Articles Posted in NAFTA Visas

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By Yingfei Zhou, Esq.

The TN is a wonderful category to achieve quick entry for Canadians and Mexicans without the extra H-1B baggage of a labor condition application (LCA) or specialty occupation analysis. Canadian professionals listed in Appendix 1603. D.1 to Annex 1603 of NAFTA can apply and be admitted to the U.S. under TN work category in a 24-hour period. The TN is also useful Canadians and Mexicans who have used up their allotted L-1 and/or H-1B time.

When presenting a TN application at a POE/PFI, the application paperwork should be straightforward and streamlined. You need to bring proof of your Canadian or Mexican citizenship, a detailed letter describing the professional activity as it appears in 8 CFR 214.6, documentation of the credentials as listed in Appendix 1603.D.1 (a resume is recommended), and application fee. The application must include every item required in 8 CFR 214.6(d).

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By Yingfei Zhou, Esq.

In late Friday afternoon of May 2, 2014, the client, a Canadian citizen, contacted our firm about applying for a TN visa as a Technical Publications Writer. A few days before coming to our office, he was denied TN status at the U.S./Canada Champlain border. According to the client, the border agent denied the application, after finding that our client had no experience as a Technical Publications Writer based on the documents presented at the interview. The denial was later confirmed by the CBP supervisor.

The client contacted our firm and wanted to retain us to review his prior application documents which were all prepared by him and help him re-apply for the same position. During the initial communication, the client told us that he already booked an early flight on Monday morning, May 5, to re-apply for the same visa at the Montreal airport. In particular, the client was worried about the strength of his case and was concerned about lack of time for case preparation before his travel on Monday. To relieve his anxiety, the case was immediately assigned to an associate attorney at our office specialized in TN visa applications to ensure that the case would be finished in the same afternoon.

Great update provided by AILA regarding TN Visa Admissions for Canadian Applicants. The fundamental and most valuable benefit to Canadians under NAFTA is the speed with which applications can be processed at the Port of Entry. You can arrive to the Border, present the application, pay the filing fee, and walk away with a record of admission (I-94) to evidence your newly acquired status. Unlike remote service center processing, this procedure also provides a rare opportunity to explain your application by having the chance to try to address the adjudicator’s concerns right on the spot. NAFTA frequently gives us this rare opportunity.

The North American Free Trade Agreement (NAFTA) allows certain Canadian and Mexican professionals to qualify for TN nonimmigrant classification in order to provide professional services in the United States.

A citizen of Canada may apply for TN classification concurrently with an application for admission at a U.S. Class A port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-clearance/pre-flight station. It is not necessary for a citizen of Canada to first apply for a TN visa at a U.S. consulate outside the United States.

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level, as defined in the North American Free Trade Agreement (NAFTA).

Generally, to be eligible for TN status: 1) you have to be a citizen of Canada or Mexico, meaning permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional; 2) your profession qualifies under the NAFTA regulations; 3) the position in the United States requires a NAFTA professional; 4) you have a proffered job with a U.S. employer; and 5) you need to demonstrate qualifications to practice in the profession in question.

Among all the listed professions, Management Consultant has undoubtedly become the most popular one. Our office has helped various clients obtained their TN status as a Management Consultant. For your reference, here we’ve listed the top 5 points need to pay close attention to when applying under the category of Management Consultant.

Canadians have unique procedural options to apply for admission in a status that authorizes employment. The different procedural options primarily are for L‐1 intracompany transferees and TN professional workers.

Intracompany Transferees L1 Visa:

Under the North American Free Trade Agreement (NAFTA), citizens of Canada are authorized to present a petition for L‐1 classification concurrently with an application for admission to the United States. Customs and Border Protection (CBP) officers are authorized to adjudicate such L petitions.

The North American Free Trade Agreement (NAFTA) Professional (TN) visa allows citizens of Canada and Mexico to seek temporary entry into the United States to engage in business activities at a professional level, such as Accountant, Economist, Computer Systems Analyst, Engineer, etc.

Only Canadian and Mexican citizens who are professionals can apply for a TN Visa to work in the United States. The visa lasts up to a maximum of three years which is consistent with other non-immigrant worker categories, such as H1-B. However, the TN process is usually quick if qualify and there are no limits on how many of these visas are issued each year.

In order to obtain the TN status, beneficiaries must have an offer from a U.S. company or a client that is a U.S. company. Also, they need to ensure that they have the necessary qualifications that meet the requirements of the visa, according to the list of “NAFTA Professional Job Series List”.

In a previous Blog post we have updated the period of Admission for Canadian Applicants, this post will provide the latest update for Mexican Professional Applicants under NAFTA.

Prior to Mexico’s accession to the U.S./Canada agreement. IMMACT90 made U.S. immigration laws more restrictive. When Congress later approved the favored relationship–NAFTA–citizens of Mexico were given the benefit of the then-current U.S. immigration law. Benefits granted to Canadian citizens of the CFTA prior to IMMACT90, therefore, were not granted to citizens of Mexico. Unlike Mexicans, Canadians are not required to have visas except in the E and K categories, although they must meet all the requirements of a visa category to be eligible for admission to the United States.

In contrast, citizens of Mexico without border crossing cards (BCCs) must have visas, and therefore, they are not eligible for the port-of-entry adjudication afforded Canadian citizens by NAFTA. Although U.S. immigration laws have become increasingly restrictive, NAFTA citizens of Canada and Mexico are favored more than businesspersons from any other country.