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United States-Mexico-Canada Agreement
The United States-Mexico-Canada Agreement (USMCA) entered into force on July 1, 2020. The USMCA, which substituted the North America Free Trade Agreement (NAFTA) is a mutually beneficial win for North American workers, farmers, ranchers, and businesses. The Agreement creates a more balanced, reciprocal trade supporting high-paying jobs for Americans and grow the North American economy. U.S. goods and services trade with USMCA totaled an estimated $1.8 trillion in 2023. Exports were $789.7 billion; imports were $974.3 billion. The U.S. goods and services trade deficit with USMCA was $184.6 billion in 2023. The USMCA has created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:
Unlike Mexican citizens, Canadian citizens are generally eligible for admission at the border as nonimmigrants without a visa. The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement. USMCA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.
If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.
You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:
If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS. Premium Processing Service is available.
If USCIS approves Form I-129, you, the prospective worker, may then apply to the CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:
In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
CHAPTER 16 OF THE USMCA
TEMPORARY ENTRY FOR BUSINESS PERSONS
APENDIX 1 BUSINESS VISITORS
Research and Design
Technical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of another Party.
Purchasing and production management personnel conducting commercial transactions for an enterprise located in the territory of another Party.
Market researchers and analysts conducting independent research or analysis or research or analysis for an enterprise located in the territory of another Party.
Trade fair and promotional personnel attending a tradeconvention.
Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of another Party but not delivering goods or supplying services.
Buyers purchasing for an enterprise located in the territory of another Party.
Transportation operators transporting goods or passengers to the territory of a Party from the territory of another Party or loading and transporting goods or passengers from the territory of a Party, with no unloading in that territory, to the territory of another Party.
With respect to temporary entry into the territory of the United States, Canadian customs brokers performing brokerage duties relating to the export of goods from the territory of the United States to or through the territory of Canada.
With respect to temporary entry into the territory of Canada, United States customs brokers performing brokerage duties relating to the export of goods from the territory of Canada to or through the territory of the United States.
Customs brokers providing consulting services regarding the facilitation of the import or export of goods.
Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to a seller’s contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the territory of the Party into which temporary entry is sought, during the life of the warranty or service agreement.
Management and supervisory personnel engaging in a commercial transaction for an enterprise located in the territory of another Party.
Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in the territory of another Party.
Public relations and advertising personnel consulting with business associates, or attending or participating in conventions.
Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in the territory of another Party.
· with a group of passengers on a bus tour that has begun in, and will return to, the territory of another Party;
· to meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in the territory of another Party; or
· with a group of passengers on a bus tour to be unloaded in the territory of the Party into which temporary entry is sought, and returning with no passengers or reloading with the group for transportation to the territory of another Party
APPENDIX 2 OF THE USMCA PROVIDES A LIST PROFESSIONALS ELIGIBLE FOR TN VISAS
lPROFESSIONS:
LIST OF PROFESSIONS
MINIMUM EDUCATIONAL REQUIREMENTS AND ALTERNATIVE CREDENTIALS
Accountant
Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.
Architect
Baccalaureate or Licenciatura Degree; or state/provincial license2
Computer Systems Analyst
Baccalaureate or Licenciatura Degree; or Post- Secondary Diploma3 or Post-Secondary Certificate,4 and three years experience
Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)
Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
Economist
Baccalaureate or Licenciatura Degree
Engineer
Baccalaureate or Licenciatura Degree; or state/provincial license
Forester
Baccalaureate or Licenciatura Degree; or state/provincial license
Graphic Designer
Baccalaureate or Licenciatura Degree; or Post- Secondary Diploma or Post-Secondary Certificate, and three years experience
Hotel Manager
Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Industrial Designer
Baccalaureate or Licenciatura Degree; or Post- Secondary Diploma or Post-Secondary Certificate, and three years experience
Interior Designer
Baccalaureate or Licenciatura Degree; or Post- Secondary Diploma or Post-Secondary Certificate, and three years experience
Land Surveyor
Baccalaureate or Licenciatura Degree; or state/provincial/federal license
Landscape Architect
Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the Province of Quebec)
LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar
Librarian
M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management Consultant
Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience
in a field of specialty related to the consulting agreement
Mathematician (including Statistician)5
Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationalist
Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution)
Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist6
Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker
Baccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist)
Baccalaureate or Licenciatura Degree
Technical Publications Writer
Baccalaureate or Licenciatura Degree; or Post- Secondary Diploma or Post-Secondary Certificate, and three years experience
Urban Planner (including Geographer)
Baccalaureate or Licenciatura Degree
Vocational Counsellor
Baccalaureate or Licenciatura Degree
Medical/Allied Professional
Dentist
D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
In accordance with the NAFTA 1994 Commission decision of October 7, 2003, the term “Mathematician” includes the profession of Actuary.
