The North American Free Trade Agreement (NAFTA) allows Mexican and Canadian citizens with occupations and qualifying degrees or experience contained in a list called "Appendix 1603.D1" to qualify for "TN" status. Most NAFTA positions require bachelor's degrees and some require a higher degree or a license. Exceptions are made for a few occupations such as management consultants, scientific technicians or technologists, graphic designers, computer systems analysts, and technical publications writers.

Obtaining TN status for a Mexican citizen requires a procedure much like the H-1B: an LCA must be obtained from the DOL and then a TN petition is filed with the INS regional service center with TN jurisdiction.

There is no application form for a Canadian citizen to obtain TN status at a port of entry to the United States. (Note that a Canadian who is in the United States in a valid nonimmigrant status may obtain TN status by having a petition filed on her behalf with the appropriate regional INS service center with TN jurisdiction.) In order to obtain TN status, the applicant pays a filing fee and presents the following documents at the port of entry or at an INS pre-flight inspection office located in a Canadian airport:

1. Proof of Canadian citizenship such as birth certificate or passport. INS prefers passports as proof of citizenship. (Note that TN status under the NAFTA is only available to CITIZENS of Canada; it is not available to landed immigrants);
    
   
2. Employer's letter describing the proposed employment. The nature of employment must specifically correlate to a job on the TN schedule. The letter must also state that the applicant will comply with applicable state laws or licensing requirements. The letter should state the length of time the applicant's services will be needed (up to one year on first admission) and what remuneration (salary and benefits) will be given. Note, that under NAFTA, Canadians can be paid either by the U.S. company seeking their services or may continue to be paid by a foreign (non-U.S.) entity;
    
   
3. Copies of the documents showing professional qualifications:
   a.) degree and transcript; b.) license; c.) or proof of required number of years of experience (experience alone may be sufficient e.g., for a management consultant or technical writer);
    
   
4. A resume, or other record of past work experience and accomplishments, if available;
    
   
5. Informational or promotional materials about the prospective U.S. employer to show legitimacy of job offer, e.g. annual report or corporate brochures.
   

The applicant should take copies and originals of documents such as birth certificates and degrees in the event that the immigration inspector at the port of entry wants to compare them to the copies. Airports and ports of entry have widely varying processing requirements and should be contacted before departure.