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Randall Law PLLC
  • Home
  • What We Do
  • About Us
  • Immigration
    • General Immigration Law
    • Green Card
    • Naturalization (N-400)
    • Family Green Card
    • Employment Green Card
    • PERM Process
    • H-1B Specialty Occupation
    • Change in H1B Employment
    • TN Visa
    • O1 Extraordinary Ability
    • E-3 Australia Visa
    • USCIS Case Status
    • I-9 Form
    • DACA
  • Employment
    • General Employment Law
    • Administrative Law
    • Contract Dispute
    • Wrongful Termination
    • Noncompete Agreement
    • Workplace Discrimination
    • Employer Risk Counselor
  • Civil Litigation
  • Contact Us

TN: Treaty National - USMCA

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. Though NAFTA was replaced in 2020 with the United States-Mexico-Canada Agreement (USMCA), the TN visa classification remained virtually unchanged.

The Treaty National (TN) nonimmigrant classification allows U.S. employers to seek temporary employment authorization for certain professional Canadian or Mexican workers to work for the U.S. employer in a designated professional position. TN status is only available to citizens of Canada and Mexico.

Although it is possible for an employer to submit a petition to the U.S. Citizenship and Immigration Service (USCIS) on behalf of a qualified employee for TN status, there is no requirement that USCIS approve a petition for TN status. Canadian nationals may be able to present their application or TN status directly to a Customs and Border Protection (CBP) official at the U.S. Border. Mexican nationals must apply for a TN visa at a U.S. Embassy abroad in order to be admitted to the United States in TN status.

An individual may be admitted to the United States in TN status for up to three (3) years at a time. Although the TN is a temporary visa and status, there is no limit on the amount of time that an individual may hold TN status in the United States.

What Qualifies for TN Professional?

The position in which the foreign worker will be employed must meet the definition of “USMCA Professional” and the foreign worker must be qualified to perform the job duties of the USMCA position.

Designated Profession List for TN Visa

APPENDIX 1603.0.1 OF ANNEX 1603 OF THE USMCA

Accountant (baccalaureate degree, C.PA, c.A., C.GA, or C.M.A.)

Engineer (baccalaureate degree or state/provincial license)

Scientist

  • Agriculturist, including agronomist (baccalaureate degree)
  • Animal Breeder (baccalaureate degree)
  • Animal Scientist (baccalaureate degree)
  • Apicu Itu rist (baccalaureate degree)
  • Astronomer (baccalaureate degree)
  • Biochemist (baccalaureate degree)
  • Biologist (baccalaureate degree)
  • Chemist (baccalaureate degree)
  • Dairy Scientist (baccalaureate degree)
  • Entomologist (baccalaureate degree)
  • Epidemiologist (baccalaureate degree)
  • Geneticist (baccalaureate degree)
  • Geochemist (baccalaureate degree)
  • Geologist (baccalaureate degree)
  • Geophysicist, including Oceanographer in Mexico or U.S. (baccalaureate degree)
  • Horticulturist (baccalaureate degree)
  • Meteorologist (baccalaureate degree)
  • Pharmacologist (baccalaureate degree)
  • Physicist, including Oceanographer in Canada (baccalaureate degree)
  • Plant Breeder (baccalaureate degree)
  • Poultry Science (baccalaureate degree)
  • Soil Scientist (baccalaureate degree)
  • Zoologist (baccalaureate degree)

Research Assistant (working in a post-secondary educational institution)--baccalaureate degree

Medical/Allied Professional

  • Physician, teaching and/or research only (M.D. or state/provincial license)
  • Dentist (D.D.S., D.M.D., or state/provincial license)
  • Occupational Therapist (baccalaureate degree or state/provincial license)
  • Pharmacist (baccalaureate degree or state/provincial license)
  • Physio/Physical Therapist (baccalaureate degree or state/provincial license)
  • Recreational Therapist (baccalaureate degree)
  • Registered Nurse (state or provincial license)
  • Veterinarian (D.V.M., D.M.V., or state/provincial license)
  • Medical Technologist (baccalaureate degree of post-secondary diploma and three years experience--must be seeking entry to perform chemical, biological, hematological, immunologic, microscopic, and bacteriological tests, procedures, experiments, and analysis in laboratories for diagnosis, treatment, and prevention of disease)

Architect (baccalaureate degree or state/provincial license)

Lawyer (L.L.B., J.D., L.L.L., B.C.L., or Licencuature degree (five years) or membership in a state/provincial bar)

Teacher

  • College (baccalaureate degree)
  • University (baccalaureate degree)
  • Seminary (baccalaureate degree)

Technical Publications Writer (baccalaureate degree or post secondary diploma and three years experience)

  • Urban Planner (baccalaureate degree)
  • Vocational Counselor (baccalaureate degree)

Economist (baccalaureate degree)

Social Worker (baccalaureate degree)

Mathematician (baccalaureate degree)

Hotel Manager (baccalaureate degree or post-secondary diploma and three years experience)

Industrial Designer (baccalaureate degree or post-secondary diploma and three years experience)

Interior Designer (baccalaureate degree or post-secondary diploma and three years experience)

Librarian (M.L.S. or B.L.S.,for which another baccalaureate degree was a prerequisite)

Animal Breeder (baccalaureate degree)

Sylviculturist, including forestry specialist (baccalaureate degree)

Range Manager, range conservationist (baccalaureate degree)

Forester (baccalaureate degree or state/provincial license)

Graphic Designer (baccalaureate degree or post-secondary diploma and three years experience

Land Surveyor (baccalaureate degree or state/provincial/federal license)

Landscape Architect (baccalaureate degree)

Nutritionist (baccalaureate degree)

Dietician (baccalaureate degree or state/provincial license)

Computer Systems Analyst (baccalaureate degree, or post-secondary diploma and three years experience)

Psychologist (state/provincial license)

Scientific Technician/Technologist

  • Must work in direct support of professionals in the following disciplines:
    • Chemistry
    • Engineering
    • Geology
    • Geophysics
    • Meteorology
    • Physics
    • Astronomy
    • Agricultural sciences
    • Biology
    • Forestry
  • Must possess theoretical knowledge of the discipline.
  • Must solve practical problems in the discipline.
  • Must apply principles of the discipline to basic or applied research.

Disaster Relief Insurance Claims Adjuster (baccalaureate degree or 3 years experience in the field of claims adjustment, admissible only when a disaster has been declared)

Management Consultant (baccalaureate degree or 5 years experience in consulting or related field)

TD Visa and Status for Family Members

Spouses and children of TN holders may be eligible to reside in the United States in Treaty Dependent (TD) status. Spouses and children in TD status are not eligible for employment in the United States.

Children on TD visa are eligible to attend school in the United States.

An Attorney Who Is Knowledgeable about TN Visas

Attorney Samuel Randall is a member of the American Immigration Lawyers Association, the Arizona Employment Lawyers Association, and the State Bar of Arizona – Employment and Labor Law Section. His in-depth knowledge of immigration law enables him to efficiently identify your options, effectively explain them to you, and get the best outcome.

Contact Us for a Consultation

We will actively and compassionately help you navigate through the complex immigration process. Attorney Randall is knowledgeable and experienced in helping clients, their family members, or their employees gain legal status. In addition, he is a member of the following organizations:

  • American Immigration Lawyers Association
  • Arizona Employment Lawyers Association
  • State Bar of Arizona, Employment and Labor Law Section

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