NAFTA Professional Work Permit
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico. The goals of NAFTA were to eliminate barriers to trade and investment between the three countries and to promote conditions of fair competition. NAFTA professional work permits are available to certain professionals who wish to work in the United States, Canada, or Mexico under the terms of NAFTA.
If you have any queries or require help with the NAFTA professional work permit, our team of immigration attorneys can help. For immediate assistance and assistance with your situation, contact us at +1 844 290 6312. We can assist you in person, over the phone, or online.
What is NAFTA?
The North American Free Trade Agreement is a free trade agreement between the United States, Canada, and Mexico. The agreement was created to eliminate barriers to trade and investment between the three countries. NAFTA also promotes conditions of fair competition in the marketplace.
Under NAFTA, certain professionals who wish to work in the United States, Canada, or Mexico can apply for a NAFTA work permit. The three countries have different requirements for work that can be performed under a NAFTA work permit.
The nonimmigrant NAFTA Professional (TN) visa is for professionals from Mexico and Canada. They wish to work in the United States under specified projects for either U.S. or foreign employers.
In 2020, NAFTA was replaced with the United States Mexico Canada Agreement (USMCA). CUSMA is a term used to describe USMCA. Although there were a few modifications, the requirements and procedures for obtaining a work permit in Canada remained unaltered.
Page Contents
- What is NAFTA?
- What is NAFTA?.. continued
- Who can Apply for the NAFTA Work Permit?
- What is a TN Visa?
- Who is eligible for the US TN Visa application?
- General Professions and Minimum Education Requirements or alternative credentials
- What are the requirements for a Mexican citizen to apply for a TN visa?
- What are the requirements for a Canadian citizen to apply for a TN visa?
- How much does a TN visa cost?
- What is the processing time of the TN Visa?
- Can I bring my dependents under the TN Visa?
- How can IAS Help?
- Frequently Asked Questions
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What is NAFTA?.. continued
NAFTA does:
- NAFTA enables temporary entry for businesspeople who are United States, Canada, and Mexico citizens engaged in the commercial exchange of goods or services or financial investments.
- No need for a work permit for a business visitor under the agreement.
- No LMIA is required for the businesspersons under NAFTA.
- NAFTA is especially useful for professionals and intra-company transferees, as it expedites the application process.
NAFTA does not:
- NAFTA does not replace the general laws and provisions for foreign workers.
- NAFTA is not for a permanent visa.
- NAFTA will not affect any global requirements related to passports, medical examinations, identity documentation or safety, and security.
- It does not grant individuals special rights to their spouses or extended family members. Their access is controlled by the Immigration and Refugee Protection Act and Regulations.
- This does not exempt workers from meeting the licensing or certification requirements to practice their profession.
Coverage of NAFTA Professional Work Permits
NAFTA does not cover permanent residents of the United States, Mexico, or Canada. The Immigration Regulations allow them to obtain a work permit based on general provisions.
Professionals under NAFTA are governed by Article 1603 of the agreement. This annex sets out the rules and procedures for the temporary entry of businesspeople from the United States, Mexico, and Canada.
Regulatory authority
The only way to obtain a temporary entry with NAFTA is by following the main entry rules for foreign workers. The business visitor category complies with R186(a), except for after-leasing servicing. With the general rule, after-lease servicing is allowed only if a sale has occurred; however, under NAFTA, after-lease servicing is possible regardless of whether or not a sale has transpired.
Work permits are available to individuals in the other three categories under R204(a), which exempts them from the LMIA procedure if they are granted entry based on a multinational agreement between the US and at least one other country. Each category has been given its administrative code to make things simpler.
Who can Apply for the NAFTA Work Permit?
Canadian and Mexican citizens can apply for the US NAFTA work permit if they meet certain requirements.
Business Visitors
You may be eligible to enter the US as a business visitor if you are coming to the US to participate in business activities without directly entering the country’s labour market.
Designers, researchers, marketers, salespeople, distributors, and general service providers from Canada can do business in NAFTA member countries without a work permit.
Requirements for a Business Visitor
Following are the requirements you must meet to enter Canada as a business visitor:
- You must be a Canadian or Mexican citizen.
- You must demonstrate that your application is temporary and that they are not attempting to work in the US labour market and provide adequate documentation to prove it.
- Your primary business location must be outside the US.
- Your major business revenue should come from outside the US.
- The business scope must be international.
- You must meet existing immigration and admissibility requirements.
