Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

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

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

  1. theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and
  2. the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research

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

Dentist - D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
Dietitian - Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico)(6) - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist - Baccalaureate or Licenciatura Degree
Occupational Therapist - Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacist - Baccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only) - M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist - Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist - State/provincial license; or Licenciatura Degree
Recreational Therapist - Baccalaureate or Licenciatura Degree
Registered Nurse - State/provincial license; or Licenciatura Degree
Veterinarian - D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license

Scientist

Agriculturist (including Agronomist) - Baccalaureate or Licenciatura Degree
Animal Breeder - Baccalaureate or Licenciatura Degree
Animal Scientist - Baccalaureate or Licenciatura Degree
Apiculturist - Baccalaureate or Licenciatura Degree
Astronomer - Baccalaureate or Licenciatura Degree
Biochemist - Baccalaureate or Licenciatura Degree
Biologist - Baccalaureate or Licenciatura Degree
Chemist - Baccalaureate or Licenciatura Degree
Dairy Scientist - Baccalaureate or Licenciatura Degree
Entomologist - Baccalaureate or Licenciatura Degree
Epidemiologist - Baccalaureate or Licenciatura Degree
Geneticist - Baccalaureate or Licenciatura Degree
Geologist - Baccalaureate or Licenciatura Degree
Geochemist - Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States) - Baccalaureate or Licenciatura Degree
Horticulturist - Baccalaureate or Licenciatura Degree
Meteorologist - Baccalaureate or Licenciatura Degree
Pharmacologist - Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada) - Baccalaureate or Licenciatura Degree
Plant Breeder - Baccalaureate or Licenciatura Degree
Poultry Scientist - Baccalaureate or Licenciatura Degree
Soil Scientist - Baccalaureate or Licenciatura Degree
Zoologist - Baccalaureate or Licenciatura Degree

Teacher

College - Baccalaureate or Licenciatura Degree
Seminary - Baccalaureate or Licenciatura Degree
University - Baccalaureate or Licenciatura Degree
Footnotes
  1. A business person seeking temporary entry under this Appendix may also perform training functions relating to the profession, including conducting seminars.

  2. "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.

  3. "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.

  4. "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.

  5. 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.

  6. A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment or prevention of disease.  
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