There are various visa categories available to individuals and families interested in working in the United States. Each category has its own terms and conditions. Careful consideration of short and long term objectives is essential in choosing the right visa, and implementing an effective immigration strategy. We invite you to contact us for a detailed individualized assessment.

The following is a general overview of the most common work-visa classifications:

E-1/E-2
Treaty Traders (E-1); Treaty Investors (E-2); as well as executive, managerial, and essential employees of qualifying firms.

E-3
Employment visa for Australian citizens performing professional services in a specialty occupation.

H-1B
Employment visa for professionals (all nationalities) with job offers relating to a specialty occupation.

H-2A
Temporary or seasonal agricultural workers.

H-2B
Temporary or seasonal nonagricultural workers.

H-3
Visa for individuals receiving specific training in their field endeavor (other than medical or academic training).

J
Exchange Visitor Program.

L
Managerial, executive, or specialized knowledge intra-company transfers.

O-1
Individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in motion picture or television.

O-2
Individuals accompanying an O-1 visa holder to assist in an artistic or athletic performance for a specific event or performance.

P-1
Individual or team athletes, or members of an internationally recognized entertainment group.

P-2
Artists or entertainers who will perform under a reciprocal exchange program.

P-3
Artists or entertainers involved in a culturally unique program.

Q-1
Participants in an international cultural exchange program.

R-1
Religious workers.

TN
Employment visa for Canadian and Mexican professional workers.

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E-1/E-2 Treaty Traders and Treaty Investors

The Immigration and Nationality Act provides nonimmigrant visa status for citizens of countries with which the United States maintains a treaty of commerce and navigation who come to the United States (1) to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or (2) to develop and direct the operations of an enterprise in which they have invested, or are in the process of investing, a substantial amount of capital. This visa category is generally divided between Treaty Traders (E-1) and Treaty Investors (E-2). Executive, managerial, and essential employees of qualifying firms may also be eligible for E visa/status. Effective January 16, 2002, spouses of E-1 treaty traders or E-2 treaty investors qualify for full work authorization. An unmarried dependent son or daughter of an E nonimmigrant employee of the Taiwan Economic Cultural Representative Office (TECRO) may also obtain employment authorization without restriction.

To qualify as an E-1 Treaty Trader, the applicant must be a national of a treaty country; the trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country; the international trade must be "substantial" in the sense that there must be a sizable and continuing volume of trade; the trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality--trade means the international exchange of goods, services, and technology--title of the trade items must pass from one party to the other; and the applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.

To qualify as an E-2 Treaty Investor, the investor, either a real or corporate person, must be a national of a treaty country; the investment must be substantial--it must be sufficient to ensure the successful operation of the enterprise; in general, the percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise; the investment must be in a real operating enterprise (speculative or idle investment does not qualify, nor do uncommitted funds in a bank account or similar securities); the investment may not be marginal: it must generate significantly more income than that simply required to cover the investor‘s living expenses, or it must have a significant economic impact in the United States; the investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise do not qualify; and the investor must be coming to the U.S. to develop and direct the enterprise.

If the applicant is not the principal investor, he or she must be employed in a supervisory or executive capacity, or qualify as an essential employee.

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E-3 Visas

The E-3 visa is for Australian citizens who qualify to work in a specialty occupation in the U.S. Work authorization for an E-3 recipient’s spouse is major advantage of this visa classification.

To qualify for an E-3 visa, an applicant must demonstrate that he/she is an Australian citizen; has a legitimate temporary offer of employment in the United States; the position offered qualifies as a specialty occupation and the applicant has the necessary academic or other qualifying credentials, as well as any licenses to practice in the specialty occupation if applicable. The E-3 classification is highly similar to the H-1B, but is reserved solely for Australian citizens. As a result, it is not subject to the quota problems affecting the H-1B category.

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H-1B Specialty Workers

The H-1B is perhaps the most versatile non-immigrant visa. It applies to individuals coming to the United States temporarily to perform services in a specialty occupation—one that requires a bachelor’s degree or its equivalent—or as a fashion model of distinguished merit and ability. H-1B foreign specialty workers are not required to maintain foreign residence, and may seek permanent residence in the U.S. This principal is generally referred to as “dual intent.”

