US & Canadian Work Visa for Nafta Visa for Mexico Citizens

NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) is for Canadian and Mexican citizens engaged in activities at a professional level in the U.S. The Professional TN is much like the H-1B visa except there is no statutory limitation on the length of stay and it covers a broader range of job categories. However, unlike the H-1B visa, a TN visa is not a “dual intent” visa which means that the visa holder must prove their intent not to immigrate to the U.S. The following restrictions apply to the TN visa category:

• You may only work under certain types of occupations.
• You may not be self-employed in any occupation while in the U.S.
• Successful applicants must intend to return to Canada or Mexico when their work in the U.S. is complete.
• Extensions are available in one-year increments.

What are the requirements to obtain a Professional TN visa?

• Applicant must be a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• The Applicant is to work in a prearranged full-time or part-time job, for a U.S. employer; and
• The Applicant has the qualifications required for the profession.

The application requirements are different for citizens of Canada and Mexico (see below). Requirements for Canadian Citizens Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable his/her spouse and children to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:

• Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, US immigration officer;
• Employment Letter which describes in detail the activities/job duties to be performed; the purpose of entry; anticipated length of stay; beneficiary’s educational qualifications; beneficiary’s compliance with any applicable state law; and arrangements for payment of salary.
• Proof of professional qualifications – degrees/diplomas &/or transcripts along with credentials evaluation if necessary; licenses, certificates, degrees, and/or records of previous employment.
• Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. Note: Canadian citizens traveling to the U.S. from outside the Western Hemisphere are required to present a valid passport at the port-of-entry.
• Visa application fee
• May need to provide proof that stay in U.S. is temporary period (i.e., real estate ownership documents, residential lease or sub-lease agreement, bank account statements, evidence of immediate family still residing in Canada, etc.)

NOTE: Be sure to check the U.S. Consulate website that you will be visiting for their specific procedures regarding visa applications and interviews. They will also list the visa application fees and current forms to submit. Requirements for Mexican Citizens As of January 1, 2004 the procedures were simplified for Mexicans by removing the requirement for petition approval and for filing of a labor condition application. Mexicans are no longer subject to numerical limitation for these professionals. Mexican citizens still require a visa to request admission to the United States. Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. As part of the visa interview, a quick, two-digit, ink-free fingerprint scan can generally be expected. The waiting time for an interview appointment for most applicants is a few weeks or less, but for some embassy consular sections it can be considerably longer. Each Mexican applicant for a TN visa must submit the following:

• Nonimmigrant Visa Application, Form DS-156, completed and signed. Applicants are strongly encouraged to submit the electronic version of the DS-156.
• A consular officer may require any nonimmigrant visa application to complete a Supplemental Nonimmigrant Visa Application, Form DS-157. This form provides additional information about your travel plans.
• A Mexican passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States.
• Employment Letter which describes in detail the activities/job duties to be performed; the purpose of entry; anticipated length of stay; beneficiary’s educational qualifications; beneficiary’s compliance with any applicable state law; and arrangements for payment of salary.
• Proof of professional qualifications – degrees/diplomas &/or transcripts along with credentials evaluation if necessary; licenses, certificates, degrees, and/or records of previous employment.
• Visa application fee
• May need to provide proof that stay in U.S. is temporary period (i.e., real estate ownership documents, residential lease or sub-lease agreement, bank account statements, evidence of immediate family still residing in Mexico, etc.)
• If applying in country other than Mexico, one 2×2 photograph of the applicant will be required

NOTE: Be sure to check the U.S. Consulate website that you will be visiting for their specific procedures regarding visa applications and interviews. They will also list the visa application fees and current forms to submit. Is Licensure Required? Requirements for NAFTA professional do not include licensure. Licensure to practice a given profession in the U.S. is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority. However, if readily available, it is always a good idea to submit proof that the applicant possesses the required license or proof of ability to meet applicable license requirement. Spouses and Children Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must provide proof of their relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S.; however, they are permitted to study. Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:

• Proof of Canadian citizenship;
• Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
• Photocopies of entry documents of the principal applicant.

Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate. If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications. Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status How Long Can I Stay? The maximum period of admission into the U.S is one year. Extensions of stay will be granted in increments of one year. There is no limit on how long a TN visa holder may remain in the U.S. in such status; however, the TN is not a dual intent visa and TN visa holders must prove they do not intend to immigrate to the U.S. Extension of Stay For Canadian or Mexican citizens admitted as a NAFTA Professional may seek an extension of stay which may be granted up to one year, by: If in the U.S.: filing Form I-129 Petition for Non-immigrant Worker along with all required supporting documentation and filing fee with the appropriate USCIS Regional Service Center. Or, the applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.

