TN Visa Preserves North American Free Trade Agreement Provisions : Immigration Law Blog

The North American Free Commerce Settlement (NAFTA) established the TN visa to facilitate short-term employment within the U.S. for sure Canadian and Mexican residents. NAFTA was signed in 1992, by the Presidents of the three nations, the U.S., Canada, and Mexico. Adopted by former president Invoice Clinton signing it into regulation on December 8, 1993, NAFTA took impact from January 1, 1994.

When former president Donald Trump took energy, after a lot negotiation, the 24-year-old commerce settlement between the three nations, underwent drastic modifications. The brand new settlement that was renamed as United States-Mexico-Canada Settlement (USMCA) took impact on July 1, 2020. Regardless of the variety of modifications that the commerce settlement went by way of, it retained the NAFTA provisions for work visas with none modifications. The retention of the visa program was a major reduction to employees in additional than 60 professions and employers throughout the continent.

NAFTA/USMCA

The first goal of NAFTA and now the USMCA is to facilitate cross-border motion of products and providers, to advertise truthful competitors, enhance funding alternatives, and supply safety and the enforcement of mental property rights.

NAFTA created particular financial and commerce relationships for the three nations. This allowed the residents of Canada and Mexico, to enter the U.S. beneath the TN visa, to work in the united statesin prearranged enterprise actions for U.S. or overseas employers.

The TN Visa

The TN visa might be availed solely by Canadian and Mexican nationals. The Settlement lists out round 60 professions, that may avail of this visa. The place should be of the character that it requires a TN skilled. The TN applicant should work in a prearranged full-time or part-time job for an employer. TN visas will not be issued for a self-employed skilled. The Applicant should show that they possess the {qualifications}, assembly the precise necessities of training, and/or expertise, of the occupation.

Making use of for the TN Visa is a posh course of with a number of steps to be accomplished on the U.S. Embassy, U.S. Citizenship and Immigration Companies (USCIS), or consulate. For a Canadian visa applicant – an software might be filed on the port-of-entry. Alternatively, an employer can file Type I-129, Petition for Nonimmigrant Employee to USCIS. An employer can even expedite this course of by means of premium processing. In case of premium processing, USCIS will reply to the applying inside 15 enterprise days, the TN software is filed by way of premium processing.

As soon as the applying is accredited, the potential employee might apply for entry into the U.S. on the port-of-entry, by displaying Type I-129’s approval discover and proof of Canadian citizenship. Not like Canadian nationals, Mexican nationals can’t request the TN visa immediately on the port of entry. They should have an accredited TN visa by way of the U.S. embassy or consulate in Mexico. Solely as soon as the visa is accredited, might the Mexican nationals search entry into the U.S. as TN visa holders.

The TN visa is accredited for an preliminary interval of as much as three years. On the expiry of the time period of the visa, an employer can file for an extension of keep on behalf of the TN visa holder, whereas being contained in the U.S. Alternatively, the visa holder can even depart from the U.S. earlier than the expiration of the interval of keep and will apply to enter at a U.S. Customs and Border Safety-designated U.S. port of entry.

Spouses and youngsters under the age of 21 years could also be eligible to enter the U.S. as dependents of the TN visa holder. This visa is assessed as a TD nonimmigrant standing. Nonetheless, spouses and youngsters of TN visa holders will not be permitted to work whereas they dwell within the U.S., however they’re permitted to check. The interval of keep granted won’t be longer than the interval of keep for the TN visa holder.

To study extra about this weblog submit or when you have some other immigration issues, please be at liberty to contact me at rglahoud@norris-law.com or (484) 544-0022.