4.
STUDENT VISAS, F-1 and M-1.
The F-1 visa is intended for students wishing to pursue academic
studies and language training programs in the U.S. Candidates for an
F-1 visa would include academic students in colleges, universities,
seminaries, conservatories, academic high schools, and/or other
academic institutions approved by the Immigration and Naturalization
Service. For more information on student visas go to
http://uscis.gov/graphics/services/tempbenefits/studvisas.htm.
5.
NAFTA
VISA, TN.
A TN visa covers professionals under the North American Free Trade Agreement
and is only made available to citizens of
Mexico
and Canada which are U.S. NAFTA trading countries. Under the NAFTA
Agreement, a citizen of Mexico or Canada may work in a professional
occupation in another NAFTA country (i.e., Mexico, Canada or the U.S.).
However, there are certain criteria’s that must be met:
·
The
profession is on the
NAFTA Professional Job Series List,
·
The alien
possesses the specific criteria for that profession,
·
The
prospective position requires someone in that professional capacity
The
spouse and unmarried, minor children of the principal alien are entitled to
the derivative status, but they are unable to accept employment in the
United States. Aliens entering under this classification are considered
non-immigrants.
Please note that the requirements for Canadians and Mexicans wishing to
enter under a “TN” visa status are not the same.
Citizens
of Canada
must
provide the following at the port of entry:
·
A request
for “TN” status;
·
A copy of
the applicant's college degree and employment records which establishes
qualification for the prospective job;
·
A letter
from the alien's prospective U.S.-based employer offering him or her a job
in the United States, which is included on the professional job series
(NAFTA list); and
·
Pay a fee
of U.S. $50.00.
Canadian
citizens are not required to obtain a visa, but instead receive "TN" visa
status with the Bureau of Citizenship and Immigration Services (BCIS) at the
port of entry. The "TN" status will only be granted if the period of stay is
temporary.
How can
an application for extension of temporary stay be made?
Applications for extension of stay are processed by the Bureau of
Citizenship and Immigration Services (BCIS). Canadian citizens have two
options:
·
They
may have their employer file an I-129 form at the closest regional BCIS
office. This option does not require leaving the U.S.
·
Canadians
may return to Canada to re-apply at the port of entry with the same
documentation that is required for an original application.
Citizens
of Mexico
must meet
the following requirements:
·
First,
the prospective employer must file a labor condition application;
·
Then, the
applicant's prospective employer must file an I-129 "Petition For
Non-Immigrant Workers" with the Bureau of Citizenship and Immigration
Services (BCIS); and
·
After the
petition has been approved, the alien must apply for a non-immigrant visa at
a U.S. Embassy or Consulate in Mexico.
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