For Mexican and Canadian Professionals under NAFTA

Professional or Specialty Occupation Visa

The TN visa authorizes employment of a worker in a professional or specialty occupation. The visa is authorized for a period of 1 year but can be extended for an indefinite number of years.

Visa Requirements

The TN requires (1) a professional or specialty occupation position that requires a minimum of a bachelors degree; (2) the employee has that degree or its educational/employment equivalent; (3) a salary which meets the prevailing wage determination; and (4) a Labor Condition Application (LCA) annotated by the Department of Labor (DOL).

The employer must agree to pay return transportation expenses to the employee’s home country if the employee is dismissed before the end of the authorized period of stay. The employee can sign a statement agreeing not to request such expenses. The employer is not responsible for such expenses if the employee voluntarily ends employment or the authorized period of stay expires.

Designated Professionals Under Schedule 2 of NAFTA

Below are types of professions or workers that qualify under Schedule 2 but are not limited to the following:

• Computer Systems Analyst
• Economist
• Engineer
• Industrial Designer
• Management Consultant

Other professionals also qualify under Schedule 2 of the NAFTA, these are only a sample of some professions.

The TN Visa Petition

Prevailing Wage Determination: The Company must pay the beneficiary a salary within 5% of the wage of similarly situated employees. Our firm obtaCIS a Prevailing Wage Determination from the Texas Workforce Commission (TWC) for the beneficiary’s position for that geographic area or in this case the Arizona Workforce Commission or any other state.

Labor Condition Application: The CIS requires the U.S. employer to file a Labor Condition Application (LCA) with the Department of Labor (DOL). Our firm prepares the LCA for review by the company. We file the LCA with the DOL which processes the application within 7 days or online within 2-3 days.

The LCA requires the company to agree to specific terms for the benefit of U.S. workers. First, the company will pay the beneficiary the same salary as other similar employees. Second, the company affirms that the employment of the beneficiary will not adversely affect the working condition of other similar employees within the company, and that there is no strike, lockout, or work stoppage as part of labor dispute within the company, and that there is no strike, lockout, or work stoppage as part of labor dispute within the company. Third, prior to filing the LCA, two notices were posted in conspicuous places at the company. The notices contain specific job information including the job title and salary of the position. If there is a bargaining representative for such employees, notice to that representative is required rather than the posted notices.

Within a day of filing the LCA, supporting documents must be available for review at the place of employment. The CIS and the DOL may review such documents.

TN Petition and Supporting Documents: The TN petition includes several CIS forms; a support letter on company letterhead with details of the company, the position and qualifications of the employee; company documentation; and evidence of the qualification of the employee.

Premium Processing

The CIS has a business service called Premium Processing where the CIS responds within 15 working days from the date of the receipt of the application. There is $1,000 CIS filing fee for the service. This fee is an addition to other applicable filing fees that the applicant must pay.

Application Fee

As of July 31, 2007, an employers petitioning for an alien to come to the United States temporarily to perform services or labor, or to receive training, as a TN Visa Holder must pay the application fee of $320.

Approval of the TN Visa

The CIS issues an approval notice as evidence of the employee’s TN status. The TN visa allows the employee to work for the petitioning company only. The employee’s dependents are issued approval notices as evidence of their TD Dependent status.

The employee must have an TN visa stamp in the employee’s passport for travel out of and return of the U.S. This process of getting the visa is referred to as visa consular processing. Our firm assists clients and their families in applying for their visas at the U.S. Consulates as an additional legal service. Please contact our office for detailed information.

TN Nonimmigrant Visa Document List

• Employee (Beneficiary) ------ Photocopies Only
  1. Current passport (identity pages and all pages with any U.S., visa, stamp or notation)
  2. I-94 Card (front and back)
  3. Previous CIS approval notices (TN; F-1; I-20; IAP-66; Employment Authorization Card)
  4. Educational documents (Diplomas, certificate, transcripts, and educational evaluations). If the documents are not in English, an exact English translation is required (which we can assist you with).
  5. Passports and I-94 cards of all accompanying family members.
  
  
• Employer or U.S. Company (Petitioner)
  1. Proposed position, Job title, detailed job description, salary, and education and experience requirements
  2. Annual reports
  3. Company brochures
  4. Certificate of Incorporation and Articles of Incorporation
  5. Business registration, business license, business permits, DBA’s
  6. Organizational Charts
  7. Company information (history, facilities, products, number of employees, clients)
  8. Commercial lease or proof of operations facilities or offices
  9. Brochures, catalogs, promotional and product literature, and advertisements
  10. Invoices, contracts, bill of lading, and other business documentation
  11. Corporate tax returns (IRS 1120, IRS 941, TWC C-3, or any IRS filing)
  12. Financial statements (balance sheet, income statement, asset & deficit, payroll)
  13. Bank account statements
  14. Wire transfers; certified checks and other evidence of capitalization in the U.S.

Serna & Associates, PLLC. works to simplify the relative petition process. If you would like us to assist in your relative petition, please contact us.