Legal Question in Immigration Law in Minnesota
TN Visa question
I am an American citizen, and I'm forming a business consulting partnership with two Canadians. We will have a corporation registered in the US with all three of us listed as officers. They will perform consulting duties in the US, as I will do the same in Canada.
Will this qualify them for NAFTA TN visas?
3 Answers from Attorneys
Re: TN Visa question
The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the alien possesses the specific criteria for that profession, 3) the prospective position requires someone in that professional capacity and 4) the alien is going to work for a U.S. employer.
The requirements for Canadians wishing to enter under this classification include that they provide the following at the port of entry:
1. A request for "TN" status;
2. A copy of the applicant's college degree and employment records which establish qualification for the prospective job;
3. A letter from the alien's prospective U.S.-based employer offering him or her a job in the United States, which is included on the professional job series (NAFTA list); and
4. A fee of U.S. $50.00.
Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary.
Re: TN Visa question
The TN visa is for professional workers who intend to take employment with a firm either in the US, Canada or Mexico. Initially, it does not sound like your firm will qualify, but I would need to know more about the business arrangement and the nature of the consulting duties.
Re: TN Visa question
No one can answer this question online. You need to consult a good business immigration attorney.