The United States and Immigration Services (USCIS) has increased the maximum period of time a TN professional worker from Canda or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. The final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers.

Please remember — with the immigrant visa (“green card”) annual quota currently backlogged thereby resulting in a long waiting list, and H-1B visas generally being unavailable for nurses, the search continues for faster ways for nurses to enter the United States to commence employment in their professions. Fortunately, under the North American Free Trade Agreement (“NAFTA”), nurses and physical therapists who are citizens of Canada and Mexico have a possible solution. The TN classification or visa pursuant to NAFTA is quicker and easier than the green card process, is not subject to annual quotas and is not subject to prevailing wage and other labor condition application (“LCA”) requirements.

Please note that TN’s are also available for Physicians, PTs, OTs, Pharmacists, Med Techs, Nutritionists & Dentists.

A VisaScreen certificate is required for nurses, PTs, OTs and Med Techs. All TN non-immigrants are subject to the laws of the state of intended employment regarding professional licenses but will not need to acquire the relevant license prior to admission to the US. However, the TN applicant must obtain the appropriate professional license from the state of intended employment prior to commencing employment.

A Canadian citizen may present the application package described above directly to an immigration officer at a US port of entry at the time of entry. The immigration officer will make the determination as to whether the applicant is admissible as a TN. No prior petition approval is required. No visa is required from a US consulate. Upon admission to the US, the Canadian citizen will be issued a Form I-94 for a period not exceeding 1 year which will be marked “multiple entry” and can be used for future entries to the US during its validity.

A Mexican citizen submits the application package described above directly to a US consulate as part of an application for a TN visa. The consul makes the determination as to whether the applicant is eligible for a TN visa. Upon admission to the US, the applicant will be given a “multiple entry” Form I-94 for a period not exceeding 1 year.

Other Details for NAFTA-TN Classification for Citizens of Canada and Mexico:

• Spouses and unmarried children under the age of 21 will receive TD dependent status.
• Children can attend school, spouses are not accorded work authorization
• Green-Card Process (Permanent Residency) is available to TNs, and the 3-year periods of stay will offer greater flexibility for those who wish to pursue their green-cards while continuing to work in the USA

For more information on the TN Solution and how it will alleviate the high costs associated with the employment of temporary and travel nurses and other healthcare workers, please contact us today.

 Frequently Asked Questions on TN Admission Period