Questions? +1 (202) 335-3939 Login
Trusted News Since 1995
A service for global professionals · Friday, March 29, 2024 · 699,693,623 Articles · 3+ Million Readers

Attorney Magdalena Cuprys published review of TN Visas (NAFTA) for Canadian Citizens seeking employment in the US

Attorney profile of Magdalena Cuprys at www.solomonlawguild.com

Attorney profile of Magdalena Cuprys at www.solomonlawguild.com

Magdalena Cuprys, Immigration Lawyer in Florida

Magdalena Cuprys, Immigration Lawyer in Florida

Website Magdalena Cuprys, Immigration Attorney in Florida

Website Magdalena Cuprys, Immigration Attorney in Florida

Blog of Immigration Attorney Magdalena Cuprys

Blog of Immigration Attorney Magdalena Cuprys

Magdalena Cuprys, Immigration Lawyer in Florida

Magdalena Cuprys, Immigration Lawyer in Florida

Continuing her series of instructional articles, Florida immigration lawyer Magdalena Cuprys published a review of current TN/NAFTA visas for Canadians.

Cuprys & Associates (N/A:N/A)

because of the U.S. government administration's current policies and discussions with Canada, immigration practitioners should keep on eye on TN visas, visa changes should come as no surprise”
— Magdalena Cuprys, Immigration Lawyer
MIAMI, FLORIDA, UNITED STATES, January 16, 2019 /EINPresswire.com/ -- In her newest article in her Instruction Series on various US Business and Employment-Based Visas, Immigration Attorney Magdalena Cuprys examines the TN Visa available to Canadian Citizens seeking employment in the United States under NAFTA. The complete review will appear on the Blog of Ms. Cuprys at https://magdalenacuprysblog.blogspot.com/

NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. This article shall discuss only the TN Visa requirements and procedure as relates to Canadian Citizens, a separate article regarding Mexican Nationals under NAFTA shall be published under separate cover.

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada, as NAFTA professionals, to work in the United States. Lawful Permanent Residents, including Canadian Permanent Residents, are not eligible to apply to work as a NAFTA professional in the USA.

Professionals of Canada may work in the U.S. under the following conditions:
• The Applicant must be a citizen of Canada;
• The Employment Position is within a specific Profession and is explicitly designated on the NAFTA Occupation list;
• The Employment Position in the U.S. requires a NAFTA professional;
• The Canadian Applicant shall be employed in a prearranged full-time or part-time job, for a documented U.S. employer (see documentation required).
• Self employment is not permitted under NAFTA;
• The Professional Canadian Citizen possesses 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 Citizen residing in another (3rd) country with a non-Canadian spouse and children would require a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional in the US, as a TD visa holder.

Procedurally, a Canadian citizen without a TN visa can apply at a US P.O.E. (Port of Entry) provided they have the following (non-exhaustive list) of sample evidence for Inspection:

• Request for Admission under TN status to Department of Homeland Security, Customs and Border Protection;
• Employment Letter - Evidence of Professional Employment. See Employment Letter below;
• Proof of Professional Qualifications: - such as transcripts of courses attended, grades achieved, professional 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 United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;
• Applicable Filing Fees.

The employer in the U.S. must provide to the TN Visa Applicant a formal Letter of Employment in the United States. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Occupation List, available at Chapter 16, Annex 1603, Appendix 1603.d.1.
The applicant must present evidence of professional employment to satisfy the Consular/Immigration Officer of one’s plans to be employed in prearranged business activities for a U.S. employer(s) at a professional level. Part-time employment is permitted under NAFTA. Self-employment is strictly prohibited. An employment letter or contract providing a detailed description of the business activities may be provided from the U.S. or foreign employer, and should state the following:

• Activity in which the applicant shall be engaged;
• Purpose of entry;
• Anticipated length of stay;
• Educational qualifications or appropriate credentials demonstrating professional status;
• Evidence of compliance with DHS regulations, and/or state laws; and
• Arrangements for pay.
• Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.

Additionally, applicants must demonstrate that they are properly classifiable as NAFTA Professional for TN visa issuance under U.S. law by:

• Education Requirement- The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States or Canada must be accompanied by an evaluation by a reliable Credential Evaluation service specializing in evaluating foreign documentation.
• Work Experience Requirement - Documentation which proves the applicant's prior experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving such self-employment.
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Canada. Spouses and children cannot work while in the U.S. They are, however, permitted to study. Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:
• Proof of Canadian citizenship;
• Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
• Photocopies of entry documents of the principal applicant.

If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. Embassy or Consulate. Spouses or children following to join must show a valid I-94 Arrival/Departure Record, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status. The maximum period of admission into the U.S is generally for a period of one year. The US Citizenship and Immigration Services (USCIS) grants extensions of stay in increments of one year at a time. 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 only temporary in nature and does not afford the Applicant any Permanent Residence Status. Applicants should be aware that a visa does not guarantee entry into the United States.

The visa allows a foreign citizen to travel to a port-of-entry in the United States, such as an international airport, a seaport or a land border crossing, and at such point may then request permission to enter the U.S. The Department of Homeland Security, Customs and Border Protection has the authority to permit or deny any applicant admission to the United States, and determine your length of stay in the U.S., on any particular visit. Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated by the Immigration Official.

Ms. Cuprys cautions, however, that because of the U.S. government administration's current policies and discussions with Canada, immigration practitioners should keep on eye on TN visa developments, visa changes should come as no surprise at this point.

About Magdalena Ewa Cuprys

Magdalena Cuprys is the principal attorney of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals.

Website: https://magdalenacupryslaw.com/
Website: http://www.servingimmigrants.com
Website: http://tuabogadadice.com/
Facebook: https://p.facebook.com/servingimmigrants/
Blog: https://magdalenacuprysblog.blogspot.com/
Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq
News: https://hype.news/magdalena-ewa-cuprys-immigration-attorney/
News: https://attorneygazette.com/magdalena-cuprys#31c1d194-2905-42ae-9d57-5e02bfc3ca17

Tiffany Ramirez
Cuprys and Associates, Serving Immigrants
+1 305-924-1133
email us here
Visit us on social media:
Facebook
LinkedIn

CNN News: US and Canada reach deal on NAFTA, Canada agreed late to sign on to a trade deal between the United States and Mexico

Powered by EIN Presswire


EIN Presswire does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users of EIN Presswire. We are a distributor, not a publisher, of 3rd party content. Such content may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors.

Submit your press release