A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.
Dietitian
Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)7
Baccalaureate or Licenciatura Degree; or Post- Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist
Baccalaureate or Licenciatura Degree
Occupational Therapist
Baccalaureate or Licenciatura Degree; or state/provincial license
Pharmacist
Baccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only)
M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist
Baccalaureate or Licenciatura Degree; or state/provincial license
Psychologist
State/provincial license; or Licenciatura Degree
Recreational Therapist
Baccalaureate or Licenciatura Degree
Registered Nurse
State/provincial license; or Licenciatura Degree
Veterinarian
D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license
Scientist
Agriculturist (including Agronomist)
Baccalaureate or Licenciatura Degree
Animal Breeder
Baccalaureate or Licenciatura Degree
Animal Scientist
Baccalaureate or Licenciatura Degree
7 A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic, or bacteriological tests and analyses for diagnosis, treatment or prevention of disease.
Geneticist
Baccalaureate or Licenciatura Degree
Geologist
Baccalaureate or Licenciatura Degree
Geochemist
Baccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States)
Baccalaureate or Licenciatura Degree
Horticulturist
Baccalaureate or Licenciatura Degree
Meteorologist
Baccalaureate or Licenciatura Degree
Pharmacologist
Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada)
Baccalaureate or Licenciatura Degree
Plant Breeder
Baccalaureate or Licenciatura Degree
Poultry Scientist
Baccalaureate or Licenciatura Degree
Apiculturist
Baccalaureate or Licenciatura Degree
Astronomer
Baccalaureate or Licenciatura Degree
Biochemist
Baccalaureate or Licenciatura Degree
Biologist
Includes:
Plant Pathologist
Baccalaureate or Licenciatura Degree
Chemist
Baccalaureate or Licenciatura Degree
Dairy Scientist
Baccalaureate or Licenciatura Degree
Entomologist
Baccalaureate or Licenciatura Degree
Epidemiologist
Baccalaureate or Licenciatura Degree
Soil Scientist
Baccalaureate or Licenciatura Degree
Zoologist
Baccalaureate or Licenciatura Degree
Teacher
College
Baccalaureate or Licenciatura Degree
Seminary
Baccalaureate or Licenciatura Degree
University
Baccalaureate or Licenciatura Degree
1 A business person seeking temporary entry under this Appendix may also perform training functions relating to the profession, including conducting seminars.
2 “State/provincial license” and “state/provincial/federal license” mean a document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.
3 “Post-Secondary Diploma” means a credential issued, on completion of two or more years of postsecondary education, by an accredited academic institution in Canada or the United States.
4 “Post-Secondary Certificate” means a certificate issued, on completion of two or more years of postsecondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.
5 In accordance with the NAFTA 1994 Commission decision of October 7, 2003, the term “Mathematician” includes the profession of Actuary.
6 A business person in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.
7 A business person in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic, or bacteriological tests and analyses for diagnosis, treatment or prevention of disease.
8 In accordance with the NAFTA 1994 Commission decision of October 7, 2003, the term “Biologist” includes the profession of Plant Pathologist.
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