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The TN Classification The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry as business persons to engage in professional business activities at a professional level in the United States. 8 CFR 214.6(a). USCIS’s regulations initially required that TN nonimmigrants may be admitted to the United States for a period not to exceed one year. 8 CFR § 214.6(e). The regulations further provided that TN professionals may apply for extensions of stay for a maximum period of one year. 8 CFR § 214.6(h)(1). Both of these provisions have now been amended to allow admission or extension of stay up to three years at a time. TN Occupations Unlike H-1B classification, which is appropriate for any “speciality” occupation (i.e., one requiring knowledge typically associated with attainment of a bachelor’s degree), TN classification is reserved for the limited number of occupations listed in NAFTA Annex 1603, Schedule B and reproduced at 8 CFR § 214.6(c). TN occupations include:
To qualify for most of these occupations, the beneficiary must hold a bachelor’s or higher degree, although there are some exceptions including the Management Consultant, Computer Systems Analyst, and Scientific Technician classifications. Questions The foregoing is not intended as legal advice. If you have questions regarding the TN or any other matter relating to foreign national work authorization, please contact one of our attorneys. |
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| [Updates] [FMLA] [EFCA] [Form I-9] [EEO1] [ADAAA] [DHS No Match Rule] [STEM OPT] [Texas Covenants] [ADEA] [E-Verify] [Title VII] [Three Year TN] |