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NAFTA VISAS: A COMPARISON |
Tuesday, May 13th 2008 |
NAFTA Visas: A Comparison |
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L-1 Status |
TN Status |
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Summary |
Available to individuals who have been employed on a full-time basis by a foreign corporation outside of the U.S. for at least one year during the preceding three-year period in either a managerial, executive (L-1A), or specialized knowledge (L-1B) capacity. Individual “transfers” to affiliated U.S. entity. |
Available to individuals engaged in business activities at a professional level to be performed for a U.S. corporation. Position must be on list of approved TN professions and individual must hold baccalaureate or licenciatura degree in that profession or have required experience in the field.* |
Eligibility |
Available to all nationalities. |
Available to nationals of Canada and Mexico. |
Procedure |
Canadian citizens can apply for status at border for immediate decision. All other nationalities must file at a Service Center within the U.S. and apply for nonimmigrant visa at a U.S. Consulate abroad upon approval. |
Canadian citizens can apply for status at border for immediate decision. Canadians may apply to renew TN status from within the U.S. at a Service Center. Mexican nationals must file at a Service Center. |
Government
Fees |
Fees:
$320 petition
$500 one-time anti-fraud
$6 I-94 card issuance |
Fees:
$50 application
$6 I-94 card issuance
$320 if filing at Service Center |
Duration |
Duration:
One to three years initially, L-1As may obtain seven years total and L-1Bs five years total. After maximum time limits have been reached, status may be renewable in one year increments indefinitely provided individual maintains required foreign residence abroad and is in the U.S. less than 183 days. |
Duration:
TN status is issued in one year increments. The number of renewals permitted is currently unlimited; however, temporary intent must be demonstrated. |
Dependents |
Dependents:
Spouse and children under age 21 may be admitted to the U.S. in L-2 status. Spouses holding L-2 status may apply for employment authorization from CIS to work within the U.S. |
Dependents:
Spouses and children under age 21 may be admitted to the U.S. in TD status. Spouses are not eligible to apply for employment authorization and if they wish to work in the U.S., they must qualify under their own employment-authorized nonimmigrant status. |
Can I obtain
a green card? |
Category allows for “dual intent” meaning individual may apply for permanent residency and hold nonimmigrant status simultaneously. Managers and executives may be eligible to file immigrant petition without first obtaining labor certification which streamlines green card process. |
Category does now allow for “dual intent” so potential issues may arise from applying for permanent residency while holding temporary status. Individual must first obtain labor certification before applying for green card status which requires “testing” the job market for qualified U.S. workers. |
Required documentation |
Generally requires extensive corporate documentation and detailed personal information to prepare petition for filing. |
Generally requires less corporate documentation and less detailed personal information to prepare application for filing. |
List of Designated TN Professions and Educational Requirements
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General |
Accountant |
Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. |
Architect |
Baccalaureate or Licenciatura Degree; or state/provincial license2 |
Computer Systems Analyst |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma3 or PostSecondary Certificate4, and three years experience |
Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) |
Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims. |
Economist |
Baccalaureate or Licenciatura Degree |
Engineer |
Baccalaureate or Licenciatura Degree; or state/provincial license |
Forester |
Baccalaureate or Licenciatura Degree; or state/provincial license |
Graphic Designer |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
Hotel Manager |
Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
Industrial Designer |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
Interior Designer |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
Land Surveyor |
Baccalaureate or Licenciatura Degree; or state/provincial/federal license |
Landscape Architect |
Baccalaureate or Licenciatura Degree |
Lawyer (including Notary in the Province of Quebec) |
LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar |
Librarian |
M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
Management Consultant |
Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement |
Mathematician (including Statistician) |
Baccalaureate or Licenciatura Degree |
Range Manager/Range Conservationalist |
Baccalaureate or Licenciatura Degree |
Research Assistant (working in a post-secondary educational institution) |
Baccalaureate or Licenciatura Degree |
Scientific Technician/Technologist5 |
Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research |
Social Worker |
Baccalaureate or Licenciatura Degree |
