US IMMIGRATION NAFTA

by Andy J. Semotiuk
U.S. and Canadian Immigration Lawyer

As a Canadian professional, how does NAFTA allow me to work in the United States?

Requirements for Canadian Citizens
Professionals of Canada may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada,
• Profession is on the NAFTA list,
• Position in the U.S. requires a NAFTA professional,
• Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required); self employment is not permitted, and
• Canadian citizen has the qualifications of the profession.

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:

• Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;
• Employment Letter - evidence of professional employment, see Employment Letter below;
• Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
• Proof of ability to meet applicable license requirements;
• Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the U.S. from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;
• Fee of U.S. $50

How Long Can I Stay?
The maximum period of admission into the U.S. is three years. The U.S. Citizenship and Immigration Services (USCIS) grants extensions of stay in time amounts of up to three years. There is no limit on the number of years a TN visa holder can stay in the United States. However, the TN visa status is not for permanent residence.

Extension of Stay
Canadian citizens admitted as a NAFTA Professional may seek an extension of stay, which may be granted up to one year:

• If the applicant is in the U.S., employer may file Petition for Non-immigrant Worker with the US Citizenship and Immigration Services’ (USCIS) Nebraska Service Center.; or
• Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.

If you require the assistance with an immigration matter please feel free to contact Andy Semotiuk at Andy@myworkvisa.com or by contacting him at the address found on this web site.