What Is True about the Visas That Are Provided by the North American Free Trade Agreement (Nafta)

A Canadian citizen without a TN visa can apply for TN non-immigrant status at a U.S. port of entry. To learn more about these requirements, visit the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. You can also find more information on obtaining TN status without applying for a visa on the website of the U.S. Embassy in Ottawa. Chapter 16 facilitates the temporary entry of U.S., Mexican and Canadian citizens whose activities are related to trade in goods, services or investments. NAFTA is a reciprocal agreement, and Canadians receive similar treatment when applying to enter the United States or Mexico. Chapter 16 does not replace our existing general provisions, but complements them. A U.S. or Mexican businessman who wishes to enter Canada is entitled to consideration under the provisions of NAFTA as well as the general provisions that apply to all foreign workers.

Thus, a person who wishes to be hired temporarily as a university professor can perform the range of tasks normally associated with this position. The business must be a real and active commercial or entrepreneurial enterprise that produces a for-profit service or commodity. It cannot be a paper organization or an inactive speculative investment that is seen as a potential increase in value. For example, passive investments in real estate or developed or undeveloped shares are not eligible. (Evidence that an applicant intends and is able to invest additional funds in a company in the future may show that the company is or will be a viable business company. A future investment, expansion and/or development plan is important to meet this criterion.) The provision only applies to NAFTA entrepreneurs who require a work permit: freelancers, intra-group postings, traders and investors. An individual who wishes to submit an application to an POE should be advised to submit the application to a visa office. Upon receipt of an application for renewal, the file of the issuing office should be asked to compare the original information and documents with those submitted in support of the application for renewal. It is clear that the total amount needed to start a consulting service will be much lower than for the opening of a car factory or even a restaurant. In the case of a consulting firm, it can be determined that a total investment of $50,000 is required to become fully functional.

To qualify as an investor, an applicant would have to invest a high percentage of the $50,000. For a total investment of $1 million, the investor must reasonably invest between $500,000 and $600,000; While for a $10 million production facility, $2 million to $3 million could be enough, depending on the size of the amount invested. (These examples are not intended to determine fixed dollar numbers, but are only used to demonstrate the application of the proportionality test using the example.) During your visa interview, a consular officer will determine if you are qualified to obtain a visa. You must prove that you meet the requirements of U.S. law to obtain the visa category you are applying for. It is not the job of immigration to determine whether the applicant has the necessary permit or registration to practise a profession in Canada. The employer in Canada and the professional are responsible for ensuring that these requirements are met before starting work. The North American Free Trade Agreement (NAFTA) created free trade relations between the United States, Mexico and Canada. As a result, a special U.S.

work visa was created for Canadian and Mexican nationals. We explain what requirements must be met and whether the adoption of the Agreement between the United States, Mexico and Canada (USMCA) will affect the NAFTA TN business visa. Under NAFTA, citizens of Canada and Mexico can temporarily enter the United States to engage in “commercial activities” without obtaining a specific employment permit, provided they comply with applicable U.S. immigration laws. Annex 1603 (A) (1) of NAFTA. (2) A Party may refuse to issue an immigrant document to an entrepreneur who employs a businessman if the temporary entry of that person could have a negative impact: In addition to the general B-1 visa activities permitted under U.S. immigration law, NAFTA expands the permitted business activities that Canadian and Mexican citizens may engage in under B-1 visa status. Annex 1603.A.1 of NAFTA contains a list of business activities that are representative of a full economic cycle and that citizens of Canada or Mexico can engage in under B-1 visa status. Before refusing entry due to a lack of documentation, every effort should be made to allow for the provision of documents (para. B by fax) by the person`s business in Canada or employer in the United States or Mexico.