Business categories covered under NAFTA Business Visitors
Not all the business categories are covered under NAFTA business visitors. The following are the business categories that come under NAFTA business visitors:
Marketing
Market researchers and analysts conduct research or analysis independently or for enterprises in Canada or Mexico. They come to the US to present their research or analysis findings and do not engage in any other gainful employment while in the US.
Sales
Doing business with entities in Canada or Mexico includes handling orders and arranging contracts through agents and sales representatives. These activities do not result in the direct supply of goods or services to the US.
Distribution
Transportation businesses that carry goods and persons between Canada or Mexico or load things or passengers from Canada to the United States or Mexico without any unloading activity in the US are included.
North American truckers can seat passengers from various points and drop them off in Canada or Mexico, pick up travellers in the U.S. or Mexico and drop them at varying locations throughout Canada. This also counts loading/unloading goods and services.
Research and design
Research that is either independent or conducted for a business in Cannada or Mexico is focused on technical fields, science, or statistics. The findings of research or analysis are generally presented in a report and don’t usually lead to providing goods or services directly to the US.
Growth, manufacture, and production
Purchasing and production management staff handle commercial transactions for a company in Canada or Mexico. This can include the supervision of commercial transactions for a company in Canada or Mexico but does not involve providing goods or services directly to the US.
General service
These are the professionals conducting a business activity at a professional level in an approved profession, for example, management and supervisory personnel executing a commercial transaction for a US or Mexican corporation.
After-sales services
Equipment or machinery, including computer software, purchased outside of the US by installers, repair, and maintenance personnel from Canada or Mexico is covered. These people must be employed by the seller of the equipment or machinery and enter the US to install, service, or repair this equipment.
After providing the required proof, business visitors must apply for a work permit at any Port of Entry. To conduct business in the US, they do not need work permits or an LMIA (Labour Market Impact Assessment). They are given an open field to persuade the border officer and may demand further evidence from his firm of origin on the spot if necessary.
Intra-company Transferees
Under the North American Free Trade Agreement, businesses can move personnel between offices in Canada, the United States, and Mexico without obtaining a work permit. However, some requirements must be met for the transferred employee to be granted a NAFTA Intra-company Transferees Work Permit.
Requirements for Intra-company Transferees
The following are the requirements that a transferred employee must meet to be granted a NAFTA Intra-company Transferees Work Permit:
- The employee must be a Canadian or Mexican citizen.
- The employee must work for a Canadian or Mexican firm with a branch, parent company, subsidiary, or affiliate relationship to the American business.
- The employee must move to a post of executive or managerial capacity or a post involving specialized knowledge from an equivalent position in Canada or Mexico.
- If the work in the US requires specialized knowledge, the employee must demonstrate that they have such expertise and that the post in the US requires it.
- The business and the company the employee is transferring must have a significant business relationship.
- The employee must have had at least one year of full-time, continuous employment in a similar position to the one they are applying for outside of the US within the past three years.
An applicant may apply for a work visa from the Port of Entry (POE), a Visa Office Abroad, or from within the country if already in the country using the supporting material listed above. A person working in a managerial or executive capacity can obtain a maximum of seven years’ employment, while one employed in a specialist knowledge job may only get five years.
Intra-company transferees are the most common work permit recipients, generally valid for three years. Intradepartmental transferees who satisfy the requirements will initially be given a one-year permit that can be extended to two additional years if they establish a new office or take on new employment in an existing office.
Investors
NAFTA Investors are individuals who have made a substantial investment in the US and meet the criteria of NAFTA.
Requirements for NAFTA Investors
The following are the requirements that an investor must meet to be granted a NAFTA Investor Work Permit:
- The applicant must be a Canadian or Mexican citizen.
- Most of the company’s shares must be held by Canadian or Mexican employers and either maintain investor status in the US or reside in Canada or Mexico.
- The applicant must seek a managerial or executive job or have the skills necessary for a US firm.
While no specific amount classifies an investment as substantial, experts use a proportionality test to assess whether an investment is large enough. This examination compares the size of the investment against at least one of these elements:
- Relevant evidence to determine the value of the business (purchase price or tax valuation) against the applicant’s investment.
- The amount required to establish a viable business of the sort is determined by consulting reliable data on the business sector to see whether the requested investment is appropriate for the industry.
- The business must be operative and real to produce products or services for profit.
Traders
NAFTA Traders are individuals involved in substantial trade between the United States, Mexico, and Canada. No Labor Market Impact Assessment (LMIA) is required. At least half of the company’s international trade must be between the US and Canada or Mexico.
Requirements for NAFTA Traders
The following are the requirements that an applicant must meet to be granted a NAFTA Trader Work Permit:
- The candidate must be a Canadian or Mexican citizen.
