1

No Annual Cap

There is no annual limit on the number of TN admissions to the United States. A single individual may enter the United States in TN status multiple times per year.

2

Dependents of TN Nonimmigrants

Spouses and children may be granted nonimmigrant status as a NAFTA dependent (TD) and may be admitted to the U.S. However, they may not work.

3

How Canadian citizens may obtain the TN nonimmigrant Classification

Canadian citizens may obtain the TN nonimmigrant classification by requesting admission as TN workers at a U.S. port of entry. They must, however, provide the following: * Proof of citizenship * A letter from their prospective employer detailing items such as professional capacity, purpose, length of stay, and educational qualifications * They may also need to provide credential evaluations. Subsequent to an inspection by a U.S. Customs and Border Protection (CBP) Officer, an eligible Canadian citizen will be admitted as a TN nonimmigrant with a Form I-94 as evidence of such admission. Canadian citizens are therefore not required to apply for a visa with a U.S. consulate or file a petition with USCIS.

4

How Mexican citizens may obtain the TN nonimmigrant classification

Mexican citizens require a visa to enter the United States in the TN nonimmigrant classification. They do not need to file a petition with the USCIS. As such, Mexican citizens should apply for a TN visa directly at a U.S. consulate in Mexico and show: * Proof of citizenship * A letter from their prospective employer detailing items such as the professional capacity in which they will work in the U.S., the purpose of their employment, their length of stay, and their educational qualifications. * They may also need to provide credential evaluations.

5

Then, TN visa holders may apply for admission at a U.S. port of entry

If found qualified by a CBP inspector after applying for admission at a U.S. port of entry, TN visa holders will be issued a "multiple entry" Form I-94 (as in the case of qualified Canadian citizens), indicating that that person has been admitted as a TN nonimmigrant.

6

Maximum period of time a TN nonimmigrant may remain in the U.S.

As one of the 26 initiatives identified by President Bush's Administration to address current immigration challenges, the U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a TN professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay.

7

The rule changes initial period of admission for TN workers from 1 year to 3 years, which is equal to the initial period of admission for H1B workers

TN nonimmigrants who qualify may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year. Spouses and unmarried minor children of TN nonimmigrants in their corresponding nonimmigrant classifications will also benefit from the new rule.

8

The rule will ease administrative burdens and costs on TN workers and benefit U.S. employers

The rule will ease administrative burdens and costs on TN workers. It will also benefit U.S. employers by increasing the amount of time TN nonimmigrants will be able to work for them before having to seek an extension of status. As such, it will provide for a more stable and predictable workforce for TN employers, it will make the TN program more attractive to Canadian or Mexican employers and professionals who might otherwise be required to seek admission under the capped H-1B program, thereby possibly freeing up H-1B visa slots for other professional workers, and it will reduce the cost and bureaucratic inconvenience to TN workers of extending status by requiring application for readmission or extension only once every three years instead of annually.