Work authorization for H-1B professionals is employer-specific (i.e. limited to employment with the approved employer/petitioner). A change of employer requires a new H-1B petition. Under most circumstances, an H-1B professional who was previously granted H1-B status may begin working for a new H1-B employer upon filing of a petition by the new employer.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-1B professionals are entitled to H-4 status with the same restrictions as the principal. H-4 dependents cannot work in the U.S., although new regulations are underway to allow employment authorization for H-1B spouses (in H-4 status).

H-1B1 Specialty Occupations

The H-1B1 category applies to professionals coming to the U.S. temporarily to perform services in a specialty occupation that requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education (or its equivalent).

Requirements for an H-1B Petition

• The petitioner must be a U.S. employer. Along with its petition, the employer must provide:
• A certified labor condition application from the Department of Labor;
• Evidence that the proposed employment qualifies as a specialty occupation;
• Evidence of the beneficiary’s qualifications through: (1) copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation; or (2) copy of a foreign degree determined to be equivalent to the U.S. degree; or (3) copies of evidence of education and experience deemed equivalent to the required U.S. degree;
• A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
• A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed.

H-1B3 Fashion Model

The H-1B3 category applies to nationally or internationally recognized fashion models who are offered a position that requires distinguished merit and ability.

Documentary Requirements

The petition should be filed by the U.S. employer with a certified labor condition application from the Department of Labor, and evidence establishing that the model is nationally or internationally recognized. The evidence must include at least two of the following:

• Record of national or international achievement and recognition as evidenced by major newspaper, trade journals, magazines or other published material;
• Evidence that the model has performed, and will continue to perform, services as a fashion model for employers with a distinguished reputation;
• Evidence of recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field; and
• Evidence of high salary or other substantial remuneration for services, as shown by contracts or other reliable evidence.

The employer must also establish that the services to be performed require a fashion model of distinguished merit and ability and either:
Involve an event or production which has a distinguished reputation; or
The services are as participant for an organization or establishment that has a distinguished reputation or record of employing persons of distinguished merit and ability.

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H-1C Registered Nurses

The H-1C category applies to individuals with a temporary offer of employment as a registered nurse in a health professional shortage area as determined by the United States Department of Labor. Only 500 nurses can be granted H-1C status in a fiscal year nationally. There are also numerical limitations for each state based on the state’s population. The cap for states with populations in excess of 9 million is 50 per fiscal year. The cap on states with populations of 9 million or less is 25 per fiscal year. This quota effectively renders this visa category beyond the reach of most qualified nurses.

An H-1C petition can only be filed by a United States employer hospital (facility) that has filed an attestation on Form ETA 9081, Attestation for H-1C Nonimmigrant Nurses, with the United States Department of Labor.

The petition (Form I-129) should include:

• A current copy of the Department Labor’s acceptance of the ETA 9081;
• A statement from the facility describing any limitation that the laws of the state or jurisdiction of intended employment impose on the terms of employment and duties involved;
• Evidence that the individual named in the petition is a person who is or will be authorized by a State Board of Nursing to work as a registered nurse and will be practicing at a facility that provides health care services;
• Evidence that the individual named on the petition has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or has obtained a full and unrestricted (permanent) license to practice as a registered nurse in the state of intended employment, or has obtained a full and unrestricted (permanent) license in any state or territory of the United States and received temporary authorization to practice as a registered nurse in the state of intended employment;
• Evidence that the individual has obtained a full and unrestricted license to practice professional nursing in the country where the beneficiary obtained nursing education or has received nursing education in the United States; and
• Evidence that the individual named on the petition is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to practice as a registered nurse immediately upon admission to the United States, and is authorized under such laws to be employed by the employer.

