| With the immigrant visa (“green card”) annual | | | | U.S. consulate either. Upon admission to the U.S., the |
| quota being severely backlogged thereby resulting in a | | | | Canadian citizen will be issued a Form I-94 for a period |
| long and unpredictable waiting list and H-1B visas | | | | not exceeding 1-year, which will be marked “multiple |
| generally being unavailable for nurses, the search | | | | entry” and can be used for future entries to the US |
| continues for nurses and physical therapists for faster | | | | during its validity. |
| ways to enter the United States to commence | | | | A Mexican citizen submits the application package |
| employment in their professions. Fortunately, under the | | | | described above directly to a U.S. consulate as part of |
| North American Free Trade Agreement | | | | an application for a TN visa. The consul makes the |
| (“NAFTA”), nurses and physical therapists who | | | | determination as to whether the applicant is eligible for |
| are citizens of Canada and Mexico have a possible | | | | a TN visa. Upon admission to the U.S., the applicant will |
| solution. The TN classification or visa pursuant to | | | | be given a “multiple entry” Form I-94 for a period |
| NAFTA is quicker and easier than the green card | | | | not exceeding 1 year. |
| process, is not subject to annual quotas and is not | | | | Spouses and unmarried children under 21 of the TN |
| subject to prevailing wage and other labor condition | | | | can be issued TD status or TD visas to accompany |
| application (“LCA”) requirements. A registered | | | | or follow to join the TN. A TD dependant is not |
| nurse requires a state/provincial license or Licenciatura | | | | permitted to work in the U.S. but may attend school. |
| Degree. A physical therapist requires a Baccalaureate | | | | TN classification or a TN visa requires non-immigrant |
| or Licenciatura Degree or a state/provincial license. In | | | | intent. As long as nonimmigrant intent continues to exist, |
| addition to the above credentials, the applicant must | | | | the TN classification or TN visa can be extended in |
| present a Canadian or Mexican passport and a letter | | | | 1-year increments. |
| from the prospective employer in the U.S. that contains | | | | Obtaining permanent resident (”green card”) |
| a job description and the anticipated length of stay and | | | | status for a TN can be challenging. Because of the |
| salary. A VisaScreen certificate is required in all cases. | | | | strict non-immigrant intent requirement of a TN, the |
| All TN non-immigrants are subject to the laws of the | | | | limited validity period of 1-year for a TN and the lengthy |
| state of intended employment regarding professional | | | | immigrant visa-quota waiting period, there generally is |
| licenses, but will not need to acquire the relevant | | | | not enough time to complete the green card process |
| license prior to admission to the U.S. However, the | | | | before it becomes necessary to extend the TN for |
| nurse or physical therapist must obtain the appropriate | | | | another year. If the green card process is started for a |
| professional license from the state of intended | | | | TN, there very likely will be problems extending the TN |
| employment prior to commencing employment. | | | | and/or re-entering the U.S. after travel abroad. TN |
| A Canadian citizen may present the application | | | | physical therapists may be able to resolve this issue |
| package, described above, directly to an immigration | | | | by changing status to H-1B (a dual intent status) before |
| officer at a U.S. port of entry at the time of entry. The | | | | starting the green card process. Unfortunately, H-1B |
| immigration officer will make the determination as to | | | | status is generally not available to registered nurses. |
| whether the applicant is admissible as a TN. No prior | | | | Future legislation may address the quota issues and |
| petition approval is required. No visa is required from a | | | | help resolve this issue. |