- The applicant must intend to conduct substantial trade in goods and services with the United States and Canada or Mexico.
- Applicants must be seeking employment in a role that has managerial or executive capacity or which involves essential skills.
- The applicant must follow the regular immigration laws and regulations of the US.
For the enterprise to qualify, it must meet the following requirements:
- Individuals or corporate entities who own over 50% of the shares of enterprises in the US must be Mexican or Canadian citizens.
- The enterprise’s main activities include buying and selling goods and services.
- Only trading interactions between the US with Canada or Mexico are eligible.
The application process to obtain a work permit as a NAFTA trader is complex, so it should be submitted to the Visa office. Due to the reciprocity offered under NAFTA, citizens of Canada and Mexico with temporary resident status can apply for Trader status from within the United States.
What is a TN Visa?
The TN Visa is a US nonimmigrant visa for eligible NAFTA Professionals, allowing Canadian and Mexican NAFTA professional workers to work in the United States. This program was created as part of the North American Free Trade Agreement (NAFTA), which sets economic and trade rules between the US, Mexico, and Canada.
Upon arriving in the United States, visa holders must obtain prearranged employment with either the US or a foreign employer. In other words, their permission to stay in the country is granted only on the terms that they find work related to their field of expertise. Unfortunately, if you are a self-employed professional, this type of visa does not apply to you.
The general conditions for the TN nonimmigrant status are as follows:
- To be eligible for the program, applicants must be citizens of either Mexico or Canada.
- The applicant must have adequate qualifications in one of the authorized NAFTA occupations.
- The applicant must provide evidence to the effect that the job they wish to accomplish in the US only requires a NAFTA-listed professional.
- The applicant found and was accepted for a position with an American company before coming to the US.
- The candidate can prove they have earned a bachelor’s degree or higher in the desired field. The majority of jobs in NAFTA sectors need a baccalaureate degree.
All citizens of the two countries must meet the basic requirements. However, additional conditions vary based on nationality.
Who is eligible for the US TN Visa application?
To be qualified for the TN nonimmigrant status, you must hold Canadian or Mexican citizenship. Permanent residents of Canada and Mexico cannot get the privilege of a TN Visa. Furthermore, once they move to the United States, Mexican or Canadian professionals should seek employment in NAFTA professional listed categories.
General Professions and Minimum Education Requirements or alternative credentials
List of eligible professions under the NAFTA Professional Work Permit Scheme:
General
| Profession | Minimum education requirements and alternative credentials (in a related field or profession) |
|---|---|
| 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 licence |
| Computer Systems Analyst | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years’ experience |
| Disaster Relief Insurance 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 licence |
| Forester | Baccalaureate or Licenciatura Degree; or state/provincial licence |
| 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 licence |
| 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) A librarian must have either:
|
| 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 and Actuary) | Baccalaureate or Licenciatura Degree |
| Mathematician (including statistician and Actuary) | Baccalaureate or Licenciatura Degree |
| Range Manager/Range Conservationist | Baccalaureate or Licenciatura Degree |
| Research assistant (working in a post-secondary educational institution) | Baccalaureate or Licenciatura Degree |
| Scientific Technician/Technologist | Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) 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 |
| Silviculturist (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
| Profession | Minimum education requirements and alternative credentials (in a related field or profession) |
|---|---|
| Dentist | D.D.S., D.M.D., Doctor enOdontologia or Doctor enCirugia Dental; or state/provincial license |
| Dietitian | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Medical Laboratory Technologist/Medical Technologist (Mexico and the US) | 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 enMedicina; 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 enVeterinaria; or state/provincial license |
Scientist
| Profession | Minimum education requirements and alternative credentials (in a related field or profession) |
|---|---|
| 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 (including Plant Pathologist) | 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 US) | 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
| Profession | Minimum education requirements and alternative credentials (in a related field or profession) |
|---|---|
| College | Baccalaureate or Licenciatura Degree |
| Seminary | Baccalaureate or Licenciatura Degree |
| University | Baccalaureate or Licenciatura Degree |
What are the requirements for a Mexican citizen to apply for a TN visa?
To work in the United States, Mexican citizens need a TN nonimmigrant status. They must apply following the formal procedure for the TN Visa at a Consulate in Mexico or US Embassy, unlike Canadian residents who may simply apply online. The application process is similar to other US visas and requires the submission of various documents, including a petition from a US employer.
- The first step to getting your visa is filling out an online application called Form DS-160. Keep the confirmation page after you’re done so you can present it during your interview.
