foreign education credentials evaluation completed by a foreign education credentials evaluation agency accepted or approved by the USCIS.

In addition to a foreign credentials evaluation that demonstrates adequate professional qualifications, however, the applicant has to provide strong documentation that he or she intends to remain in the United States only temporarily. That is because the USCIS presumes that any person who is a citizen of a foreign country who is entering the United States is doing so with the intent to remain there permanently. Although a person may express a possible future intent to immigrate, it must not be during the length of the TN visa.

People can offer many different types of evidence that they do not intend to immigrate permanently to the United States. Some examples of supporting evidence include the ownership of property in one’s country of citizenship or the presence of other family members who are not accompanying the professional to the United States. In addition, the request for a visa of less than 1 year’s duration is usually considered sufficient to indicate temporary, rather than permanent, employment in the U.S.

Interested professionals may apply for TN visas in a variety of professional occupations. Scientists, such as biologists or zoologists, as well as healthcare workers, including Registered Nurses or Physicians, are eligible to apply for TN visas. Individuals who hold foreign degrees in healthcare fields, however, must also possess documentation that they possess government-issued licenses to practice.

Furthermore, four types of workers – nurses, physical therapists, occupational therapists, and medical technologists- must maintain a health care worker certification. This certification must demonstrate that the person’s education and licensure are comparable to the U.S. equivalencies required for that profession, and that the individual submitting the application speaks English to a competent level as determined by a standardized test.

If you are a Canadian or Mexican citizen seeking a TN visa, seek an experienced attorney who handles non-immigrant visa applications regularly. Get a foreign credentials education evaluation from a responsible, experienced agency. Last, make it clear to the immigration official that you understand that this is a temporary, rather than a permanent, work assignment.