回复: 告别家园
i) Must be a Canadian citizen
TN-1 status is available only to Canadian citizens.
TN-1 status is available only to Canadian citizens. Canadian landed immigrants and non-Canadian citizens must apply for H-1B status.
(1) Document Necessary to Prove Requirement
Canadian passport (recommended) or Canadian Birth Certificate
(ii) Must provide evidence that the intended U.S. business activity and the applicant qualify under Schedule 2 of NAFTA
A list of professionals who qualify under Chapter 15, Schedule 2, of NAFTA is shown on this page, along with permitted fields of activity where these are limited.
The professional must be engaged in business activities at a professional level. The activity in question must be prearranged to be performed for a U.S. entity. According to the regulations, the "entity" may also be an individual. Self-employed professionals are precluded from obtaining TN-1 status unless they can perform services for a U.S. entity. The INS has advised its field offices that E-2, treaty investor classification may be the appropriate alternative for these types of Canadian professionals.
The nature of the work to be done for the U.S. employer by the applicant must be fully detailed in a letter from the U.S. employer, with all possible supporting documentation. TN-1 status is granted for only one employer at a time for a specific type of work. For multiple employers, multiple TN-1 applications must be filed.
The applicant must be in one of the professions listed below. Also, with the exceptions noted in this list, the applicant must have a baccalaureate degree in that profession. If the degree does not match the desired category see FAQ question 6B. Must college major match TN job? No allowance is made for equivalent work experience, unless otherwise noted in the list.
In addition, the degree must be recognizable as one required to practise in the applicant's profession and of the necessary level to qualify that person for the U.S. work to be done. In some cases, both a baccalaureate degree and experience are required.
Particular problems are sometimes encountered by management consultants.
Particular problems are sometimes encountered by management consultants who want to obtain TN status. Problems also arise when companies want to send a valued and highly skilled employee to work for a U.S. concern as a management consultant, but that employee does not have either a baccalaureate degree or five years' experience as a management consultant.
Go to a short page with just the TN list. Print, mail, fax or save results.
»Printer Friendly«
(1) Recognized TN Professionals (Grasmick's TN List)
(Appendix 1603.D.1 of NAFTA)
Unless noted otherwise, the following professionals qualify for TN-1 status if they have a baccalaureate degree or a licenciatura degree in their professions:
Grasmick's TN List Accountant (baccalaureate, CPA, CA, CGA, or CMA)
Agriculturist/Agronomist
Animal breeder
Animal Scientist
Apiculturist
Architect (baccalaureate or state/provincial license. Also see Landscape Architect, below)
Astronomer
Biochemist
Biologist
Chemist
Computer systems analyst Must have:
baccalaureate or
post secondary diploma *and three years' experience
Dairy Scientist
Dentist (DDS, DMD, or state/provincial license)
Dietician (baccalaureate or state/provincial license)
Disaster Relief Insurance Claims Adjuster Must have:
baccalaureate or 3 years' experience in claims adjustment, and
completed training in appropriate areas of insurance adjustment pertaining to disaster relief claims
Economist
Engineer (baccalaureate or state/provincial license)
Entomologist
Epidemiologist
Forester (baccalaureate or state/provincial license) (Also see Sylviculturist, below)
Geneticist
Geochemist
Geographer
Geologist
Geophysicist
Graphic Designer Must have:
baccalaureate or
post secondary diploma *and three years' experience
Horticulturist
Hotel Manager Must have:
baccalaureate in hotel/restaurant management or
post secondary diploma * in hotel/restaurant management and three years' experience in hotel restaurant management
Industrial Designer Must have:
baccalaureate or
post secondary diploma *and three years experience
Interior Designer Must have:
baccalaureate or
post secondary diploma *and three years' experience
Land Surveyor (baccalaureate or state/provincial/federal license)
Landscaping Architect
Lawyer (member of state/provincial bar, or LLB, JD, LLL, or BCL)
Librarian (MLS, or BLS. BLS must be one for which another baccalaureate degree was a pre-requisite)
Management Consultant Must have:
baccalaureate or
five years' experience in consulting or related field.