- Prepare for the interview by scheduling a visa interview. An appointment must be made with a Consulate in Mexico or US Embassy. It is likely to have the interview done elsewhere, but the application procedure may be more challenging.
- The application fee is $160.
- Make sure to bring the following items to your interview: a valid passport, proof of payment for the application fee, the confirmation page of the Form DS-160, and a letter from your US employer.
- Attend your visa interview.
After Mexican citizens receive TN nonimmigrant classification, they can apply for entry at US ports nominated by US Customs and Border Protection.
What are the requirements for a Canadian citizen to apply for a TN visa?
In most cases, a Canadian citizen does not need a TN Visa to enter the United States to work in an approved profession. A Canadian citizen can acquire a TN visa without applying at a US Consulate or Embassy. If you want to bring your dependant with you when you move to the United States, you’ll need a TN Visa.
The following is a list of documents Canadian citizens need to present in order to apply for the TN Visa from US Customs and Border Protection:
- Proof of Canadian citizenship
- A letter from the US employer describes the position, how your skills fulfill its requirements, and the duration of your stay there.
- Credentials evaluation (if necessary).
US employers can also apply for their employees’ TN visas by filing Form I-129, Petition for Nonimmigrant Worker, with the USCIS.
How much does a TN visa cost?
The application fee for the TN Visa is $160. The visa itself is free of charge. However, additional fees are associated with the visa process, such as the cost of getting a credentials evaluation (if necessary) and traveling to the US Embassy or Consulate for the visa interview.
If you submit your I-129, Petition for a Nonimmigrant Worker application by mail, you must pay the $555 I-129 filing fee. You can save money by applying for your status when you first enter the United States. There is an application fee of $50 and a $6 additional charge for the I-94 arrival card.
What is the processing time of the TN Visa?
The timeframe in which you will hear back about your TN Visa status varies based on where you apply. Those who apply upon entering the US usually only wait some hours.
However, applying by mail depends on how busy the USCIS service centre is at that time. Generally speaking, getting an answer could take a couple of months. If your need for the visa is urgent, premium processing is available for an additional fee, saving the waiting period down to 15 (fifteen) business days.
If the USCIS can not process your submitted application on time, you will be reimbursed if you pay for the premium service.
Can I bring my dependents under the TN Visa?
Yes, your spouse and children (unmarried and under 21) can accompany you to the United States on a TN Visa as long as they meet certain requirements. You must complete a TD Visa application for Immediate Relatives if you want to begin the process.
The visa is a non-immigrant visa that permits the relative of a TN visa holder to join them in the United States. Because it depends on the TN visa holder, it is valid until your TN visa holder’s visa is valid.
Canadian citizens’ relatives can acquire a TD-1 visa, while Mexican citizens’ relatives may apply for a TD-2 visa. The TD 1 & 2 visas are renewable. There is no limitation to the number of times they may be renewed.
To be eligible for a TD visa, you must be able to demonstrate your relationship with the TN visa holder. You may use your marriage certificate or birth registration to prove it.
Requirement for Spouses or Dependents of TN nonimmigrants application:
| Spouse or Dependents | Need a Visa? | Must Show | Where to apply for admission to the U.S. |
|---|---|---|---|
| Not citizens of Canada or Mexico | Generally. Except for Canadian citizens, everyone needs to apply for a TD visa.
However, check with the U.S. Department of State before you apply. |
Proof of a bona fide spousal or parent-child relationship with the TN nonimmigrant; and Proof the TN nonimmigrant is maintaining his or her TN nonimmigrant status |
At a CBP- designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station |
| Canadian citizens | No visa required | Proof of Canadian citizenship; Proof of relationship to the TN nonimmigrant, such as a marriage certificate or birth certificate; Photocopies of the TN nonimmigrant’s admission documents; and Proof the TN nonimmigrant is maintaining his or her TN nonimmigrant status | At a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station |
| Mexican citizens | Yes, must apply for a TD nonimmigrant visa at an American embassy or consulate | Proof the TN nonimmigrant is maintaining his or her TN nonimmigrant status | At a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station |
How can IAS Help?
The Immigration Advisors at IAS are regulated immigration lawyers and paralegals who can assist with your NAFTA Professional Work Permit application. Our team has a wealth of experience preparing and submitting successful applications for work permits under NAFTA. We will provide you with expert advice on the best way to proceed with your application and represent you throughout the process.
You will be assigned an immigration lawyer corresponding to your specific and professional demands as part of our bespoke solutions. Your attorney will work with you to evaluate your objectives and eligibility, help you throughout the application process, and support you every step.
