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The TN Visa is a non-immigrant visa option for citizens of Canada and Mexico. It was created as part of the North American Free Trade Agreement (NAFTA).
The Twin Cities business immigration attorneys of The Law Firm of Craig J. Peterson L.L.C. assist employers and employees throughout North America determine eligibility for TN visas and complete the TN application process. We encourage you to contact us if you need legal advice regarding TNs.
Example 1: Company A has a position open for a Computer Systems Analyst, and it would like to employ someone who just graduated with a four year Computer Science degree from a U.S. university, who is a citizen of Canada.
Can Company A apply for a TN for this person? Yes. The Position, Computer Systems Analyst, is one of the positions listed on the NAFTA Annex. Also, the Candidate meets the educational requirements listed on the Annex, which is either a four year degree in Computer Science or a related field, or a two year relevant degree and three years’ relevant experience.
Same Example, but another Candidate. This Candidate, also from Canada, has a high school diploma and 15 years’ relevant experience. Can Company A apply for this Candidate for a TN? No. The position still qualifies, but the Candidate does not have one of the specific ways to qualify as a Computer Systems Analyst for a TN. A degree equivalence, based on experience, will not qualify.
Example 2: Company B would like to hire a Candidate to consult with its Chief Technical Officer and analyze and resolve strategic and operational problems relating to its Information Technology, to improve its structure and efficiency. The Candidate is from Mexico. He has 15 years’ relevant experience, but no degree. Can Company B successfully apply for a TN for this Candidate?
Yes. Not as a Computer Systems Analysts, but the position qualifies under the Management Consultant category. The Management Consultant under NAFTA analyzes and revolves strategic problems relating to the overall operations of the company in any number of fields, to improve its structure, efficiency, profit margin, etc., rather than engage in day-to-day work. If the Position qualifies, then the Candidate must have five years’ relevant experience. No degree is required. Because the Management Consultant can cover so many fields, and it does not have a degree requirement, it is the most highly scrutinized TN category (and the one with the most denials). If properly evaluated and presented, however, it is a useful category.
The TN Visa is appealing for those who qualify, as the process is generally less involved than that of the H-1B specialty occupation, for example. In addition, there is no annual quota limiting the number of TN Visas. However, the TN has its own set of challenges. We can assist in determining whether the position and the candidate qualify for a successful TN application, evaluating whether the candidate may have any other immigration issues that could make obtaining the visa difficult, and deciding whether a change of status in the U.S. or going to a Port of Entry or Consulate would be the best option. We also assist employers in assembling the documents required for TN applications.
Based in Woodbury, our immigration attorneys work with employees and companies in the Twin Cities and throughout the globe. We welcome you to contact The Law Firm of Craig J. Peterson L.L.C. for assistance with your immigration matter.