NAFTA VISA

VISAS for Canadians and Mexicans:

 

On January 1, 1994, the United States, Canada and Mexico entered into the North America Free Trade Agreement, which allows for expedited admission of citizens of Canada and Mexico for business purposes into the US in a nonimmigrant capacity.

The spouse and unmarried, minor children of the principal are entitled to the derivative status, but they are unable to accept employment in the United States.

Requirements for admission and authorized durations of stay vary for each category. Immigration categories which are included under NAFTA are:

1.B-1 temporary business visitors.

2.TN professionals.

3.E traders and investors

4.L-1 intra company transfers.

1. B-1 temporary business visitors. B-1 Visitors for business must be engaged in international business activities related to research and design, growth, manufacture and production, marketing, sales, distribution, after-sales service, and other general services reflecting activities in a complete business cycle, and must not receive remuneration from US sources. The maximum period of admission is one year and is given at the border.

2. TN Professionals. A citizen of a NAFTA country may work temporarily in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the person possesses the specific criteria for that profession, 3) the offered position requires someone in that professional capacity and 4) the person is going to work for a U.S. employer.

The maximum period of initial stay is one year, with unlimited one year extensions.

In order to qualify, professionals must fall under one of the following categories (almost all of which require at least a bachelor's degree):

Professions: Accountant, Architect, Computer Systems Analyst, Disaster Relief Insurance, Claims Adjuster, Economist, Engineer, Forester, Graphic Designer, Hotel Manager, Industrial Designer, Interior Designer, Land Surveyor, Landscape Architect, Lawyer (including Notary in Quebec), Librarian, Management Consultant, Mathematician, Range Manager/Conservationist, Research Assistant (in post-secondary education), Scientific Technician/Technologist, Social Worker, Sylviculturist (including forest specialist), Technical Publications Writer, Urban Planner (including geographer), Vocational Counselor

Medical/Allied Professions: Dentist, Dietitian, Medical Lab Technologist, Nutritionist, Occupational Therapist, Pharmacist, Physician (teaching/research only), Physiotherapist/ Physical Therapist, Psychologist, Recreational Therapist, Registered Nurse, Veterinarian

Scientists: Agriculturist (agronomist), Animal Breeder, Animal Scientist, Apiculturist, Astronomer, Biochemist, Biologist, Chemist, Dairy Scientist, Entomologist, Epidemiologist, Geneticist, Geologist, Geophysicist (including oceanographer in Mexico/US), Horticulturist, Meteorologist, Pharmacologist, Physicist (including oceanographer in Canada), Plant Breeder, Poultry Scientist, Soil Scientist, Zoologist

Teachers: College, Seminary, University

Documents. The requirements for Canadians and Mexicans wishing to enter under this classification are not the same. Careful preparation of application documents is critical to success.

3) E Traders and Investors: Qualifying persons can enter the United States to carry on substantial trade involving the flow of goods or services principally between the US and Canada/Mexico (traders), or enter the U.S. to develop and direct a bona fide enterprise in which they have made a substantial investment of capital (investors). In both cases, the person either investing or trading must be a citizen of Mexico or Canada. Application is made at a U.S. Consulate. Careful preparation of documents is critical.

Canadian citizens may receive E visa stamps valid for up to five years. Mexican citizens may receive E visa stamps valid for six months. [See Temporary Working Visas] for more information.

 

4) L-1 Visa. Qualifying persons must be coming to a US parent, branch, subsidiary or affiliate of a foreign company. The person must have been continuously employed abroad by the foreign company for at least one year in the preceding three years in an executive, managerial or specialized knowledge capacity, and must be coming to the US to be employed in one of these capacities. The maximum period of authorized stay for managers and executives is seven years; for specialized knowledge employees the maximum period of authorized stay is five years. [See Temporary Working Visas.]