A national from the country of Canada or Mexico may apply for TN (Trade NAFTA) status
if he or she qualifies as a "professional." His profession
must be listed on Schedule 2 of the North American Free Trade Agreement.
(The list is reproduced below.)

In
order to be classified as a "professional," individuals must
have at least a bachelor's degree or a license as required by their
profession. If the applicant does not have a bachelor's decree or license,
a combination of experience and education will not be accepted. As indicated
by the list below, certain professions such as librarians require an
advanced degree beyond a Bachelor's.

On the other hand, "management consultants" are required to
have either a bachelor's degree or "five years of experience in
consulting or related field." A management consultant should generally
not be a regular, full-time employee of the company sponsoring the alien.
According to the FTA (Free Trade Agreement), management consultants
should be 1) independent consultants coming to the U.S. to render services
to an American employer for a particular project 2) employees of consulting
firms under contract to a U.S. business to render services, or 3) employees
of U.S. companies hired for special projects as opposed to an existing
position or a newly-created permanent position.

If
the management consultant falls into in the third category, he must
satisfy the officer that his position is temporary. Generally, management
consultants provide services that are intended to improve the managerial,
operating, and economic performance of public and private entities by
analyzing and resolving strategic and operating problems and thereby
improving the entity's goals, objectives, policies, strategies, administration,
organization, or operation.

TN
professionals, as opposed to business persons and professionals listed
in the "general service" business visitor category (who must
be paid by an overseas source), are permitted to be employed and compensated
in the United States by an American company. The List of Professionals
does not include athletes and entertainers. (Individuals who are self
employed are subject to strict rules which limit the circumstances in
which they may obtain TN status.)

APPLICATION
PROCEDURES (CANADIANS)

A
Canadian filing for a TN visa may make this application at a port of
entry where a NAFTA officer will adjudicate the application. The application
fee for a TN visa application is $50 and approval of the visa can be
obtained the same day or few days before the date of departure. It is
advisable to contact the port of entry prior to the date of departure
to ascertain the current procedures for a TN application.

Dorval Airport-Montreal (514) 631-2097; Toronto International Airport
(905) 676-2563; Vancouver Airport (604) 278-3360.

DOCUMENTARY
REQUIREMENTS

Nationality must be established by providing a passport or birth certificate.
In addition, to prove that the business activity is at a professional
level, the applicant should provide a job offer letter (and if possible
a contract) from the prospective employer, as well as supporting documents
such as a licenses, diplomas, degrees, certificates, credentials, or
other documents that demonstrate professional status. It is advisable
to provide a resume as well.

According to the applicable regulations, the documentation should a)
confirm that the profession is on the list of NAFTA professions, b)
provide of description of the professional activities, c) affirm the
anticipated length of stay, d) provide proof the educational qualifications
of license, e) describe the arrangements for remuneration, f) demonstrate
that licensing requirements of state and local law have been satisfied.

VISA
DURATION AND EXTENSIONS

A TN visa is granted for up to one year. At the end of each one-year
period, the TN professional may reapply for another TN visa. An extension
of stay may be granted for up to one year. An extension of a TN visa
can be filed in the U.S. only at the INS Nebraska Service Center. For
Canadians, an extension may also be obtained by leaving the U.S. and
applying at a port of entry. (In this case, the alien does not have
to file the form I-129 but he should have a new job letter and be prepared
to comply with all the original requirements outlined above.)

SCHEDULE
2 OF THE NORTH AMERICAN FREE TRADE AGREEMENT

LIST
OF PROFESSIONALS THAT QUALIFY FOR TEMPORARY ENTRY TO THE UNITED STATES
PURSUANT TO NAFTA

8 C.F.R. § 214.6:

Canadian and Mexican citizens seeking temporary entry to engage in business
activities at a professional level.

(a) General. Under section 214(e) of the Act, a citizen of Canada or
Mexico who seek temporary entry as a business person to engage in business
activities at a professional level may be admitted to the United States
in accordance with the North American Free Trade Agreement (NAFTA).

(b) Definitions. As used in this section the terms:

Business activities at a professional level means those undertakings
which require that, for successful completion, the individual has at
least a baccalaureate degree or appropriate credentials demonstrating
status as a professional.

Business
person, a defined in the NAFTA, means a citizen of Canada or Mexico
who is engaged in the trade of goods, the provision of services, or
the conduct of investment activities.

Engage
in business activities at a professional level means the performance
of prearranged business activities for a United States entity, including
an individual. It does not authorize the establishment of a business
or practice in the United States in which the professional will be self-employed.

Temporary
entry, as defined in the NAFTA, means entry without the intent to establish
permanent residence.

(c)
Appendix 1603 D.1. to Annex 1603 of the NAFTA. Pursuant to the NAFTA,
an applicant seeking admission under this section shall demonstrate
business activity at a professional level in one of the professions
set forth in Appendix 1603.D1 to Annex 1603. the professions in Appendix
1603.D.1 and the minimum requirements for qualification for each are
as follows:

-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
license.

-Computer Systems Analyst-Baccalaureate or Licenciatura Degree: or Post-Secondary
Diploma or Post Secondary Certificate 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 Post- Secondary
Diploma or Post-Secondary Certificate and three years experience.

--Hotel Manager--Baccalaureate or Licenciatura Degree in hotel/restaurant
management; or Post-Secondary Diploma or Post-Secondary Certificate
in hotel/restaurant management and three years experience in hotel/restaurant
management.

--Industrial Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary
Diploma or Post-Secondary Certificate, and three years experience.

--Interior Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary
Diploma or Post-Secondary 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)--L.L.B., J.D.,
L.L.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 Conservationist--Baccalaureate or Licenciatura
Degree.

--Research Assistant (working in a post-secondary educational institution)--Baccalaureate
or Licenciatura Degree.

--Scientific Technician/Technologist (Note 5)--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 Post-Secondary Diploma or Post-Secondary Certificate, and three years
experience.

--Urban
Planner (including Geographer)--Baccalaureate or Licenciatura Degree.

--Vocational
Counselor--Baccalaureate or Licenciatura Degree.

--MEDICAL/ALLIED PROFESSIONALS

--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) (Note 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. 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.

--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.

--Geochemist--Baccalaureate or Licenciatura Degree.

--Geologist--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.

--TEACHER

--College--Baccalaureate or Licenciatura Degree.

--Seminary--Baccalaureate or Licenciatura Degree.

--University--Baccalaureate or Licenciatura Degree.

Please
note: The information contained above is highly general. It should not
be relied on for legal advice. For questions pertaining to your case,
it is recommended that you consult an experienced immigration lawyer
who can answer all your questions and make sure that your case is handled
properly.