TN and L-1 visa categories can be reliable and cost-effective.
Manufacturing companies finding it difficult to locate qualified workers in the U.S. market may benefit from opening their recruiting to the entire North American market. While many employers shy away from providing immigration sponsorship, either from lack of knowledge about the available options or from the perception that it is expensive, the TN and L-1 visa categories can be reliable, cost-effective ways of bringing qualified workers to the U.S. from Canada and Mexico.
Overview of TN Eligibility
TN status is available solely to citizens of Canada or Mexico who seek entry to the U.S. to perform a job in one of 62 professions enumerated in Appendix 1603 of the USMCA. The methods available to apply for TN status depend on whether the applicant is a citizen of Canada or Mexico and whether the applicant currently is in the U.S. or abroad.
Canadian citizens are visa-exempt in most nonimmigrant categories, including TN and L-1 status. Canadian citizens who are outside the U.S. therefore can apply directly at a port of entry for admission to the U.S. in TN status and, upon approval, are admitted to the U.S. in TN status and are authorized to begin working on the same day. The filing fee at the port of entry has been $56 since 1994.
Mexican citizens are not visa-exempt and therefore must apply for a TN visa at a U.S. Consulate in Mexico before being admitted to the U.S. in TN status. The requirements otherwise are the same. There currently is a wait time of several months for an appointment to become available for the consulate; this wait time should be factored into business planning. The visa application fee is currently $185, and in addition to that, a reciprocity fee of $357 applies for a four-year TN visa. Once the visa is issued, the individual can use their passport or visa to enter the U.S. in TN status and begin working.
Canadian and Mexican citizens who currently are in the U.S. (such as those already in TN status and working for another employer) have the option of either leaving the U.S. and reapplying for a new visa abroad (for Mexican citizens) or readmission (for Canadian citizens); or their prospective new TN employer may file a TN transfer petition on their behalf with USCIS to change their employer without having to travel abroad. The filing fees to USCIS total $1,615 with regular processing.
TN categories include the following:
| TN Category |
Requirements to Qualify |
| Engineer (all types, including software engineers) |
Baccalaureate or Licenciatura Degree OR state or provincial license |
| 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
- Generally requires 2 years of post-secondary education or training
- Must work in direct support of, and interrelated with that of the supervisory professional
- May not work in construction trades
|
| Accountant |
Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A |
| Computer Systems Analyst |
Baccalaureate or Licenciatura Degree; or Post‐Secondary Diploma or Post Secondary Certificate issued in North America, and three years’ experience. |
| Industrial Designer |
Baccalaureate or Licenciatura Degree; or Post‐Secondary Diploma or Post Secondary Certificate, and three years experience. |
| 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 |
| Technical Publications Writer |
Baccalaureate or Licenciatura Degree, or Post‐Secondary Diploma or Post‐Secondary Certificate, and three years’ experience. |
| Vocational Counselors |
Baccalaureate or Licenciatura Degree |
Overview of L-1 Eligibility
L-1 status is reserved for intracompany transferees and is only available to companies that are doing business in the U.S. and at least one other country through an affiliate, subsidiary, parent and/or branch office. Doing business is defined as the regular, systematic and continuous provision of goods and/or services and does not include the mere existence of a corporation or office. Individual employees of multinational corporations qualify for L-1 status if the following conditions are met:
- They must have worked full-time for at least one uninterrupted year within the last three years for the company outside the U.S. in a position that is managerial, executive or requires specialized knowledge. Specialized knowledge means either special knowledge or an advanced level of knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management or other interests and its application in international markets.
- The employer must be transferring them to the U.S. to fill a role that similarly requires them to act in a managerial, executive or specialized knowledge capacity.
Canadian citizens may apply for admission in L-1 status directly at a port of entry whereas a petition and visa must first be approved on behalf of Mexican citizens. The filing fees for an L-1 petition, whether filed at the border or with USCIS, total $2,495 for most initial petitions.
In summary, Canada and Mexico are excellent sources of skilled labor. The USMCA provides relatively low-cost options for securing temporary labor from these countries in visa categories that can be used by manufacturing companies.
