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Temporary Work Applications: When is Immigrating Allowed

Published by Sheila Danzig | November 19th 2008 | Views:

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Individuals who are Canadian or Mexican citizens are eligible to apply for a temporary employment visa to work in the U.S. under the North American Free Trade Agreement (NAFTA). These visas are referred to as TN visas, and may be reserved for individuals who possess certain types of foreign academic credentials and want to obtain non-permanent jobs in the United States. Citizens of Canada can receive TN-1 Visas, and Citizens of Mexico may obtain TN-2 visas.

In order to qualify for a TN visa, professionals are required to document that they have foreign academic credentials that meet the U.S. for] a a degree from a four-year accredited college or university in most areas. In a few specialties, like computer science, a two-year degree plus two years of employment in a related position can be substituted for a Bachelor Degree. The equivalency has to be shown through the completion of a foreign credentials evaluation completed by an educational agency accepted and respected by the U.S. immigration authorities.

Besides a foreign credentials evaluation that shows the required educational, as well as work experience equivalency, qualifications, however, the applicant is required to provide strong indication that his or her intention is to return to Canada after the temporary work obligation has been fulfilled. This rule originated because the USCIS presume that an individual who holds citizenship in a foreign country who enters the Unas expired. Several kinds of supporting substantiation may be maintaining a residence in one’s home country or the presence of additional family members who are not accompanying the professional to the United States. Additionally, applying for an employment visa of less than 1 year’s duration is frequently considered adequate to indicate short-term, as opposed to long-term, employment in the U.S.

Workers who are interested may apply for employment visas in many professional occupations. Scientists, such as astronomists or zoologists, as well as healthcare professionals, such as physical therapists or medical technologists, may request employment visas. Individuals who hold foreign academic credentials in nursing or allied health fields, however, must also provide proof of that they possess government-issued certifications to work in their field.

In addition, four types of employees – registered nurses, physical therapy professionals, occupational therapy professionals, and medical technology professionals- must hold a health care worker certification. This credential must document that the holder’s academic experience and licensing credentials are comparable to the American credentials required for that position, and that the person applying for the work visa is able to speak the English language to a proficient level as evaluated by a standardized examination.

If you meet these criteria and desire to apply for a TN visa, hire a specialty legal expert who handles work visa applications routinely. Find a foreign education credentials evaluation report from a reputable, successful agency. Last, be clear with the immigration official that you know that this is a non-permanent, instead of a long-term, job.
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