Summary: A special category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement.

Description:

When the North American Free Trade Agreement between the US, Canada and Mexico went into effect on January 1, 1994, it was intended to do more than just lift barriers to the trade of goods between the signatory countries. It also created several new nonimmigrant visa categories, which are designed to ease the trade of services between the member countries. Four categories of businesspersons - B-1 temporary visitors for business; E traders and investors; TN professional workers; and L-1 intracompany transferees - are covered by NAFTA.

Business visitors who are paid from an overseas source and who accrue profits abroad, who are engaged in business of an international scope and who do not seek to enter the US work force are permitted to apply for the B-1. These requirements are the same as B-1 business visitor requirements applicable to any foreign national. The visa is issued at the border and can be granted for up to a year. NAFTA includes a schedule listing acceptable B-1 business activities, though nothing will preclude persons not on the list from securing a B-1 visa if the person otherwise meets the requirements for the B-1. The list includes certain persons engaged in the following occupation:

• technical, scientific, and statistical researchers
• harvester owners
• purchasing and production management personnel
• market researchers and analysts
• trade fair and promotional personnel attending a show
• sales representatives and agents
• buyers
• transportation operators
• customs brokers providing brokerage or consulting services
• after-sales installers, repair and maintenance personnel
• professionals (whose professions are included in the list of professions eligible for the TN visa) engaged in a business activity who are not receiving payment from a US source
• management and supervisory personnel
• financial services personnel
• public relations and advertising personnel
• tourism personnel attending conferences or leading a tour
• tour bus operators
• translators

The B-1 visitor must be coming to the US to perform work in their field and certain workers are only permitted to engage in very limited activities (such as meeting with a client or attending a conference). Unlike normal B-1 visas, NAFTA B-1 visas can be granted to self-employed persons (assuming all of the other tests for the B-1 are also met).

The procedures for Canadians receiving a B-1 under NAFTA are very similar to the normal B-1 visa. The Canadian must present proof that he or she is Canadian, that he or she is engaged in a profession listed in Schedule 1 (unless another acceptable activity is intended) and supporting evidence showing that the general criteria for the B-1 visa are met. Such evidence should include information related to the source of payment for work performed and proof that the profits from the work will flow out of the US.

For Mexicans, the procedure for applying for the NAFTA B-1 is the same as prior to NAFTA's effectiveness. Persons possessing border crossing cards, which are stamped in a passport, do not need visas. Border crossing cards (which are issued at the US consulates in Juarez, Hermosillo, Nuevo Laredo, Matamoros, and Tijuana) are issued to those temporary visitors who are otherwise eligible for a visa. Those without border crossing cards must secure a B-1 visa stamp, which can also be obtained at a US consulate.

Similar to the H-1B program, the TN visa is designed for professionals entering the country to work for a US employer or on multiple projects for a Canadian or Mexican firm. Unlike the H-1B visa, however, the TN visa is limited to professions specifically listed by a schedule in NAFTA. The following professions are listed:

• accountant
• architect
• computer
• disaster relief insurance claims adjuster
• economist
• engineer
• forester
• graphic designer
• hotel manager
• industrial designer
• interior designer
• land surveyor
• landscape architect
• lawyer
• librarian
• management consultant
• mathematician
• range manager/range conservationist
• research assistant
• scientific technician/technologist
• social worker
• sylviculturist
• technical publications writer
• urban planner
• vocational counselor
• medical/allied professional (dentist, dietitian, medical laboratory technologist, nutritionist, occupational therapist, pharmacist, physician, physical therapist, psychologist, recreational therapist, registered nurse and veterinarian)
• scientist (agriculturist, animal breeder, animal scientist, apiculturist, astronomer, biochemist, biologist, chemist, dairy scientist, entomologist, epidemiologist, geneticist, geochemist, geologist, geophysicist, geologist, geophysicist, horticulturist, meteorologist, pharmacologist, physicist, plant breeder, poultry scientist, soil scientist and zoologist)
• teacher (college, seminary, university)

The schedule of occupations also lists the credentials an alien must possess in order to be considered a member of a particular profession.

The TN visa is granted for up to one year initially and, as long as the purpose of the stay is still temporary, the visa may be extended in one-year increments (and unlike the H and L visas, there is no limit on renewing the TN visa).

For Canadians, the TN visa, like the NAFTA B-1 visa, may be issued at the border or point of entry without prior INS clearance. TN professionals should check with officials at the port of entry or their attorney regarding how much time should be allowed for processing at a particular location. The Canadian professional is required to document that he or she is a member of one of the scheduled professions with the appropriate educational credentials. Mexican professionals, however, must apply for the TN visa in the same manner as for the H-1B (i.e. a labor condition application and INS filing are required and the visa must be stamped at a US consulate).