Basic Eligibility for Work Authorization in the U.S. under NAFTA TN Status

In order for an individual to qualify for NAFTA TN status and work in the U.S., four basic elements must be satisfied:

1. An applicant for TN status must be a citizen of Canada or Mexico. A permanent resident of Canada is not eligible for admission under the nonimmigrant TN classification.

2. The prospective job must fall under one of the NAFTA TN occupational categories. There are sixty-three (63) categories or occupations available under NAFTA. You may view the NAFTA occupational list here: http://www.naftatnlawyer.com/nafta-tn-status-categories/

3. The applicant must possess the required credentials for the TN occupational category. The majority of these occupational categories require a Baccalaureate or Licenciatura Degree in the field or a related field.

4. The TN applicant’s prospective job duties must be consistent with the job duties generally performed by those in the particular occupation. Inspecting officers will look to the Occupational Outlook Handbook, a manual published by the Department of Labor, for insight on the duties normally required of professionals in a particular profession. It is important for TN applicants that their prospective job duties fall within the ambit of those described for the profession in the OOH.