Sylviculturist (including Forestry Specialist) |
Baccalaureate or Licenciatura Degree |
Technical Publications Writer |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
Urban Planner (including Geographer) |
Baccalaureate or Licenciatura Degree |
Vocational Counsellor |
Baccalaureate or Licenciatura Degree |
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Medical/Allied Professional |
Dentist |
D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license |
Dietitian |
Baccalaureate or Licenciatura Degree; or state/provincial license |
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)6 |
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Nutritionist |
Baccalaureate or Licenciatura Degree |
Occupational Therapist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
Pharmacist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
Physician (teaching or research only) |
M.D. or Doctor en Medicina; or state/provincial license |
Physiotherapist/Physical Therapist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
Psychologist |
State/provincial license; or Licenciatura Degree |
Recreational Therapist |
Baccalaureate or Licenciatura Degree |
Registered Nurse |
State/provincial license; or Licenciatura Degree |
Veterinarian |
D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license |
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Scientist |
Agriculturist (including Agronomist) |
Baccalaureate or Licenciatura Degree |
Animal Breeder |
Baccalaureate or Licenciatura Degree |
Animal Scientist |
Baccalaureate or Licenciatura Degree |
Apiculturist |
Baccalaureate or Licenciatura Degree |
Astronomer |
Baccalaureate or Licenciatura Degree |
Biochemist |
Baccalaureate or Licenciatura Degree |
Biologist |
Baccalaureate or Licenciatura Degree |
Chemist |
Baccalaureate or Licenciatura Degree |
Dairy Scientist |
Baccalaureate or Licenciatura Degree |
Entomologist |
Baccalaureate or Licenciatura Degree |
Epidemiologist |
Baccalaureate or Licenciatura Degree |
Geneticist |
Baccalaureate or Licenciatura Degree |
Geologist |
Baccalaureate or Licenciatura Degree |
Geochemist |
Baccalaureate or Licenciatura Degree |
Geophysicist (including Oceanographer in Mexico and the United States) |
Baccalaureate or Licenciatura Degree |
Horticulturist |
Baccalaureate or Licenciatura Degree |
Meteorologist |
Baccalaureate or Licenciatura Degree |
Pharmacologist |
Baccalaureate or Licenciatura Degree |
Physicist (including Oceanographer in Canada) |
Baccalaureate or Licenciatura Degree |
Plant Breeder |
Baccalaureate or Licenciatura Degree |
Poultry Scientist |
Baccalaureate or Licenciatura Degree |
Soil Scientist |
Baccalaureate or Licenciatura Degree |
Zoologist |
Baccalaureate or Licenciatura Degree |
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Teacher |
College |
Baccalaureate or Licenciatura Degree |
Seminary |
Baccalaureate or Licenciatura Degree |
University |
Baccalaureate or Licenciatura Degree |
1 A business person seeking temporary entry under this Appendix may also perform training functions relating to the profession, including conducting seminars.
2 "State/provincial license" and "state/provincial/federal license" mean any document issued by a state, provincial or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.
3 "Post-Secondary Diploma" means a credential issued, on completion of two or more years of postsecondary education, by an accredited academic institution in Canada or the United States.
4 "Post-Secondary Certificate" means a certificate issued, on completion of two or more years of postsecondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.
5 A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.
6 A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment or prevention of disease.
1 A business person seeking temporary entry under this
Appendix may also perform training functions relating to the
profession, including conducting seminars.
2 "State/provincial license" and
"state/provincial/federal license" mean any document issued by a state,
provincial or federal government, as the case may be, or under its
authority, but not by a local government, that permits a person to
engage in a regulated activity or profession.
3 "Post-Secondary Diploma" means a credential issued, on
completion of two or more years of postsecondary education, by an
accredited academic institution in Canada or the United States.
4 "Post-Secondary Certificate" means a certificate
issued, on completion of two or more years of postsecondary education
at an academic institution, by the federal government of Mexico or a
state government in Mexico, an academic institution recognized by the
federal government or a state government, or an academic institution
created by federal or state law.
5 A business person in this category must be seeking
temporary entry to work in direct support of professionals in
agricultural sciences, astronomy, biology, chemistry, engineering,
forestry, geology, geophysics, meteorology or physics.
6 A business person in this category must be seeking
temporary entry to perform in a laboratory chemical, biological,
hematological, immunologic, microscopic or bacteriological tests and
analyses for diagnosis, treatment or prevention of disease.
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