Mathematician
Medical Technologist/Medical Lab Technologist (Canada)/ Must have:
baccalaureate or
post secondary diploma *and three years' experience
(U.S. job must be in a laboratory to perform chemical, biological, hematological, immunologic, microscopic, or bacteriological tests, and analyses for diagnosis, treatment or prevention of disease)
Meteorologist
Nurse, Registered (must have state/provincial license)
Nutritionist
Occupational Therapist (baccalaureate or state/provincial license)
Oceanographer
Pharmacist (baccalaureate or state/provincial license)
Pharmacologist
Physician (teaching and/or research only, MD or state/provincial license)
Physicist
Physio/Physical Therapist (baccalaureate or state/provincial license)
Plant Breeder
Poultry Scientist
Psychologist (must have state/provincial license. Cannot qualify with just baccalaureate degree)
Range Manager/Range Conservationist
Recreational Therapist
Research Assistant (baccalaureate and U.S. job in a post-secondary educational institute)
Social Worker
Soil Scientist
Statistician
Sylviculturist/Forestry Specialist (also see Forester, above)
Teacher (baccalaureate degree: must be coming to work for a college, seminary or university only); no secondary or elementary school teaching.
Technician or Technologist, Scientific. (E.g.: Electronic engineering technician.) Must:
work in direct support of professionals in one of these disciplines:
biology
chemistry
engineering
forestry
geology
geophysics
meteorology
physics
possess theoretical knowledge of discipline, and
solve practical problems in discipline, or apply principles of the discipline to basic or applied research
Urban Planner
Veterinarian (DVM, DMV, or state/provincial license)
Vocational Counsellor
Writer, Technical Publications (Technical Publications Writer) Must have:
baccalaureate or
post secondary diploma *and three years' experience
Zoologist
Applicant's qualifications:
Originals or certified copies of school records, diplomas, licenses, degrees, certificates or membership in professional organizations, or transcripts showing an appropriate degree (bachelor's degree or higher) from a recognized university or college; a statement of U.S. equivalency might be required
Also see Handbook checklist bullet points.
(iii) Must provide proof of possession of a licence to practise profession in United States, if one is necessary in the U.S. state where employment is located
As in the case of H-1B applications, lack of a licence is not a conclusive bar, however: the INS will approve an unlicensed beneficiary who will be under the supervision of licensed personnel. This occurs only in professions that customarily permit members to practise under these conditions.
(1) Document Necessary to Prove Requirement
Valid U.S. licence from the state of intended employment (e.g., for CPA, lawyer, professional engineer, etc.) --- or ---
Explanation in petitioner's covering letter regarding why the beneficiary does not need to be licensed to perform services in the particular state
(iv) Must provide documentation of remuneration arrangements with U.S. employer
The TN-1 applicant does not have to be an employee of the U.S. company on a strict "W-2 form" basis.
INS regulations allow self-employed and contracted applicants to qualify under certain circumstances. The TN-1 applicant does not have to be an employee of the U.S. company on a strict "W-2 form" basis.
Proof of prospective remuneration for the services rendered (e.g., a letter from the U.S. "employer") should be sufficient.
(1) Documents Necessary to Prove Requirement
Letter from U.S. employer stating the amount of the remuneration to be paid to the applicant
Also see Handbook checklist bullet points.
(v) U.S. employment must be temporary
A person on TN status can later apply for permanent resident status based on the same U.S. employment. However, at the time of the TN-1 application, the applicant cannot intend to remain in the United States permanently. FAQ question 7. "Will my green card application cause trouble when I renew my TN?" clarifies this confusing area.
A person on TN status can later apply for permanent resident status based on the same U.S. employment.
(1) Document Necessary to Prove Requirement
Letter from U.S. employer stating that employment is temporary. See bullet points in Handbook checklist.
Case
An employer is unwilling to hire a Canadian for a permanent job. The employer hears that a TN is only for temporary employment.
