Trade NAFTA
The North American Free Trade Agreement (NAFTA) permits certain Canadian and Mexican professionals to enter the United States to work for U.S. employers in increments of one year. The prospective business professional must have at least a baccalaureate degree or appropriate credentials to be qualified for Trade NAFTA (TN) status.
Kolken & Kolken has uncommon success finding the right NAFTA category for our clients, and providing our people with the information required to ensure lawful compliance with the United States immigration laws, and North American Free Trade Agreement. We would be happy to review your matter in complete detail to determine what NAFTA category is right for you. To directly speak with one of the partners of the firm about your eligibility for Trade NAFTA status call the office at (716) 854-1541 to schedule an appointment.
The following basic definitions are utilized by a Free Trade Officer to determine whether you are eligible and qualified to be admitted to the United States in Trade NAFTA status.
-
Business person, as defined in the NAFTA, is a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities.
-
Engage in business activities at a professional level is defined as the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self- employed. A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner.
-
Temporary entry is defined as entry without the intent to establish permanent residence. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien's entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.
The qualifying Trade NAFTA professions are set forth in Appendix 1603.D.1 to Annex 1603. The professions in Appendix 1603.D.1 and the minimum requirements for qualification for each are as follows:
Appendix 1603.D.1 of the NAFTA
Professionals
PROFESSIONS(1) - MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS
Click here to see how we can help you.Accountant- Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.
Architect - Baccalaureate or Licenciatura Degree; or state/provincial license(2)
Computer Systems Analyst - Baccalaureate or Licenciatura Degree; or Post- Secondary Diploma(3) or Post-Secondary Certificate(4), and three years experience
Disaster Relief Insurance Claims Adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) - Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
Economist - Baccalaureate or Licenciatura Degree
Engineer - Baccalaureate or Licenciatura Degree; or state/provincial license
Forester - Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Hotel Manager - Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Industrial Designer - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Interior Designer - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Land Surveyor - Baccalaureate or Licenciatura Degree; or state/provincial/federal license
Landscape Architect - Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the Province of Quebec) - LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar
Librarian - M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management Consultant - Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Mathematician (including Statistician) - Baccalaureate or Licenciatura Degree
Range Manager/ Range Conservationalist - Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution) - Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist(5) - Possession of
Social Worker - Baccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist) - Baccalaureate or Licenciatura Degree
Technical Publications Writer - Baccalaureate or Licenciatura Degree; or Post- Secondary Diploma or Post-Secondary Certificate, and three years experience
Urban Planner (including Geographer) - Baccalaureate or Licenciatura Degree
Vocational Counsellor - Baccalaureate or Licenciatura Degree
Medical/Allied Professional
Scientist
Teacher
A business person seeking temporary entry under this Appendix may also perform training functions relating to the profession, including conducting seminars.
"State/provincial license" and "state/provincial/federal license" mean any document issued by a state, provincial or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.
"Post-Secondary Diploma" means a credential issued, on completion of two or more years of post-secondary education, by an accredited academic institution in Canada or the United States.
"Post-Secondary Certificate" means a certificate issued, on completion of two or more years of post-secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.
A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.