the tn visa: recruiting nafta professionals

The TN Visa: Recruiting NAFTA ProfessionalsPresented by:

Karen Gillespie, attorney at Global Immigration

Associates, VISANOW’s exclusively retained law firm

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Keep Life Moving

The immigration system is frustrating, confusing, stressful and inefficient. For nearly 20 years, VISANOW has been on a mission to fix that — integrating the best of people and technology to simplify and

expedite the immigration process.

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Introduction

The North American Free Trade Agreement (NAFTA) was established to support economic and trade relationships between

the United States, Canada and Mexico. As part of the agreement, a special nonimmigrant classification was created — the TN visa.

This visa permits qualified Canadian and Mexican nationals to seek temporary employment in the United States.

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PG 4

Agenda

► TN Benefits

► Visa Overview

► Application Process

► Q&A

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The TN visa is a special classification for citizens of Canada and Mexico as part of NAFTA.

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Visa Benefits

▶ Unlike H-1B and H-2B, there is no cap on issued TN visas.

▶ No statutory max-out date.

▶ Canadians may apply directly at the U.S./Canada border.

▶ Mexicans may apply directly at a U.S. consulate or embassy.

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Qualifying Professions

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A qualifying TN job must fit into one of the occupations listed in the NAFTA regulations. These occupations include but are not limited to accountants, engineers, lawyers, pharmacists, scientists and teachers.

A full list can be found at: www.visanow.com/tn-professions

Validity Period

Dual Intent: TN visas are not dual intent but there is no statutory max-out. Employees may extend their TN status in up to three-year increments, indefinitely. To minimize renewal and travel issues, a candidate may want to switch to an H-1B visa or another dual intent visa status before beginning the application process for a green card.

Dependent visa benefits: TN visa holder may be accompanied by his or her spouse and unmarried children under 21 years in the TD dependent classification. TD visa holders cannot work but may study in the United States.

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APPLICATION PROCESS

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1. Confirm Eligibility

Company requirements:▶ Open position in the United States

must require a NAFTA professional.▶ Position may be either full- or part-time.

Candidate requirements:▶ A citizen of Canada or Mexico.▶ Must have qualifications to practice in

the qualifying profession.▶ The position in the United States

requires a NAFTA professional.

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2. Gather Documentation General Documents: ▶ Diploma ▶ Transcripts or mark sheets ▶ Resume or curriculum vitae ▶ Education evaluation, if educated outside of Mexico, Canada or U.S. ▶ Valid passport with at least six months of validity▶ Digital photo for DS-160, the Electronic Consular Application

▶ Only for Mexican nationals applying at an embassy or consulate

▶ Experience letters from past employers▶ Some TN categories require evidence of professional

employment experience

If inside the United States and applying for an extension or a transfer:

▶ Form I-94 Arrival/Departure Record▶ Any previous Form I-797 Approval Notices▶ Visa stamp (for Mexican nationals)▶ Two most recent paychecks

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Canadian Nationals▶ May apply at a Customs and

Border Protection-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station.

3. Apply for Entry to the United States

Mexican Nationals▶ Must apply for visa stamp at

a U.S. consulate or embassy.

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TN Visa Application Tips

1. Be prepared to provide evidence that the candidate has no permanent intent to remain inside the United States.

2. Supply candidates with quality documentation to avoid rejection at the border or consulate.

3. Include a clear and persuasive support letter outlining that all NAFTA requirements are satisfied.

4.

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Questions?

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PG 15

Credits

Continuing education credit

HRCI Activity ID: 16-T7XB7SHRM Activity ID: 281877

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Content in this publication is not intended as legal advice, nor should it be relied upon as such. For additional information on the issues discussed, consult a VISANOW-retained attorney or another qualified professional. Website, technology platform and administrative services provided by

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