Солтүстік Америка еркін сауда аймағының жұмыс визасы (TN статусы)

U. S. visa category for Canadian and Mexican professionals, part of NAFTA

TN status (or TN classification; "TN" from Trade NAFTA) is a special non immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. A Canadian citizen or Mexican national with a job offer from a U. S. employer in certain defined professions and who meets the minimal education requirements for the relevant profession can work in the United States, for up to three years. The classification theoretically may be renewed indefinitely, although real world complications may limit the number of times, or overall length of time, a foreign national might successfully be granted an authorized period of admission into the United States in the classification. For Mexican nationals, being granted admission in TN classification generally requires first being issued a TN visa at a U. S. consular post. In contrast, Canadian citizens, who are generally exempt from the usual requirement of U. S. federal regulations to obtain a U. S. visa in advance of requesting admission to the U. S. (with limited exceptions), generally simply present their relevant paperwork directly to a U. S. Customs and Border Protection officer when seeking a new period of authorized admission into the United States in TN status. For both Mexican nationals and Canadian citizens already present in the United States and maintaining lawful immigration status in a classification other than TN, TN classification can also be granted through a "Change of Status" process initiated by a U. S. employer's petition for TN status on behalf of that prospective or current employee. Canada's corresponding NAFTA work permit for U. S. citizens and Mexican nationals is sometimes unofficially also referred to as a TN status or TN visa, although this name is technically only a creation of U. S. law. TN classification bears a similarity, in some ways, to the U. S. H 1B classification, but also has unique features. Notably, H 1B classification allows for "dual intent" to obtain Lawful Permanent Resident (LPR) status in the United States, while TN status does not. This leads to a variety of practical considerations for a TN status holder offered a transition to U. S. permanent residence by an employer or U. S. citizen or LPR spouse.

The governments of Canada, Mexico, and the United States negotiated a regional free trade agreement, which came to be known as NAFTA, during the 1980s. The leaders of the three nations signed the agreement in their respective capitals on December 17, 1992. NAFTA included an Appendix 1603. D.1 that required each of the member states to institute laws and regulations for the free temporary movement of certain professionals among the three member states with special simplified immigration procedures.

The regulations described in the NAFTA Implementation Act were promulgated on December 30, 1993, in a regulation entitled "Temporary Entry of Business Persons Under the North American Free Trade Agreement (NAFTA)". It amended section 214.6 of the Code of Federal Regulations, title 8, to provide procedures for "Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level". The section states that "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. D.1 to Annex 1603" and then sets forth the professions agreed upon by the NAFTA member states. In 2022, section 214.6 was updated to reflect the transition from NAFTA to USMCA.

The visa category "Professionals Under the North American Free Trade Agreement" (NAFTA), also known as a TN (Treaty NAFTA) visa, is available only to citizens of Canada and Mexico, under the terms of the USMCA (previously NAFTA). Prior to that, starting in 1989 and continuing through 1993, qualifying individuals practicing one of the professions identified in the Canada–United States Free Trade Agreement (CUSFTA) were able to obtain TC status for legal work in the United States and Canada, creating a limited amount of freedom of labor movement. In 1994, TN status became effective through the North American Free Trade Agreement (NAFTA), which superseded CUSFTA.

A grant of TN status is typically valid for three years, but only for the specific employer for which it was originally requested. A desired change of employers will require a new authorized period of admission in TN status, whether through the first time route (TN status directly at the border for Canadian citizens; a new TN visa for Mexican citizens at a U. S. consular post and admission at the border) or via Extension of Stay as part of the new prospective employer's Form I 129 petition on behalf of the prospective employee. If employment with a single employer is desired for more than three years, it may, theoretically, be renewed indefinitely. Prior to October 16, 2008, the initial period of stay for a TN status holder was up to one year only.

Renewal is accomplished either by an Extension of Stay mail in renewal within the United States, requested as part of the employer's Form I 129 petition on behalf of the prospective employee, or by replicating the first time route (TN status directly at the border for Canadian citizens; a new TN visa for Mexican citizens at a U. S. consular post and admission at the border). While TN status theoretically may be renewed indefinitely in three year increments, it is not a permanent visa and if U. S. immigration officials suspect it is being used as a de facto green card, and with foreign residence abandoned, then they may elect to deny further renewals. The set of occupations permitted to petition for TN status is also quite a bit more limited than for the H 1B visa. Renewal is possible, in theory, indefinitely, but the TN status is not a substitute for permanent residency (a green card), and the border official has the discretion to refuse further renewals if she feels the ability for indefinite renewal is being abused. How this happens in practice depends largely on the mood of the individual border official. Some Canadians have successfully renewed TN status for a decade or more; others have found that after 3–4 years a border official may deny renewal.

The spouse and dependent children under the age of 21 In most states, non resident tuition rates will apply for post secondary institutions. If the spouse or child requesting TD status is not a Canadian citizen, he or she will usually still qualify for TD status, but must first request a formal TD visa at a U. S. consulate. The U. S. consulates reported 3,000 to 4,000 TD visas issued in each U. S. fiscal year from 2007 to 2009; this included visas issued both to family members of Mexican TN 2 visa holders and to non Canadian family members of Canadian TN 1 entrants. [two six months processing time, unless you use the Premium Processing service]; Canadians already in the U. S. could do the same, without having to leave.

Renewal/extension of TN status can be done either by mail (which requires filing of Form I 129, "Petition for a Nonimmigrant Worker", by the employer, along with proof of the TN holder's citizenship and education, and an extension letter similar to the original offer letter) or by duplication of the original process (for Mexican citizens, a trip to a U. S. consulate; for Canadians leaving and re entering U. S., document requirements are similar to those for obtaining the original TN). TN holders (and any dependents) are not required to leave the U. S. as soon as the TN status expires or the job is terminated; there is a formal grace period of 10 days at end of authorization to "depart the United States or take other actions to extend, change, or otherwise maintain lawful status" and a grace period of up to 60 consecutive days during each authorized validity period for certain high skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status. The individual is legally allowed to remain in the USA to look for another job for 60 days.

Canadian TN status workers are responsible for U. S. Medicare, state, federal, and Social Security taxes in the U. S. US

(Likewise, U. S. citizens working and living in Canada under a work permit pursuant to CUSMA (as USMCA is referred to by Canadian authorities) are also subject to corresponding income tax liabilities and end of year filing of tax returns in Canada.) In general, there can be income tax liabilities in accordance to where the employee works regardless of where legal or physical residence is maintained during employment. This is much like U. S. citizens who live in one state but work in another who are then subject to state income and other taxes in the state in which they work. If their legal residence is still in their home country, workers may also be required to file a return in their home country. Based on income tax treaties, credit is normally available in the home country for income and other payroll taxes paid in the foreign country. Bilateral treaties exist to allow workers to regain benefits. For example, after a minimum of 1.5 years of work in the U. S., workers become eligible for a pro rata Social Security benefit under what is known in the U. S. as a totalization agreement. After more than 10 years of work in the U. S., the regular Social Security benefit calculation minus the Windfall Elimination Provision will be applied. Therefore, the worker may receive 3 cheques, one each from the Canada Pension Plan, Old Age Security, and U. S. Social Security.

Employers do not need to maintain extensive documents and records on TN workers, unlike with H 1B employees. In the case of an investigation or audit by the Immigration Service or Labor Department, the employer must show that the worker is in valid status. An employer must complete the Form I 9 for employees in TN visa status, as with all other employees.