USMCA
The United States Mexico Canada Agreement
The United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA, streamlines the temporary entry of qualified professionals among the U.S., Mexico, and Canada. Under the TN (Trade National) visa category, eligible Canadian and Mexican citizens can work in the U.S. without the need for a Labor Condition Application, promoting cross-border trade in services.
The United States Mexico Canada Agreement
Understanding USMCA and Its Impact on Professional Mobility
The USMCA, effective since July 1, 2020, includes provisions that facilitate the temporary entry of business persons, enhancing economic integration and opportunities across North America. The agreement retains key elements from NAFTA, particularly concerning the mobility of professionals, ensuring continuity and stability for businesses and workers.
Key Categories of Business Persons Under USMCA:
Business Visitors:
- Individuals engaging in international business activities without directly entering the local labor market.
- Activities may include meetings, conferences, research, or training.
- No work permit is required for business visitors under USMCA.
Professionals (TN Visa Holders):
- Citizens of Canada and Mexico employed in specific professional occupations listed in the USMCA.
- Requires a prearranged job with a U.S. employer and necessary qualifications.
- Eligible professions include accountants, engineers, scientists, and teachers.
- A TN visa is required for Mexican citizens, while Canadian citizens can apply for TN status at the port of entry without obtaining a visa beforehand.
Intra-Company Transferees:
- Employees of multinational companies transferred to a branch, subsidiary, or affiliate in another USMCA country.
- Eligible roles include executives, managers, or specialists.
- Requires prior employment with the company and a work permit.
Traders and Investors:
- Individuals involved in substantial trade in goods or services, or significant investment activities between USMCA countries.
- Must meet specific criteria regarding the volume of trade or investment.
- Requires a work permit under the relevant category.
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Eligibility Criteria for TN Professionals:
To qualify for TN status under USMCA, applicants must:
Citizenship:
- Be a citizen of Canada or Mexico.
Profession:
- Engage in a profession listed in the USMCA, such as engineers, accountants, or scientists.
Qualifications:
- Possess the necessary educational credentials and professional qualifications for the intended profession.
Employment Offer:
- Have a prearranged full-time or part-time job with a U.S. employer. Self-employment is not permitted.
Temporary Entry:
- Intend to stay temporarily in the U.S. for professional work.
Application Process for TN Professionals:
Obtain a Job Offer:
- Secure a job offer from a U.S. employer in an eligible profession.
Prepare Documentation:
- Gather proof of citizenship, educational credentials, professional qualifications, and a detailed employment letter outlining the role and responsibilities.
Apply for TN Status:
- Canadian Citizens:
- May apply for TN status directly at a U.S. port of entry or through U.S. Citizenship and Immigration Services (USCIS).
- Mexican Citizens:
- Must apply for a TN visa at a U.S. embassy or consulate before seeking entry.
- Canadian Citizens:
Admission and Duration:
- Upon approval, TN status is granted for up to three years, with the possibility of renewal.
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