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Friday, May 11, 2012

TN / NAFTA VISA (Mexican and Canadian Professionals) - Law

The North American Free Trade Agreement (NAFTA) has created a special TN nonimmigrant visa category that permits Mexican and Canadian acting professional citizens to be granted admission into the US to engage in "business activities at a professional level."

In order to demonstrate eligibility for a TN / NAFTA visa, a requesting party must show that they are either a Mexican or Canadian citizen, that the their profession is recognized on the "NAFTA list", they have a valid and pending job offer from a United States employer, they possess the required licenses, degrees, or experience to perform the job offered, and they intend to depart the US upon completion of their designated authorized stay.

As benefit, a party holding a valid TN / NAFTA visa is entitled to request a TD dependent visa status for their spouse and children under the age of 21. These dependents may attend school as long as they continue to qualify under the TD visa classification criteria. Additionally, a valid TN / NAFTA visa holder can freely travel in and out of the United States.

In applying for the TN / NAFTA visa, requirements vary depending on your country of citizenship. For instance, Canadian citizens are not mandated to obtain a visa, but instead receive TN status with the USCIS at a "Class A" port of entry or at U.S. Preflight Inspection Stations.

In order to obtain this status however, a Canadian citizen may be asked and must be prepared to provide: proof that they are a Canadian citizen, a letter from the prospective United States Employer, college degrees and employment history demonstrating qualifications for the desired work, and proof of license to practice the profession if such documentation is required by the intended State of employment.

To the contrary, a Mexican citizen may apply at consular sections around the world for a TN / NAFTA professional visa. Mexican citizens must submit the following forms and / or documentations to be considered: Form DS-156, Form DS-157, a valid passport for travel to the United States with a validity date of at least six months beyond their intended stay in the United States, one 22 photograph, and their future United States employer must provide a letter of employment. This letter should indicate the position in question in the United States requires the employment of a person in a professional capacity, consistent with the NAFTA.

For more information on this or any other immigration law matter, contact an experienced immigration law attorney or the experienced Phoenix, Arizona based immigration law firm of Ariano & Reppucci, PLLC.

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