The North American Free Trade Agreement (NAFTA) is now the United States Mexico Canada Agreement (USMCA)

After lengthy discussions, the agreement to replace NAFTA has finally been agreed upon. The new agreement has been named the USMCA. We have received many question on how the new USMCA will impact the ability of Canadians to receive TN visas. Although the new USMCA has yet to go into full force, it in fact references the original NAFTA agreement and list of NAFTA professions. As it stands, USMCA will adopt the NAFTA professions as they are. This means that both Canadians and Mexicans can continue to work in the USA under their current TN visa status. It also means that there have been no significant changes made to the current NAFTA professions or application process for a TN visa.  This is good news for those working in the USA under NAFTA and for those that wish to continue working in the USA under the USMCA.

Although there have not been any changes to the TN application process under the USMCA, CBP Officers have adopted a strict interpretation of the NAFTA professions. This is contrary to past practices where CBP Officers applied a more liberal interpretation of NAFTA. The strict interpretation has resulted in many refusals and denials of TN visa applications for new applicants, renewals and extensions. If you are a qualified Canadian professional, or an employer seeking to employ a Canadian under the USCMA, we can address any concerns and assist with obtaining a TN visa under USMCA. Call me at 716-970-4007 for assistance with your TN visa.

“Buy American, Hire American”

Some CBP Officers have implemented a “Buy American, Hire American” standard when reviewing TN visa applications. Officers have abused their discretion to use this standard as a reason to deny TN visa applications. This is not a valid standard under NAFTA, nor is it a legal reason for denying a TN visa application. If you have been denied for your TN visa under the “Buy American, Hire American” standard, or any other arbitrary standard, contact us so that we can assist you with your TN visa application. Call me today at 716-970-4007 for assistance with your TN visa.

What is TN Visa Status?

TN visa status is a unique visa classification created under the North American Free Trade Agreement (NAFTA) that grants qualifying professionals from Mexico and Canada authorization to work in the United States on a temporary basis. TN visa status is available to professionals working in 63 occupations including: accountants, engineers, computer professionals, lawyers, doctors, management consultants, and graphic designers. Click here for the complete list of NAFTA Professions 

Our TN Visa Services

We offer the following TN Visa services to NAFTA professionals and their employers:

Why choose Mr. Richards?

  • Selected among the “10 Best Immigration Attorneys” in NY based on client satisfaction for 2016 and 2017
  • Named by SuperLawyers as a Rising Star for 2016 and 2017. Only 2.5% of lawyers received this award.
  • Admitted to practice in the State of New York and authorized to practice U.S. Immigration Law
  • Active member in good standing with American Immigration Lawyers Association (AILA)
  • Foreign Legal Consultant with the Law Society of Upper Canada
  • 7+ years of hands on experience representing Canadian clients
  • Personal knowledge of current border practices
  • Positive professional relationship with CBP officers
  • In depth knowledge of NAFTA TN professions and qualifications
  • Experience Matters! Experience processing hundreds of TN applications every year for applicants of all education and experience levels for all NAFTA TN professions.

Who Can Legally Provide U.S. Immigration Law Services?

An attorney must be eligible to practice law in and be a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth, or the District of Columbia in the United States. They must be licensed in the United States. Attorneys not admitted to practice in the United States are NOT legally authorized to practice or advise on U.S. Immigration Law matters.

Many times foreign attorneys participate in the unauthorized practice of U.S. Immigration Law and provide wrong advice that can further complicate your case and even hurt your chances permanently for obtaining authorization to work within the United States. The Wrong Help Can Hurt! 

When seeking legal assistance for your TN visa make sure you are working with a licensed U.S. Immigration Lawyer, admitted to practice law in the United States, who is a member of the American Immigration Lawyers Association (AILA).

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