For a permanent residency or a NAFTA work permit, contact +1 844 290 6312 to speak with one of our US immigration attorneys. They can evaluate your eligibility and recommend the best visa program or immigration route, on phone or online.
Last modified on March 14th, 2023 at 8:36 am
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Frequently Asked Questions
The North American Free Trade Agreement (NAFTA), effective on 1994 January 1st, was a trilateral deal signed by the United States of America, Canada, and Mexico, which created a free-trade zone that lifted most tariffs on products being traded between the three NAFTA countries. The agreement’s name has since been changed to CUSMA (Canada – United States – Mexico Agreement) in 2020; despite this change, all other operations under the program remain unchanged.
The goal of NAFTA/CUSMA is to reduce as many restrictions as feasible on trade between the United States, Mexico, and Canada. As a result, if you are a citizen of any of those nations, you may apply for the NAFTA/CUSMA route. Please remember that under the NAFTA agreement, only temporary entry is permitted and does not entitle the individual to permanent resident status in any country.
A NAFTA professional visa is a non-immigrant visa that allows citizens of Canada and Mexico to work in the United States in certain professions. The visa is also known as the TN visa.
The applicant is a citizen of either Canada or Mexico, and their profession is on the NAFTA list. The NAFTA agreement includes a list of 60+ professions eligible for the NAFTA/CUSMA route. The listed professions are ones in which all three NAFTA countries generally recognize the education and skills required for the occupation.
You must apply for a TN visa at a US embassy or consulate in Canada or Mexico. The application process is similar to applying for any other non-immigrant visa. You must fill out an online application, pay the fee, and schedule an interview. During the interview, you will need to provide evidence that you are qualified for the position you are applying for and that you have a job offer from a US employer.
A NAFTA Work Permit is valid for the period of employment indicated in your offer, up to three years. To help new businesses grow, this visa is issued for up to one year and can be renewed if the applicant continues to meet the eligibility requirements.
Chapter 16 of NAFTA outlines the rules and procedures for applying for a NAFTA Work Permit. It also guides how to extend your work permit and what you need to do if your job offer changes. NAFTA Chapter 16 does not replace but rather complements the existing general provisions. An American or Mexican entrepreneur wishing to enter Canada is entitled to consideration under the NAFTA and general requirements for all foreign workers.
An Open Work Permit is a work permit that is not job-specific. This means that holders of this work permit can work for any employer in Canada, except for an employer listed as ineligible on the Canadian government website. The primary applicant often obtains an open permit to allow their spouse or common-law partner to work while they await the processing of their permanent residency application. Open Work Permits are not available to all foreign nationals; they are only available under specific programs, such as the International Mobility Program.
A NAFTA Professional is a citizen of the United States, Canada, or Mexico who works in a professional occupation. The list of eligible professions can be found on the Canadian government website. There is a wide range of professions that are included.
To qualify as a NAFTA professional, you must have a prearranged full-time or part-time job with an employer of that country (not self-employment) and the qualifications to practice in the profession in question.
The TN visa is not a difficult visa to obtain if you meet the requirements. The most important requirement is that your profession must be on the NAFTA list of eligible professions. You will also need a job offer from a US employer and evidence that you are qualified for the position. The application process is similar to applying for any other non-immigrant visa.
No, the TN visa is a nonimmigrant and cannot be converted to a green card. The TN visa allows Canadian and Mexican citizens to work in the United States for a specific period of time. If you wish to obtain a green card, you will need to apply for a different type of visa.
The TN visa allows Canadian and Mexican citizens to work in the United States for a specific period. The TN visa is renewable, and no maximum number of renewals exist. The TN visa allows the holder’s spouse or common-law partner to work in the United States. Some of the benefits of having a TN visa include living and working in the United States without having to obtain a separate visa, applying for a Social Security number, and applying for a driver’s license.
Yes. You can accept a temporary appointment in a permanent position if the work is related to an international agreement between Canada and another country, such as NAFTA. The work cannot start until the international agreement comes into force.
You can only apply under a trader or investor category if you are self-employed. As a self-employed person, you must have control of a business and seek to establish commercial relations in Canada. You must also make a substantial investment in the business. The investment cannot be less than required for a normal commercial enterprise operating in Canada. A self-employed person who is an American or a Mexican national who works outside of Canada may still apply under the Professional category if the services to be performed in Canada have been previously arranged with a Canadian business.
No, you cannot obtain US Citizenship with a NAFTA Work Permit. The program is designed for temporary workers and is not a US citizenship path. When applying for a work permit under NAFTA, you must show that you meet the eligibility requirements.