Solution: Our office prepares a letter for our clients. Job applicants can present this "plain English" letter to prospective employers. Hiring managers can show the letter to the HR or legal department.
(vi) No strike or lockout
There can be no strike or lockout from a labour dispute in beneficiary's job at the worksite. If there is, the INS may deny the entry or employment of such alien beneficiary.
(1) Documents Necessary to Have in Your Files to Prove Requirement
TN employers need not maintain extensive documents for possible INS audits. This is a major advantage over H-1 applications. This removes a large burden. In the case of an investigation, the employer has the burden of proof to show that there were no relevant labour problems in the job classification.
Return to the top of this page
Approval of a well-documented application takes from 20 minutes to one hour.
(c) Time it Takes to Get TN Status
Representatives of my office can walk applicants through the border formalities. Approval of a well-documented application takes from 20 minutes to one hour. An INS officer immediately decides the fate of the application at the port of entry.
Call me to arrange this service.
Return to the top of this page
(d) Ease of Obtaining TN-1 Status
The INS readily honours valid TN-1 applications under NAFTA. All INS employees are subject to supervision and audit controls, however, so applicants should expect to be turned back if they cannot prove their cases.
Return to the top of this page
(e) Duration of TN-1 Status
A person with TN-1 status can live and work in the United States for up to one year at a time and can renew the status for additional periods of one year each. There is no ceiling on the total years a person with TN status can work in the United States. Nevertheless, it is unlikely that the INS will renew TN status indefinitely. It is, after all, a temporary status.
TN renewal can be obtained at the border with an updated company supporting letter. A central function of my office to to assist employers with this. Alternatively, if the person is not out of the United States for more than 30 days at a time, instead of applying for TN renewal, that person could simply use Form I-129, Petition for a Nonimmigrant Worker, renewing it by sending it to the INS Regional Service Centre that has jurisdiction over the U.S. area in which the person works. (Currently the Nebraska Service Center has jurisdiction over the entire U.S.) See the FAQ question 6. "Should I renew a TN at the border or by mail?" for the relative merits of these two approaches.
Return to the top of this page
(f) Pros and Cons of TN-1 Status
With TN-1 status, professional Canadians can access the U.S. market with even greater ease and U.S. employers can freely recruit throughout Canada. The flexibility afforded by TN-1 status gives a U.S. employer the opportunity to assess a Canadian employee's performance and adaptability to the organization. Then if both parties are satisfied and want the arrangement to be permanent, a permanent resident visa can he applied for. Meanwhile, the Canadian employee has been enjoying rapid and trouble-free access to the United States in his or her professional capacity.
One of the main advantages of TN-1 status is that labour certification is not required. Labour certification involves providing proof that the applicant is not taking a job away from a U.S. worker. Regulations require labour certification for H-2B non-immigrant status and for permanent residency.
Another advantage of TN-l status is that it can he obtained quickly. The INS grants these visas right at the border. . .
Another advantage of TN-l status is that it can he obtained quickly. The INS grants these visas right at the border, so there is no waiting period for approval and no petition to file in advance. In contrast, permanent resident applicants can wait years for their status, and waits for H-lB status can range from 30 to 90 days.
A little-known bonus is also attached to TN-1 status. Under TN-1 Status, household help ("personal and domestic servants") can enter the United States as tourists and can work for the applicant. No visa is required, just a simple employment authorization card. To qualify, the person must be either:
Someone who worked for you in Canada at least one year prior to the date you entered the United States, or
Someone who worked for you for any period of time and you can show you regularly employed any personal or domestic help over a period of several years immediately prior to coming to the United States, and the employee you want to bring with you has at least one year's experience in the field.
At this time, there is no upper limit on the number of times TN status can be renewed. Compared to the maximum limits for H-lB professionals and L-l intracompany transferees, this is a definite advantage. On the other hand, TN-l status is granted for only one year at a time, whereas H-lB and L-l visa holders are allowed an initial three-year stay.
偶在英语版提的扫盲问题还悬而未解捏．．．．
