Overview

Canadian and Mexican nurses may be able to work temporarily in the United States in TN status, under the North American Free Trade Agreement (NAFTA). TN visas allow Canadian and Mexican citizens to engage in activities at a professional level, which are defined as activities that require "at least a baccalaureate degree or appropriate credentials demonstrating status as a professional" in a listed profession.

Nursing is specifically included in the list of professions recognized under NAFTA. Specific requirements for each profession are listed as well. To qualify for a TN visa, a Canadian or Mexican nurse must possess an RN and a state or provincial license.

General Requirements and Procedures

The requirements and procedures to obtain TN status are different for Canadians and Mexicans. Generally, however, the nonimmigrant must provide the following: (1) Evidence of Canadian or Mexican citizenship; (2) Statement from prospective employer describing the nature of the duties the beneficiary will be performing, the duration of stay, and the arrangements for remuneration; (3) Evidence the beneficiary meets the educational requirements or alternative credentials for the profession; and (4) Evidence of a state or provincial license.

Special Considerations for Mexican citizens

Currently, there is an annual cap of 5,500 TN visas for Mexican citizens. There is no numerical cap for Canadians. In addition, Mexican applicants seeking TN status must present a Labor Condition Application (LCA), when applicable. Once the LCA is approved, the petition is filed with the Northern Service Center in Nebraska, accompanied by the LCA. TN approvals for Mexicans are for one year.


by Teressa Accurso Dickman
Law Offices of Teressa Accurso Dickman, P.A.
www.ImmigratingToAmerica.com

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