NAFTA

With the passage of the North American Free Trade Act, Canadian citizens are authorized to enter the United States for employment in certain professional occupations without a Visa in "TN" status. The TN visa category is similar to the H-1B Visa category, but does not require the filing of a labor conditional application by the US sponsor employer with the Department of Labor, and more importantly, does not require the Employer sponsor to first obtain an INS Visa petition approval. These important differences make it possible to obtain a TN visa in days rather than months. Additionally, unlike the H-1B visa category, there is no cap on the number of TN status admissions permitted annually.

With few exceptions, a bachelors level university degree is considered to be the minimum qualification necessary to obtain "TN" status. TN status is granted in one-year increments and may be renewed indefinitely either by reapplying at the border, or by seeking an extension of stay with the US INS.

NAFTA also authorizes Mexican citizens to enter the U.S. in TM Visa status for employment in the same occupations is Canadians. However, there is no particular advantage to doing so other than relief from the H-1B cap limitation. Specifically, as is true in H-1B cases, the US sponsors of Mexican applicants for TM status must first obtain a Labor Condition Application approval from the Department of Labor. They must also obtain an INS approval of a properly filed visa petition, and, the employee applicant must apply for and obtain a TM visa from a U.S. Embassy or Consulate abroad.