Law Offices of Antone & Casagrande, P.C.

---

HomeAttorneysEmail UsPractice AreasCareersSitemapOur Blog     

 

Trade NAFTA

The North American Free Trade Agreement (NAFTA) entered into by the United States, Canada, and Mexico, allows for expedited admission of various categories of business persons, among other provisions. Generally speaking, there are four types of business persons for whom entry procedures are eased. Those business persons include: business visitors, certain professionals categories specifically cited in NAFTA, traders and investors, and intra-company transferees. Our immigration lawyers in Michigan can assist you in obtaining a Trade NAFTA (TN) visa at any Michigan or other U.S. border.

Business Visitors

Business visitors are those paid from a foreign source, temporarily entering into the United States to pursue activities consistent with international business but not seeking to enter the U.S. local domestic market. The State Department has issued guidelines for activities acceptable for all business visitors from around the world. NAFTA has increased the scope of these accepted activities for business visitors under NAFTA to include research and design, growth manufacturing and production, marketing, sales, distribution, after sales services, and general services.

To be eligible, persons seeking entry as a business visitor must provide evidence that:

1. They are a citizen of a member country;
2. They are seeking entry to conduct business activities;
3. The proposed business activity is international in scope;
4. They have no intention of seeking employment;
5. Their primary source of remuneration is outside of the country in which they are seeking entry;
6. The principal place of business and the accrual of profits remain outside of the country to which they are seeking entry; and,
7. They meet existing immigration requirements to temporary entry.

Certain Professional Categories

NAFTA allows the entry into the United States of certain professional designations listed under what is called "Schedule 2" of NAFTA. Schedule 2 has a list of qualifying professional titles, which is followed by the specific degree and experience required for every such title. Those titles include engineers, computer system analysts, accountants, scientific technician and technologist, medical and allied professions, lawyers, management consultants, graphic designers, economists, teachers, and a whole host of other professional titles. Canadians can receive expedited processing at various points of entry. Mexican nationals, on the other hand, need to apply first at a Regional Service Center in a process somewhat similar to the H-1B process.

Persons seeking entry as a NAFTA professional must provide evidence that:

1. They are a citizen of a member country;
2. The occupation to be engaged in is included in Schedule 2;
3. They are qualified to work in the occupation in which they are to be engaged;
4. The length of anticipated stay is no more than one year prior to renewal (which can be done indefinitely);
5. They have prearranged employment or a contractual agreement with an entity located within the country to which they are seeking entry;
6. They comply with all licensing requirements for the position; and,
7. They meet existing immigration requirements for temporary entry.

Traders, Investors, and Intra-company Transferees

The provisions for traders, investors, and intra-company transferees, to a large extent, are identical to the provisions applicable to nationals from other countries with the exception of certain "strike provisions". The main exception and difference under NAFTA is for L-1 intra- company transferees visitors from Canada, which can now be processed at the border and do not need prior approval from the Immigration and Naturalization Service.

Persons seeking entry as intra-company transferee must provide evidence that:

1. They are a citizen of a member country;
2. They are entering temporarily;
3. They are entering the country to engage in temporary employment with the affiliate, subsidiary, or parent company of their employer; and,
4. They have worked for at least one year immediately preceding the L-1 entry with the company in the same capacity the applicant intends to work.