The E-3 visa classification currently applies only to nationals of Australia

As well as their spouses and children. A non Australian Souse of an Australian E-3 visa holder is qualified for the E-3 visa as a dependant of his/her husband or wife. The E-3 principal nonimmigrant aliens must be coming to the United States solely to perform services in a specialty occupation. The E-3 visa is similar to the H-1B visa, although unlike the H1b, The E-3 worker need not file a petition with the USCIS. Consulate filing is acceptable. The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually. Spouses and children do not count against the numerical limitation nor are they required to possess the nationality of the principal. A Labor Condition Application (LCA), containing attestations by the sponsoring employer related to wages and working conditions must be filed with and approved by the Department of Labor (DOL). The definition of a “specialty occupation” under the E-3 visa is similar to the definition of a “specialty occupation” under the H-1B visa. In general, a specialty occupation is one that requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States. The recent State Department’s regulations governing E-3 visas incorporate the definitions contained in section 214(i)(1) of the Immigration and Nationality Act (INA). In order to determine what constitutes a “specialty occupation,” consular officers abroad will be guided by, and will apply, regulatory criteria already developed by the Department of Homeland Security for the H-1B classification. Status of Spouse and Minor Children Section 214(e)(6) of the Immigration and Nationality Act permits the spouse of a principal E nonimmigrant to engage in employment in the United States. As is the case for the spouse of a principal E-1 and E-2 nonimmigrant, the spouse of a qualified E-3 nonimmigrant may, upon admission to the United States, apply for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility. Such spousal employment may be in a position other than a specialty occupation. E-3 validity E-3 I-94 time limits are the same as E-1 and E-2 visas (as opposed to H-1Bs). As with other E visas the E-3 visa can be extended indefinitely as long as the worker continues employment in the proffered position as the required wages. Four major advantages of the E-3 over the similar H1b: 1. Not subject to the H1b quota 2. Can extend your stay indefinitely (apposed to 6 year limit for the H) 3. Spouse can work with an approved work permit (H spouse does not qualify for work permit) 4. May apply directly at either the US Consulate in Australia or in Some cases Canada (no need for prior approval form USCIS as is required with the H)

The E treaty visa category

This category is limited to nationals of certain countries that have a treaty with the U.S. for trade and commerce.  An E-1 visa is available to a foreign national who wishes to come to the US to carry on substantial trade, principally between the US and his/her own country.  An E-2 visa is available to a foreign national who is coming to the United States to develop and direct the operations of an enterprise in which he/she has invested, or is actively in the process of investing, a substantial amount of capital.

This is suitable for hard to find skills, it has been used for professionals and skilled trades such as welders and fitters.

E-1 AND E-2 VISAS

Treaties between United States and many countries allow foreign persons to come to the United States to conduct trade (import/export activities) or to manage investments. Unlike the Immigrant Investor visa there is no fixed dollar amount for the investment. The E-1 visa is used to conduct trade between the United States and the country of nationality. The E-2 visa is used for overseeing investments in the U.S.

BASIC REQUIREMENTS FOR AN E VISA

1. A Treaty of Commerce and Navigation or a Bilateral Investment treaty must be in effect between the U.S. and the country of nationality of the foreign company or investor.
2. The company or the individual engaging in trade or investment in the U.S. must be of the same nationality as the treaty country.
   1. The nationality of an individual is the country of citizenship.
   2. The nationality of a corporation or partnership is determined by the citizenship of the individuals having controlling interest (stock ownership or partnership interest in the business entity). Controlling interest means at least 50% ownership. For treaty purposes, citizens of the treaty country who have acquired U.S. permanent residence status can not be counted in determining the 50% ownership. However, citizens of the treaty country who are in the U.S. in E visa status can be counted in determining the 50% ownership.
3. The employee or principal who is applying for E visa status must have the same nationality as the treaty entity. Spouses and children of the employee or principal may obtain derivative E status without being a citizen of the treaty country.

ADDITIONAL REQUIREMENTS FOR E-1, TREATY TRADER VISA

1. Substantial Trade

The company must be involved in substantial trade principally between the U.S. and the treaty country.

The definition of trade, for purposes of the E-1 visa, has broadened considerably. Previously, the E-1 visa was only available to businesses involved in the exchange, purchase or sale of tangible goods. Now, E-1 visa status is also available for businesses involved in the exchange, purchase, or sale of services as well as tangible goods.

Accordingly, businesses involved in services such as advertising, consulting, accounting, engineering or law may qualify for E-1 status. Also, companies involved in technology transfers may qualify for E-1 status if title to the technology passes from one company to another.

No specific minimum dollar amount is required to meet the requirement of substantial trade. Instead the dollar amount and the number of transactions are taken into account as well as the requirement that the trade be continuous. A single large transaction will not qualify while numerous small transactions may.

