TN Visas / NAFTA

The food and drug industry in the United States is highly-competitive, housing talent from within the country and abroad. Businesses in these industries should be aware of the different visa options available for hiring foreign talent in order to stay on top in an otherwise highly competitive market. Thus, here’s an overview of potential visa options and immigration strategies for those in the food and drug industries.
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According to the United States-Mexico-Canada Agreement (USMCA), Canadian and Mexican Citizens can gain the opportunity to work in the United States in a wide range of positions that come under the USMCA TN classification. While the TN classification certainly comes with some limitations, there are many cases in which it can provide US employers with a very efficient process for bringing “professional” labor from Canada and Mexico.
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On June 22nd, President Trump issued Proclamation suspending entry of aliens who present a risk to the U.S. Labor Market following the coronavirus outbreak. The Proclamation bans entry of certain nonimmigrant workers including H-1B, H-2B, J-1 and L-1 until the end of the year.
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Under the NAFTA treaty, Canadians (as well as Mexicans) who practice certain professional occupations and who have a job offer from a U.S. employer may apply for TN status
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Canadian and Mexican professionals who are looking to move temporarily to the U.S. for work have several promising visa options. Individuals in this situation may be eligible for either a TN visa or an Read more . . .

The North American Free Trade Agreement (NAFTA) created the TN Work Classification to facilitate the temporary employment approval of Canadian and Mexican citizens looking to work in the United States. This was intended to further strengthen both business and trade relations between the three countries. Upon approval of a TN, a Canadian or Mexican citizen can be admitted to the U.S. in increments of stay up to 3 years.
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U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
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Coming to the United States can be notoriously difficult, and the current political climate does not appear to be making it easier anytime soon.  For individuals who are interested in coming to the US for business purposes there are still many options available, and knowing the differences between them is critically important to successfully applying for an employment visa. An employment-based immigration attorney can help.

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The Department of State (DOS) recently amended its regulation pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for Citizens of Mexico applying for nonimmigrant TN classification as NAFTA professionals. The rule reflects changes to the documentary and procedural requirements under the Immigration and Nationality Act, in implementation of NAFTA.
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