TN status is granted to Canadian and Mexican citizens who wish to work in the United States in a professional capacity. This classification is similar to the H1-B visa except that there is no limit on the length of time the employee is able to stay and work in the United States and this classification is broader in terms of positions offered.

TN status is granted for a period of 3 years but this determination is at the discretion of the customs officer. The TN’s request is made directly to the entry of the United States with a job offer and proof of professional skills.

The NAFTA law requires that the position offered be at the professional level, which means that a minimum requirement is a bachelor’s degree or proof of professional level. Professional experience and diploma are both considered for this category. A list is available identifying all positions accepted under NAFTA Appendix 1603 D.1. It is important to note that you cannot self-sponsor for this position. The employee cannot control the American company that makes her an offer of employment.

USCIS as part of the Management Consultant position indicated that the beneficiary could not be a regular full-time employee.