For the trade to be considered principally between the U.S. and the treaty country more than 50% of the dollar volume of the international trade must be between the U.S. and the treaty country.

1. Principal Trader

The person who is accorded E-1 visa status must be coming to the U.S. as the principal trader or in a supervisory or executive position or must have “skills which are essential to the successful operation of the enterprise”.

ADDITIONAL REQUIREMENTS FOR E-2, TREATY INVESTOR STATUS

1. Substantial Investment

There is no specific dollar amount which must be invested to meet the “substantial” requirement but the investment must meet one of two tests:

1. 1. It must represent a significant proportion of the total value of the business enterprise (this test is usually applied to investments in existing businesses), or
   2. It must be sufficient to establish a profitable and viable business of the type contemplated.
2. The investment must be in an active business.

Investment in property held for future appreciation, bank deposits and investments in stocks and securities would not qualify for the E-2 visa. The investment must be in an enterprise which produces some service or commodity.

1. The investment should create job opportunities for U.S. workers.

While it is preferable to have the U.S. workers hired at the time of application for the E-2 visa, reasonably achievable projections of jobs that will be created is often sufficent.

1. The E-2 visa applicant must play a key role in the operation of the business.

The visa applicant must either be the investor who is coming to the U.S. to develop or direct the investment or must be a manager or a highly trained employee with special skills necessary for the development of the investment.

STATUS OF FAMILY MEMBERS

Family members (spouses and unmarried children under 21) of the principal E visa employee may obtain derivative E visa status which allows them to live in the U.S. and attend school. Family members are not authorized to work unless they independently qualify for a visa.

DURATION OF STAY IN THE U.S.

E visas are generally issued for four or five years. E visa holders are admitted to the U.S. for two years and extensions of stay may be granted for up to two years at a time. Extensions are generally unlimited as long as the trade or investment continues. An E visa may often be reissued for an additional five years by the State Department Visa Office in Washington D.C. In this event it is not necessary to return to the home country to renew the visa.

APPLICATION PROCEDURE

The E visa application can be made through a U.S. consulate abroad or through a U.S. office of the Immigration & Naturalization Service. However, the reader is strongly advised to obtain the advice of a U.S. attorney prior to beginning the trading activities making the investment or applying for the visa.

E VISA Treaty Countries

Treaties which provide for trade and investment status (both E-1 and E-2 Visas) are in effect with the following countries:

1. • Argentina
   • Australia
   • Austria
   • Belgium
   • Canada
   • China (Taiwan)
   • Colombia
   • Costa Rica
   • Estonia
   • Ethiopia
   • Finland
   • France
   • Germany
   • Honduras
   • Iran
   • Ireland
   • Italy
   • Japan
   • Korea
   • Latvia
   • Liberia
   • Luxembourg
   • Mexico
   • Netherlands
   • Norway
   • Oman
   • Pakistan
   • Paraguay
   • Philippines
   • Slovenia
   • Spain
   • Suriname
   • Sweden
   • Switzerland
   • Thailand
   • Togo
   • Turkey
   • United Kingdom
   • Yugoslavia

Treaties conferring only E-1 treaty-trader status exist with the following countries.

1. • Bolivia
   • Brunei
   • Denmark
   • Estonia
   • Greece
   • Israel

Treaties conferring only E-2 Treaty-Investor status are in effect with the following countries:

1. • Armenia
   • Bangladesh
   • Bulgaria
   • Cameroon
   • Congo
   • Czech Republic
   • Ecuador
   • Egypt
   • Georgia
   • Grenada
   • Jamaica
   • Kazakhstan
   • Kyrgyzstan
   • Moldova
   • Mongolia
   • Morocco
   • Panama
   • Poland
   • Romania
   • Senegal
   • Slovakia
   • Sri Lanka
   • Trinidad & Tobago
   • Tunisia
   • Ukraine

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Article Recap:

Nurses from Mexico available on TN visas.

TN Visas are available under the NAFTA agreement which is between USA, Canada & Mexico.

Nurses, Physicians, doctors, architects, engineers and other professionals are eligible under the scheme.

The TN Visa is available for 3 years.

Nurses will need the following certificates to get the TN visa and work in USA…NCLEX, Visa Screen, IELTS, CFGNS is optional

We have nurses available for interview immediately, to request more info please fill in the form below and we will call you.

An H-2B Guest worker visa program guide for employers and corporations.

America has always been the dream destination for many people, especially foskilled professionals as the wages and facilities that one employee can earn while working inside USA is often more than they can earn at home, or it has more value in USA than it has at home due to the reasonable costs of living for basic things like clothes, food and travel.

