what will happen to tn visa if us pulls out of nafta

April 01, 2022

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Norris McLaughlin P.A.

TN Visa Under the U.s.-Mexico-Canada Understanding (USMCA) Preserves the North American Costless Trade Agreement (NAFTA) Provisions

The Northward American Complimentary Trade Understanding (NAFTA) established the TN visa to facilitate temporary employment in the U.S. for certain Canadian and Mexican citizens. NAFTA was signed in 1992, by the Presidents of the three countries, the U.S., Canada, and Mexico. Followed by former president Bill Clinton signing it into police on Dec viii, 1993, NAFTA took effect from Jan i, 1994.

When one-time president Donald Trump took ability, after much negotiation, the 24-year-old trade agreement between the iii countries, underwent drastic changes. The new agreement that was renamed equally United States-Mexico-Canada Understanding (USMCA) took consequence July 1, 2020. Despite the number of changes that the merchandise understanding went through, it retained the NAFTA provisions for work visas without whatsoever changes. The retentivity of the visa program was a significant relief to workers in more than lx professions and employers across the continent.

NAFTA/USMCA

The master purpose of NAFTA and at present the USMCA is to facilitate cross-border movement of appurtenances and services, to promote fair competition, increase investment opportunities, and provide protection and the enforcement of intellectual property rights.

NAFTA created special economic and trade relationships for the three countries. This immune the citizens of Canada and United mexican states, to enter the U.S. under the TN visa, to piece of work in the U.S in prearranged business activities for U.Due south. or foreign employers.

The TN Visa

The TN visa tin exist availed only by Canadian and Mexican nationals. The Agreement lists out effectually 60 professions, that tin avail of this visa. The position must be of the nature that it requires a TN professional. The TN bidder must work in a prearranged full-time or office-time chore for an employer. TN visas are not issued for a self-employed professional person. The Applicant must prove that they possess the qualifications, meeting the specific requirements of pedagogy, and/or experience, of the profession.

Applying for the TN Visa is a circuitous process with multiple steps to be completed at the U.S. Embassy, U.Southward. Citizenship and Immigration Services (USCIS), or consulate. For a Canadian visa applicant – an awarding can exist filed at the port-of-entry. Alternatively, an employer can file Form I-129, Petition for Nonimmigrant Worker to USCIS. An employer can also expedite this process past way of premium processing. In example of premium processing, USCIS will respond to the awarding inside xv business days, the TN application is filed through premium processing.

In one case the application is approved, the prospective worker may utilize for entry into the U.S. at the port-of-entry, by showing Form I-129's blessing notice and proof of Canadian citizenship. Unlike Canadian nationals, Mexican nationals cannot request the TN visa directly at the port of entry. They must take an approved TN visa through the U.Southward. diplomatic mission or consulate in Mexico. Simply in one case the visa is approved, may the Mexican nationals seek entry into the U.Southward. as TN visa holders.

The TN visa is canonical for an initial flow of up to three years. On the death of the term of the visa, an employer tin can file for an extension of stay on behalf of the TN visa holder, while being inside the U.S. Alternatively, the visa holder can also depart from the U.Due south. before the expiration of the menstruum of stay and may apply to enter at a U.S. Customs and Border Protection-designated U.South. port of entry.

Spouses and children below the age of 21 years may exist eligible to enter the U.S. as dependents of the TN visa holder. This visa is classified every bit a TD nonimmigrant status. However, spouses and children of TN visa holders are not permitted to piece of work while they live in the U.South., but they are permitted to study. The flow of stay granted will not be longer than the flow of stay for the TN visa holder.

©2022 Norris McLaughlin P.A., All Rights Reserved National Police Review, Book Eleven, Number 112

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Raymond Lahoud Immigration Attorney Norris McLaughlin

Raymond G. Lahoud, Chair of the firm's Immigration Law Practice, focuses exclusively on the area of immigration law and deportation defense for individuals, families, pocket-size to large domestic and multinational businesses and corporations, employers, international employees, investors, students, professors, researchers, skilled professionals, athletes, and entertainers, in every type of immigration or deportation defense thing—whether domestic or strange.  While Ray's clearing practice is global in reach, with service to individuals and organizations beyond the United States and across,...

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Source: https://www.natlawreview.com/article/tn-visa-under-united-states-mexico-canada-agreement-usmca-preserves-north-american

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