There are many work permit options for a foreign national(s) interested in working in the
United States. Skilled workers can enter under an H visa, skilled Canadian or Mexican workers may be able to enter under NAFTA, and entrepreneurs/investors are able to enter under the E category, to name a few. Deciphering the alphabet soup of U.S. work permits can be tricky, and special care should always be taken that the employer’s needs are matched, not only to the right candidate, but also to the right workpermit category. Over the course of our next few issues, we will discuss many of these work permit categories, beginning this issue with visas under the North American Free Trade Agreement.
A Canadian worker will usually apply under one of the occupations enumerated in the NAFTA Appendix 1603.D.1. Generally speaking, these categories are limited to those occupations of a skilled nature. In most instances, there is a requirement that the applicant possess either a bachelor’s degree that is relevant to the field in which they are seeking to work or a post-secondary diploma from a two-year accredited program.
Applicants must possess a job offer from an American employer that clearly states the position being offered and enumerates the duties the foreign national will perform. A foreign worker may work in an approved occupation for more than one employer, provided that they hold a permit for each employer. Under NAFTA, the applicant may not use experience as an equivalent to education, unless they are applying as a Management Consultant. The applicant is not allowed to be self-employed, or to work for a corporation where they are the sole shareholder of that corporation. Evidentiary requirements are key to this application, as the application is generally determined on the spot. Lack of evidentiary proof can be the difference between a positive decision and a negative decision. NAFTA work permits are granted for a period of up to one year, and there is currently no fixed limit on the number of renewals. Spouses and unmarried minor children are allowed to accompany or to join the principal applicant, and are given visas to allow them to live with the primary applicant. When done properly, a TN visa offers both the employer and employee quick, effectiveaccess to a wider job market across U.S.-Canadian-Mexican borders.

Jennifer R. Nees B.A., M.HR., J.D.
jnees@migrationlaw.com