We recently did a poll of all our applicants and USA was the top choice destination by far, which would support the fact that the US consulates are very keen to make sure that non immigrant workers intend to return home after their contract has finished.

USA work visas and guest work programs have different options according to the demands and the type of available jobs in USA.  The H-2b visa program for seasonal jobs is the main visa for lower skilled workers and often is the preferred USA work visas or guest worker program for employers. It allows  employers to hire foreign workers to get engaged in any kind of non-agricultural job for a short term, non immigrant stay in the USA.

The H2B Guest worker program offers  an extension option for up to three seasons, typically each visa is issued for 190 months or less at a time depending on the seasonal need.

This is a good visa for  people looking for some travel and fun jobs while residing in the US. Employers need temporary foreign employees for short time seasonal employment. The  H2b visa sponsorship is popular for it’s easy application and relatively hassle free approval process for the Labor certificate and the petition as long as the application has been handled correctly and with the right information, documents and approach submitted to both the department of labor and the USCIS at the time of applying for the I-797 petition.

Employers need proper advice before submitting documentation and all the necessary extra information before they apply for a labor certification approval to allow them to participate in the  H2b USA work visa program.

Employers will have to prove that their is unavailability of enough workers in their locality and that their need of temporary workers is genuine to allow them to apply for these visas for their own employees.

They should start to prepare to apply for the applications six months before the workers are needed, this gives enough time to plan ahead for an April 1st or October 1st start date. The main problem to the application if it is a genuine need is that there is a cap imposed  for 33000 successful applications in every fiscal years( six months), while there are approximately 50000 applications approved by the USCIS, these extra approvals are usually to cover those applicants that are rejected at the US consulate stage, which is approximately one third of all applicants.

Thta is a scary statistic to employers who have spent months and a great deal of money preparing for the workers, the question we get asked most when employers are made aware of these facts is always the same …”Is there a risk free way  procedure to follow while applying for the H2B Visas and petitions?”

The answer is that yes there are some simple procedures that should be followed and there are ways to ensure you stand the very best chance of success and minimize your chance of failure, this is done through proper candidate selection, proper documentation, experience of knowing what is needed at what time and having local knowledge in the countries that you are recruiting from.

Osrec offers a great option that you can expect proper guidance about the application process. Here, you can find experts doing immigration and recruitment for years. We are ready to help you completely so that you never have to bother with the filing and submission process after supplying us with the  proper documentation.

The main risk comes at the consulate stage but we have a unique preparation, screening and skills testing system in place to ensure the best chance possible.

Our goal to to help clients succeed in getting their workers on time and that they are quality workers that can hit the ground running.

A brief and easy guide to US Immigration guest worker and work related programs

America offers various opportunities for employers and migrant workers, every year US Immigration work programs approves a good number of visa applications for trained professionals. People who are looking for a job have the chance to apply for a USA visa under an employer or sponsor who has  pre approved  legal compliance’s to hire a suitable foreign worker as an employee under his company. The US Immigration work programs has arranged number of visa options for employers to hire employees according to their needs.

For employers, there are several convenient options to manage their workforce with foreign professionals. US Immigration offers H-1B Visa for professionals, H-2B Visa program for seasonal workers, many of whom may be highly skilled such as welders, fitters, electricians, journeymen linemen as well as the usual popular demands within the program such as ski resort workers, constriction workers, hospitality staff such as cooks, drivers, food servers, food production assistants and many more., the L-1 Visa is also quite popular for intra company transfers. Recently with the new rules being introduced for the H-2B visa which prevents some unscrupulous practices by both some agents and employers there has been a major shift towards the Q1 Visa and the J1 Visa as an alternative to the H”B visa program.

These are the most convenient work, employer and sponsor related visas for US Immigration for migrant or foreign workers, which can easily be attained by the employers through working with experienced and knowledgeable immigration and recruitment services such as the Overseas Recruitment Association. There are different visa options for different professional experts. H-1B visa and H-2B visas are arranged for the employees. US Immigration also has ready made provisions of business visas too, which includes B-1 visa.

Furthermore, the students, and tourists have their own options to attain US visa according to their needs.

Employers looking to employ foreign people in their company should first gain approval to do so through the Department of Labor. After approval and a temporary labor certificate are approved they also need to file the petition applications of their employees to the USCIS. After petitions are approved the worker needs to arrange the papers before submission to the US Consulate for final Visa to gain entry clearance to travel to USA.

Osrec helps applicants prepare properly for the embassy. This is often an overlooked part of the procedure which often goes wrong leaving employers frustrated with approved petitions but with applicants being denied entry clearance visas and therefore losing the time, effort and money spent in getting the temporary labor certificate and the USCIS approved petition.