The US-Mexico-Canada Agreement (USMCA), effective from July 1, 2020, has succeeded the North American Free Trade Agreement (NAFTA), which had been in place since 1994. The USMCA essentially adopts the main provisions of NAFTA, including the professions list and their qualifications. This article compiles interpretive memos and letters issued over the years to clarify USMCA (formerly NAFTA) provisions, mainly focusing on the TN Visa category.
Key USMCA Provisions and Governing Regulations
Several documents and memos have been issued to outline and interpret the provisions of NAFTA, now governed under USMCA. These include:
- Federal Register – Vol. 58, No. 249 – NAFTA provisions and professions – Dec. 30, 1993
- 1999 NAFTA Handbook
- 9 FAM 402.17 USMCA PROFESSIONALS – TN AND TD VISAS
- CBP – Requirements for TN Visa Processing at Ports of Entry – Dec. 23, 2011
- Qualifications for Professions under NAFTA (USMCA) Appendix 1603.D.1 – May 8, 2013
- Employment of Canadian and Mexican Professionals under NAFTA – May 8, 2013
- USMCA Chapter 16 Temporary Entry for Business Persons – July 1, 2020
- 8 CFR 214.6 Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level – July 11, 2022
Interpreting TN Visa Professions under USMCA
Various memos have been released to clarify the status and requirements for specific TN Visa professions. These include:
- NAFTA Appendix 1603.D.1. Professions and Qualifications. Federal Register Col. 58, N0. 249 NAFTA Appendix 1603.D.1. Professions and Qualifications – Dece. 30, 1993
- TN Visa Status as a Physician – Teaching and Research ONLY – TN Visa status as a Physician – Limited to teaching and research – April 10, 1995
- TN Visa Status as a Computer Engineer and Hotel Restaurant Managers – Computer Engineers and Hotel Restaurant Managers under NAFTA – Cronin memo July 2000
- Adding Actuaries and Plant Pathologists to Appendix 1603.D.1. of the NAFTA – Adding Actuaries and Plant Pathologists to Appendix 1603.D.1 of NAFTA – Federal Register, Vol. 65, No. 244, Dec. 19, 2000
- TN Visa Status as a Scientific Technician Technologist – Scientific Technician Technologist Definition and Requirements – Nov. 7, 2002
- CBP Adding Additional TN Visa Occupations: Actuary and Plant Pathologist – CBP – NAFTA TN Visa Occupations Actuaries and Plant Pathologists – Oct. 26, 2004
- TN Visa Status as a Physical Therapist – CGFNS – TN Visa Status for Physical Therapist – March 26, 2009
- TN Visa Status as a Computer Systems Analyst – CBP Memo – Trade NAFTA Computer Systems Analysts – CSA – May 14, 2010
- TN Visa status as Management Consultants, Computer Systems Analysts, Engineers, Scientific Technicians, and Medical Technologists – CBP Memo defining Management Consultants – Computer Systems Analysts – Engineers – Scientific Technicians – Medical Technologists – May 8, 2013
- TN Visa Status as an Economist – Excludes Financial Analysts – USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists – Financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist – Dec. 18, 2013
- USMCA Chapter 16 Appendix 2 Professionals – USMCA Appendix 2 Professionals – July 1, 2020
- TN Visa Status as a Laboratory Scientist Technician – CGFNS Memo on Laboratory Scientists – Technicians – Related and Non-Related Professions – Sep. 2022
USMCA TN Visa Policy Memos
- TC Classification Guidance on Nurses, Management Consultants, and Rule against Combining Degrees and Experience for TC Status (now TN) – US Canada FTA Implementation Memo – Oct. 4, 1989
- TN Visa Licensing Requirements – TN Visa licensing requirements – Post-entry requirement – Oct. 26, 2004. Federal Register TN Visa Licensing Requirements – Dec. 30, 1993
- Self-employment on a TN Visa – Definition of Self-employment on a TN Visa – Feb. 5, 1996
- TN Visa Denial Procedures – INS Memo – NAFTA TN Visa Denial Procedure – July 14, 2000
- TN Visa application withdrawal procedures for Canadians under NAFTA – Denial of Applicants for Admission under NAFTA – May 25, 2001
- USCIS Yates Memo LIfting the Numerical Cap and Eliminating LCA and Petition Requirements for Mexican Professionals – Removal of Numerical CAP for TN visa Status – Jan. 8, 2004
- TN Visa Status and Immigrant Intent – Immigrant Intent Memo – TN Visa Status and I-140 Petition – Apr. 21, 2008
- TN Visa Duration Extended from 1 year to 3 years Max per Stay – Period of Admission and Extension of Stay for Canadian and Mexican Citizens Engaged in Professional Business Activities—TN Nonimmigrants – Federal Register – Vol. 73, No. 201 – Oct. 16, 2008
- Traveling on an expired visa through Automatic Visa Revalidation as a Mexican National – Automatic Visa Revalidation (AVR) for Mexican Nationals – May 23, 2012
- Employers now able to file Form I-129 for Canadians Outside the United States – New Filing Option on behalf of Canadian TN Nonimmigrants – Sep. 28, 2012
- Mexicans wishing to enter as TN no longer need an approved petition but can apply directly at the embassy or consulate abroad. – DOS Final Rule Removing NAFTA Petition Requirement for Mexican Citizens – Feb. 10, 2014
USMCA TN Visa Templates and Checklists
To assist in the TN Visa application process, various templates and checklists are available:
- TN Visa Application Checklist – CBP – NAFTA – TN Visa Eligibility Checklist
- TN Visa Experience Letter – SAMPLE – TN Visa Experience Letter Template
- TN Visa Statement of Intent – SAMPLE – TN Visa Statement of Intent Template
It’s essential to consult with a qualified U.S. immigration lawyer before relying on these documents, as they are for informational purposes only. This guide is a comprehensive resource for understanding the nuances of the USMCA and the TN Visa process.
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