Work authorization for H-1C nurses is employer-specific, i.e. limited to employment with the approved employer/petitioner. A change of employer requires a new H-1C petition. If an H-1C nurse will work for more than one employer, each employer must file its own H-1C petition. An H-1C nurse is not precluded from applying for adjustment of status to permanent residence if he/she is otherwise eligible for adjustment of status.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-1C nurses are entitled to H-4 status with the same restrictions as the principal, but may not be employed under the H-4 classification.

Period of Admission

The maximum period of admission for an H-1C beneficiary is three years. The beneficiary may receive an extension of stay to complete the 3-year period of admission. However, an extension of stay may not be granted to extend the beneficiary’s period of admission beyond the initial 3-year period of time.

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H-2 Temporary Workers

U.S. employers may petition for skilled or unskilled workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that the employer’s need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers.

Labor Certification

An employer seeking to hire an H-2 worker from outside the U.S. must apply for a temporary labor certification with the Department of Labor. These certificates are designed to ensure that the admission of H-2 workers is on a temporary basis, and will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with its I-129 petition.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

H-2A Agricultural worker

The H-2A classification applies to an individual coming temporarily to engage in temporary or seasonal agricultural employment.

H-2B Skilled or Unskilled Worker

The H-2B classification applies to an individual coming temporarily to engage in non-agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.

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H-3 Trainees

The H-3 classification applies to individuals coming to the U.S. to participate in a training program. There is currently no annual cap on H-3 admissions to the U.S.

The petitioning employer or sponsors must demonstrate that the:

• Proposed training is not available in the beneficiary’s home country;
• Trainee will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed;
• Trainee will not be productively employed except as incidental to training;
• Training will benefit the trainee in pursuing a career outside the U.S.

Note: H-3 status is not appropriate for graduate education, including medical training, except under special circumstances.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of H-3 principal trainees are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 status.

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Exchange Visitor (J) Visas

The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and those of other countries through educational and cultural exchanges. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs.

At the conclusion of their programs, J-1 visa holders are generally expected to return to their home countries to utilize the experience and skills they have acquired while in the United States.

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the following exchange visitor program categories:

• Au pair
• Camp Counselor
• Student, College/University
• Student, Secondary
• Government Visitor
• International Visitor (reserved for U.S. Department of State use)
• Physician
• Professor
• Research Scholar
• Short-term Scholar
• Specialist
• Summer Work/Travel
• Teacher
• Trainee

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L-1 Multinational Intra-company Transferees

The L-1 category applies to individuals who work for a company with a parent, subsidiary, branch, or affiliate in the U.S., and intend to come to the U.S. to perform services either (1) in a managerial or executive capacity (L-1A), or (2) those requiring specialized knowledge (L-1B) for a parent, branch, subsidiary or affiliate of the same employer that employed them abroad. Qualified individuals may also use the L-1 classification to start-up a parent, subsidiary, branch, or affiliate of a foreign firm in the U.S.

To qualify, the transferee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year during the three-year period preceding the petition filing date.

Dependents

Dependents (i.e. spouses and unmarried children under 21 years of age) of L-1 workers are entitled to L-2 status. Dependents may be students in the U.S. while remaining in L-2 status. Spouses may obtain employment authorization under the L-2 classification. Minor children may not be employed under the L-2 classification.

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Individuals of Extraordinary Ability (O’s)

The O-1 category is divided into two subcategories: (1) those with extraordinary ability in arts, motion picture or television, and (2) those with extraordinary ability in the sciences, education, business, or athletics. To qualify, the individual must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O visas.

Petition Document Requirements for O-1 Extraordinary Ability in Science, Education, Business, or Athletics

A U.S. employer should file the petition with:

• A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the individual's area of ability;
• A copy of any written contract between the employer and the beneficiary, or a summary of the terms of the oral agreement under which the beneficiary will be employed;
• Evidence that the beneficiary has received a major internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
  • Published material in professional or major trade publications, newspapers or other major media about the individual and his work in the field for which classification is sought;
  • Original scientific, scholarly, or business-related contributions of major significance in the field;
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
  • A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
• If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

O-1 Extraordinary Ability in Arts, Motion Picture, or Television

Necessary supporting documents include:

