USCIS Increases Period Of Stay For NAFTA Professionals From Canada And Mexico
On October 14, 2008, U.S. Citizenship and Immigration Services
(USCIS) announced the publication of its new rule increasing the
maximum period of time a Trade-NAFTA (TN) professional from Canada
or Mexico may remain in the United States before seeking
readmission or obtaining an extension of stay. The rule extends
both the initial period of admission and subsequent extensions of
stay for qualified TN workers, and their spouses and children, from
one to three years.
The rule change, which brings the TN visa category time limits
in line with the admission time framework for other nonimmigrant
worker categories, such as H-1B professional workers, should ease
the administrative burden on employers with covered TN employees
(as well as those workers' families) and enable employers to
maintain a more stable and predictable workforce.
The TN nonimmigrant classification allows qualified Canadian and
Mexican citizens to seek temporary entry into the United States to
engage in business activities at a professional level. The
classification was created pursuant to the 1993 North American Free
Trade Agreement (NAFTA). The TN nonimmigrant classification is
available to eligible Mexicans and Canadians who:
Hold at least a bachelor's degree or other appropriate
professional credentials; and
Work in qualified fields, as defined in NAFTA, including, but
not limited to, accountants, engineers, attorneys, pharmacists,
scientists, computer systems analysts and teachers.
Spouses and children of TN workers may be granted nonimmigrant
status as a NAFTA dependent (TD) and may be admitted to the U.S.,
but may not work.
The USCIS does not impose an annual limit on the number of TN
admissions and an individual may repeatedly enter the U.S. in TN
status. Statistics maintained by the Department of Homeland
Security indicate that, including readmissions, there were more
than 74,000 TN admissions for Fiscal Year 2006, the last year for
which data is available.
TN admissions requirements differ for Canadian and Mexican
citizens. Canadians are not required to apply for a visa with a
U.S. consulate or file a petition with USCIS. Rather, when
requesting admission as a TN worker at a U.S. port-of entry,
Canadian citizens must provide proof of citizenship and a letter
from their prospective employer describing their professional
capacity, purpose, length of stay, and educational qualifications.
The applicant may also need to provide credentials evaluations.
Once approved for...
To continue reading
Request your trial