- H-1B Cap Issues
- H-1B Cap Exemptions
- Timing Issues for Cap-Subject H-1B Visas
- Legal Help from an Experienced H-1B Lawyer
- Tips for Collecting Evidence of Extraordinary Ability
- Building Your Case for Extraordinary Ability
Under the North American Free Trade Agreement, nationals of Canada or Mexico are eligible for temporary admission to the U.S. to work in any one of 64 designated professional occupations if they have a job offer from a U.S. employer and possess the appropriate educational credentials as required for that job, as detailed in the NAFTA Appendix 1603.D.1, also detailed at 8 CFR Sec. 214.7.
Admission of NAFTA Treaty Nationals in TN-1 status is for an initial period of one to three years, renewable indefinitely, at the discretion of the inspecting officer of U.S. Customs & Border Protection, but with an ongoing requirement of non-immigrant intent. Nationals of Canada are visa-exempt and may apply directly at the border or pre-flight inspection, with a job offer letter from the U.S. employer and their original educational credentials; nationals of Mexico must first apply for a visa stamp at a U.S. Embassy. In either case, there is no procedural avenue for appeal, but applicants by reapply. NAFTA Treaty Dependent spouses and minor children are eligible for TD status. TD dependents need not be nationals of Canada or Mexico, but they are ineligible to work.
In need of a TN visa lawyer? Contact Karin Wolman for more information!