• A written advisory opinion, describing the individual’s ability as follows:
• If the petition is based extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in the beneficiary’s field of endeavor; or a person or persons designated by the group with expertise in the individual's area of ability.
• If the petition is based on extraordinary achievements in the motion picture or television industry, separate consultations are required from a labor and a management organization with expertise in the individual’s field of endeavor.
• A copy of any written contract between the employer and the individual or a summary of the terms of the oral agreement under which the individual will be employed;
• Evidence that the individual has received, or has been nominated for significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least three of the following:
  • Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
  • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
  • A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
  • Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the individual is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the individual's achievements; or
  • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.
• If the above standards do not readily apply to the individual's occupation, the petitioner may submit comparable evidence in order to establish the individual's eligibility.

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O-2 Support Personnel

The O-2 category applies to foreign staff accompanying an O-1 artist or athlete to assist in a specific event or performance. O-2 staff must demonstrate that they will be acting as an essential and integral part of the artistic or athletic performance in a capacity that is essential to the successful performance of the O-1, and which cannot be readily performed by a U.S. worker.

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Athletes, Entertainment Groups, Artists (P’s)

The P category is divided between Athletes, Entertainment Groups, and Artists.

P-1 Athlete

The P-1 classification applies to an individual coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

Documentary Requirements

A written advisory opinion from an appropriate labor organization;

A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport;

Copies of evidence of at least two of the following:

• Significant participation in a prior season with a major United States sports league;
• Participation in international competition with a national team;
• Significant participation in a prior season for a U.S. college or university in intercollegiate competition;
• A written statement from an official of the governing body of the sport which details how the individual or team is internationally recognized;
• A written statement from a member of the sports media or a recognized expert in the sport which details how the individual or team is internationally recognized;
• The individual or team is ranked, if the sport has international rankings; or
• The individual or team has received a significant honor or award in the sport.

P-1 Entertainment Group

The P-1 classification also applies to individuals coming temporarily to perform as members of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. The artist must also demonstrate a sustained and substantial relationship with the group (ordinarily for at least one year) and/or functions integral to the group’s performance.

Documentary Requirements

• A written advisory opinion from an appropriate labor organization;
• A statement that the group has been established and performing regularly for at least one year;
• Evidence the group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of the group's receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least 3 of the following:
• The group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
• The group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material;
• The group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials;
• The group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications;
• The individual has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field in which the individual is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the individual's achievements; or
• The group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence.

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P-2 Artistic Exchange

The P-2 classification applies to an individual coming temporarily to perform as an artist or entertainer individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.

Documentary Requirements

The I-129 petition must be filed by the sponsoring organization, an employer in the U.S., or the U.S. labor organization that negotiated the agreement. The petition must be filed with:

• A written consultation by an appropriate labor organization;
• A copy of the formal reciprocal exchange agreement between the U.S. organization(s) sponsoring the individual and the organization(s) in a foreign country which will receive the U.S. artist or entertainer;
• A statement from the sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition for which classification is sought;
• Evidence the individual and the U.S. artist or entertainer subject to the reciprocal exchange agreement are artists with comparable skills and that the terms and conditions of employment are similar.
• Evidence that an appropriate labor organization in the U.S. was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers.

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P-3 Culturally Unique Artists

The P-3 classification applies to individuals coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Documentary Requirements

The petition should be filed by the sponsoring organization or employer in the U.S. with:

• A written consultation from an appropriate labor organization;
• Affidavits, testimonials or letters from recognized experts attesting to the authenticity of the individual's or group's skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of the individual’s or group’s skills.
• Documentation that all of the performances or presentations will be culturally unique events, and;
• Documentation that the performance of the individual or group is culturally unique as evidenced by reviews in newspapers, journals or other published materials.

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P-1, 2, or 3 (Accompanying Support Personnel)

This category applies to accompanying support personnel who are highly skilled individuals coming temporarily as an essential and integral part of the competition or performance of a P-1, P-2, or P-3. Essential support personnel must perform support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance or services of the athlete or entertainer.

