The North American Free Trade Agreement (NAFTA) was an agreement signed between the United States, Canada, and Mexico in 1994 that aimed to promote trade and investment among the three countries. One of the provisions of NAFTA was the establishment of a temporary work visa program that allows citizens of these countries to work in each other’s countries for a specified period.
Under NAFTA, the following work permits are available:
- NAFTA Professional (TN) visa: This visa is available to Canadian and Mexican citizens who work in certain professions, such as scientists, engineers, and accountants, among others. To be eligible for this visa, the applicant must have a job offer in the United States, and the job must require a NAFTA professional.
- NAFTA Intra-Company Transfer (L-1) visa: This visa is available to employees of a company in Canada or Mexico who are being transferred to a parent, branch, subsidiary, or affiliate of the same company in the United States. The employee must have worked for the company for at least one year in the past three years and be coming to the United States to work in a managerial, executive, or specialized knowledge capacity.
- NAFTA Investor (E-2) visa: This visa is available to Canadian and Mexican citizens who are investing a substantial amount of capital in a business in the United States. The applicant must own at least 50% of the business and be coming to the United States to direct and develop the business.
The NAFTA was replaced by the United States-Mexico-Canada Agreement (USMCA) in 2020. However, the work permit provisions under NAFTA are still in effect for those who obtained visas under NAFTA before the USMCA took effect.
NAFTA Intra-Company Transfers
Under NAFTA, an Intra-Company Transfer (L-1) visa is available to employees of a company in Canada or Mexico who are being transferred to a parent, branch, subsidiary, or affiliate of the same company in the United States. This visa allows eligible employees to work in the United States for a temporary period.
To be eligible for the L-1 visa, the employee must have worked for the company for at least one year in the past three years, and be coming to the United States to work in a managerial, executive, or specialized knowledge capacity.
The L-1 visa is typically granted for an initial period of up to three years for employees coming to the United States to work in an established U.S. office. For employees coming to the United States to help establish a new office, the L-1 visa is granted for an initial period of up to one year.
One of the benefits of the L-1 visa is that it allows the employee to bring their spouse and unmarried children under the age of 21 to the United States on an L-2 visa. L-2 visa holders are allowed to attend school in the United States and may also apply for work authorization.
The L-1 visa is still available under the United States-Mexico-Canada Agreement (USMCA), the eligibility requirements and application process may have changed from those under NAFTA.
NAFTA Investors
Under NAFTA, an Investor (E-2) visa is available to Canadian and Mexican citizens who are investing a substantial amount of capital in a business in the United States. The E-2 visa allows eligible investors to enter and work in the United States for a temporary period.
To be eligible for the E-2 visa, the applicant must own at least 50% of the business or be a key employee of the business, and the business must have a substantial investment in the United States. The investment must be a substantial amount of money relative to the total cost of the business, and the investment must be in an active and operating enterprise.
In addition to the above requirements, the business must also be a qualifying enterprise. A qualifying enterprise is one that engages in substantial trade between the United States and Canada or Mexico, or one that is in a specific list of industries outlined in the NAFTA agreement.
The E-2 visa is typically granted for an initial period of two years, with the option to renew in two-year increments. There is no maximum limit on the number of times the E-2 visa can be renewed, as long as the investor or key employee continues to meet the eligibility requirements.
The E-2 visa is still available under the United States-Mexico-Canada Agreement (USMCA), the eligibility requirements and application process may have changed from those under NAFTA.
NAFTA Professionals
NAFTA Professionals are individuals who are citizens of Canada, Mexico, or the United States and work in certain designated professions covered under the North American Free Trade Agreement (NAFTA). These professions include accountants, architects, computer systems analysts, engineers, management consultants, and scientific and technical consultants, among others.
Under NAFTA, these professionals can work in any of the three member countries, provided they meet certain criteria, such as possessing the necessary qualifications, having a job offer from a company in the host country, and obtaining a work permit or visa, where required. The agreement streamlines the immigration process for NAFTA professionals, making it easier for them to work in their field of expertise across North America.
However, with the implementation of the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA on July 1, 2020, some changes have been made to the list of professions and requirements for NAFTA professionals. Nevertheless, the USMCA still provides opportunities for skilled professionals to work and collaborate across the three countries.
Eligibility for NAFTA Work permits
To be eligible for a NAFTA work permit, you must:
- Be a citizen of Canada, Mexico, or the United States.
- Work in one of the professions listed in the NAFTA agreement.
- Have a job offer from a company in another NAFTA country.
- Possess the necessary qualifications and/or credentials for the profession, as specified by the relevant regulatory or professional body in the host country.
- Meet the applicable immigration requirements of the host country, such as obtaining a work permit or visa.
The eligibility criteria for NAFTA work permits may differ slightly between the three member countries, and may also change with the implementation of the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA on July 1, 2020. It is always advisable to consult the relevant immigration authorities or a qualified immigration lawyer for the most up-to-date information on eligibility and application requirements.
