U.S. employers have options under NAFTA to address shortages of veterinarians, agronomists, nurses, scientific technicians, engineers, and more that are important to consider when dealing with shortages.
What Industries can Benefit?
Hospitals
Agricultural Businesses
Construction Firms with Specialty Needs
Accounting Firms
Universities
Veterinarians
Research Institutions
What is a TN Visa?
The TN nonimmigrant visa permits U.S. employers to hire qualified Canadian and Mexican citizens to work temporarily at a professional level in the United States. While the TN visa does not provide an answer to all labor shortages, it opens the door to alleviating shortages in a wide range of professions.
How Does a TN Visa Work?
U.S. employers who identify a need within their company can fill it with eligible Canadian and Mexican citizens by sponsoring them for a TN visa.
Benefits of a TN Visa
There is no limit on the number of times an employer can extend an employee's TN status
Unlike the H1B visa, there is no cap for TN visas
The TN visa is faster than the H1B visa
Unlike the H1B visa, the TN visa does not require a U.S. employer to get an approved Labor Certification
The TN visa allows for a quicker process for Canadian citizens
Canadian citizens can apply for TN classification directly at a U.S. Port of Entry, meaning they do not have to make an appointment at a U.S. Embassy or Consulate
U.S. employers have the option to request premium processing to expedite a TN visa
TN visas are eligible for Premium Processing, a service offered by USCIS where USCIS will answer your petition in 15 days or less, for an additional fee of $2,805
List of TN Occupations Available to U.S. Employers
For a full list of professions eligible TN nonimmigrant status, take a look at the professions listed here. Some of the most common TN professions include:
Once you have identified a TN eligible profession for which you believe you can hire, it is important to look at the Occupational Outlook Handbook (OOH) published by the U.S. Bureau of Labor Statistics. The OOH details the job responsibilities for each profession. If your offered job title and responsibilities match well with those in the OOH, there is a strong chance you can hire an eligible TN professional.
Eligibility
A professional may be eligible for TN nonimmigrant status, if:
They are a citizen of Canada or Mexico;
Their profession qualifies under the regulations;
The position in the United States requires a NAFTA professional;
They have a prearranged full-time or part-time job with a U.S. employer (but not self-employment); and
They have the qualifications to practice in the profession in question.
The TN Process
When starting the TN process, it is important to be aware of the following differences for Canadian and Mexican Nationals:
For Canadian Nationals: A visa is not required for a Canadian citizen entering the United States as a TN Professional, although a visa can be issued to a qualified Canadian TN visa applicant upon application at a U.S. embassy or consulate. A Canadian citizen can apply for TN nonimmigrant status at a U.S. port-of-entry.
For Mexican Nationals: Mexican nationals require TN visas to request admission to the United States as TN professionals. This means Mexican nationals are required to apply for a TN visa directly at a U.S. embassy or consulate in Mexico.
What Steps U.S. Employers Should Take to Plan for TN Employment
Educate Key People on What Labor Shortages TN can Address
Remember, the TN professional program can only address certain employee shortages. As an employer, it is important to review TN eligible professions before pursuing TN visa relief.
Train HR and Legal Departments on how the TN Process Works
Employers interested in using TN visas to address staffing shortages should prepare their HR and legal departments to identify TN situations and pursue relief. A general TN Timeline can be found here: LINK. A breakdown of the TN process in detail can be found here: LINK.
Plan and Execute Ahead of the Labor Shortage
Even if not experiencing an immediate labor shortage, it is crucial for HR departments to anticipate potential shortages down the line and familiarize themselves with the TN process. Remember to ask the following questions when considering TN visas as a potential solution to your company’s labor shortage:
Can labor shortages at my company be addressed by TN visas?
Do labor shortage positions at my company require a TN professional?
Are there available workers in Canada or Mexico who can fill my labor shortages?
Are there Canadian and Mexican nationals qualified to fill my company’s labor shortages?
Training:
If you are an Employer looking to learn more about available visa options and lawful permanent residency process, you might consider taking an online training through Corporate Immigration Compliance Institute. Trainings can be found here: https://www.usimmigrationcompliance.com/get-certified
Daniel Simon Law Clerk
Mdivani Corporate Immigration Law Firm
[1] Scientists encompass a wide range of professions, including: Agriculturist (including Agronomist), Animal Breeder, Animal Scientist, Biologist (including Plant Pathologist), Dairy Scientist, Epidemiologist, Geologist, Pharmacologist, Physicist, Plant Breeder, Zoologist, and several more. [2] Teachers must be at the College, Seminary, or University level.