Documentary Requirements

The petition must be filed in conjunction with the petition for a P-2 individual by a U.S. employer and must be filed with:

• A written consultation with a labor organization in the skill in which the individual will be involved;
• A statement describing the individual's prior and current essentiality, critical skills and experience with the principal individual;
• A copy of any written contract between the employer and the individual or a summary of the terms of the oral agreement under which the individual will be employed.

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(Q-1) International Cultural Exchange Program Participants

The Q-1 classification applies to participants in an international cultural exchange program approved by the Attorney General for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the individual's home country.

Individuals who will apply for their visas at the same consulate or, if they do not need visas, will enter at the same port of entry may be included in one petition if they will be involved in the same international cultural exchange program.

Evidentiary Requirements

A U.S. employer or foreign employer may file the I-129 Q-1 petition; however, a foreign employer's petition must be signed by a U.S. citizen or permanent resident employed by the qualified employer on a permanent basis in an executive, managerial, or supervisory capacity for the prior year. The petition must be filed with evidence that the employer maintains an established international cultural exchange program. This may be demonstrated by submitting copies of catalogs, brochures or other types of material which illustrate that the cultural component of the program is designed to give an overview of the attitude, customs, history, heritage, philosophy, tradition and/or other cultural attributes of the participant's home country; and the program activities take place in a public setting where the sharing of culture can be achieved through direct interaction with the American public or a segment thereof. Petitioner must also show that it has designated a qualified employee to administer the program and serve as liaison with DHS, and will offer the individual wages and working conditions comparable to those accorded local domestic workers similarly employed, and that it has the financial ability to compensate the participant(s), as shown by a copy of the employer's most recent annual report, business income tax return or other form of certified accountant's report.

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(R-1) Religious Worker

The R-1 classification applies to religious workers coming to the U.S. temporarily to work:

• As a minister of religion,
• As a professional in a religious vocation or occupation, or
• For a bona fide nonprofit religious organization at the request of the organization, in a religious occupation which relates to traditional religious functions.

The applicant (religious worker) must have been a member of the same religious denomination for at least the two years immediately prior to the application date. To be eligible, the U.S. petitioning organization must be a nonprofit religious organization granted (or eligible for) tax exempt status, and must demonstrate that it can and will provide for all of the R-1 beneficiary’s financial and physical needs.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of R-1 workers are entitled to R-2 status. Dependents may be students in the U.S., but may not be employed under the R-2 classification.

Evidentiary Requirements

The petition may be filed by an authorized official of the U.S. organization and must be filed with:
A written statement from an authorized official of the religious organization that will be employing the individual establishing that the individual has been a member of the denomination for the required two years. The letter must provide a description of the proposed position, and indicate that the individual is qualified for the position. It must detail the arrangements, if any, for salary, benefits, and other compensation, include the name and location of the place the individual will provide the services, and the organization’s affiliation with the denomination. Note: if the individual is to be employed, the CIS requires that this letter be from the organizational unit responsible for maintaining I-9’s. The petition must also include evidence showing that the religious organization or any affiliate which will engage the individual’s services is a bona fide nonprofit, religious organization in the U.S. and is exempt from taxation in accordance with section 501(c)(3) of the Internal Revenue Code of 1986.

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(TN) Employing Canadian and Mexican Professionals Under NAFTA

The 1994 North American Free Trade Agreement (NAFTA) created a new classification, “TN,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications. TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA (see below) and the TN employee must possess the credentials required. There is no annual limit on TN-1 admissions from Canada or Mexico.

Dependents

Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the TD status.

Evidentiary Requirements for Canadian citizens:

This classification does not require a petition for employment if the individual is a Canadian citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at a Class A U.S. port of entry. They must provide:

• A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
• evidence that the beneficiary meets the education and/or alternative credentials for the activity;
• evidence that all licensure requirements, where applicable to the activity, have been satisfied; and
• evidence of Canadian citizenship.

Evidentiary Requirements for Mexican citizens:

This classification does not require a petition for employment if the individual is a Mexican citizen and is outside the U.S. However, Mexican citizens are still required to obtain TN visas at the U.S. consulate abroad. They must provide:

• A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
• evidence that the beneficiary meets the education and/or alternative credentials for the activity;
• evidence that all licensure requirements, where applicable to the activity, have been satisfied;
• evidence of Mexican citizenship.

List of TN eligible positions and educational requirements:
Profession	Minimum Education Requirements and Alternative Credentials
Accountant	Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A.
Architect	Baccalaureate or Licenciatura Degree; or state/provincial license
Computer Systems Analyst	Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years’ experience
Disaster Relief Insurance Claims Adjuster (Claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)	Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years’ experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
Economist	Baccalaureate or Licenciatura Degree
Engineer	Baccalaureate or Licenciatura Degree; or state/provincial license
Forester	Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer	Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years’ experience
Hotel Manager	Baccalaureate or Licenciatura Degree in hotel/restaurant management; or post-secondary diploma or post-secondary certificate in hotel/restaurant management and three years’ experience in hotel/restaurant management
Industrial Designer	Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years’ experience
Interior Designer	Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years’ experience
Land Surveyor	Baccalaureate or Licenciatura Degree; or state/provincial/federal license
Landscape Architect	Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the province of Quebec)	L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years’’); or membership in a state/provincial bar
Librarian	M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura degree was prerequisite)
Management Consultant	Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years’ experience as a management consultant, or five years’ experience in a field of specialty related to the consulting agreement
Mathematician (including statistician)	Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationist	Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution)	Baccalaureate or Licenciatura Degree
Scientific Technician/ Technologist	Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker	Baccalaureate or Licenciatura Degree
Sylviculturist (including forestry)	Baccalaureate or Licenciatura Degree
Technical Publications Writer	Baccalaureate or Licenciatura Degree, or post-secondary diploma or post-secondary certificate, and three years’ experience
Urban Planner (including Geographer)	Baccalaureate or Licenciatura Degree
Vocational Counselor	Baccalaureate or Licenciatura Degree
MEDICAL / ALLIED PROFESSIONS
Dentist	D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license
Dietitian	Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)	Baccalaureate or Licenciatura Degree; or post secondary diploma or post secondary certificate, and three years’ experience
Nutritionist	Baccalaureate or Licenciatura Degree
Occupational Therapist	Baccalaureate or Licenciatura Degree; or state provincial license
Pharmacist	Baccalaureate or Licenciatura Degree; or state provincial license
Physician (teaching or research only)	M.D., Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist	Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist	State/provincial license; or Licenciatura degree
Recreational Therapist	Baccalaureate or Licenciatura Degree
Registered Nurse	State/provincial license or Licenciatura degree
Veterinarian	D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license
SCIENTIFIC POSITIONS
Agricultural (Agronomist)	Baccalaureate or Licenciatura Degree
Animal Breeder	Baccalaureate or Licenciatura Degree
Animal Scientist	Baccalaureate or Licenciatura Degree
Apiculturist	Baccalaureate or Licenciatura Degree
Astronomer	Baccalaureate or Licenciatura Degree
Biochemist	Baccalaureate or Licenciatura Degree
Chemist	Baccalaureate or Licenciatura Degree
Dairy Scientist	Baccalaureate or Licenciatura Degree
Entomologist	Baccalaureate or Licenciatura Degree
Epidemiologist	Baccalaureate or Licenciatura Degree
Geneticist	Baccalaureate or Licenciatura Degree
Geochemist	Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States)	Baccalaureate or Licenciatura Degree
Horticulturist	Baccalaureate or Licenciatura Degree
Meteorologist	Baccalaureate or Licenciatura Degree
Pharmacologist	Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada)	Baccalaureate or Licenciatura Degree
Plant Breeder	Baccalaureate or Licenciatura Degree
Poultry Scientist	Baccalaureate or Licenciatura Degree
Soil Scientist	Baccalaureate or Licenciatura Degree
Zoologist	Baccalaureate or Licenciatura Degree
EDUCATIONAL
College	Baccalaureate or Licenciatura Degree
Seminary	Baccalaureate or Licenciatura Degree
University	Baccalaureate or Licenciatura Degree

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