North American Free Trade Temporary Work Visas

North American Free Trade Temporary Work Visas

The expedited business travel provisions of the North American Free Trade
Agreement (NAFTA), were modeled after those already in effect under the
U.S.-Canada Free Trade Agreement (CFTA) According to Chapter 16 of NAFTA, the
U.S., Canada, and Mexico, shall each grant temporary entry to four categories
of business travelers:

1. Business Visitors,
   
2. Intra-Company Transferees,
   
3. Traders and Investors, and
   
4. Professionals.
   

1. Business Visitors:

The NAFTA provisions have expanded the scope of permissable business activities
for Business Visitors to include the areas of:

1. Research and Design,
   
2. Growth, Manufacture and Production,
   
3. Market Research and Analysis,
   
4. Sales.
   
5. Distribution,
   
6. After-Sales Service, and
   
7. General Services (offered by aliens otherwise classifiable under section
   101 (a)(15)(H)(i) of the U.S. Immigration Act).

   
   
   

As is the case with the standard B-1 Business Visitor, the NAFTA Business
Visitor must be coming to the United States to provide services that primarily
benefit the foreign employer, and is required to receive a salary from the
foreign employer for services provided in the United States.

2. Intra-Company Transferees:

Persons who have been employed continuously for at least one year by a Canadian
or Mexican employer, as managers, executives or specialists, may obtain
authorization to work for a U.S. based branch office, or subsidiary of the
foreign employer for temporary periods of up to 7 years.

3. Traders and Investors:

The NAFTA agreement is considered to be a Treaty of Friendship, Commerce, and
Navigation (FCN) for purposes of conferring E-1 Treaty Trader, and E-2 Treaty
Investor status. Thus, nationals of Canada and Mexico may now apply for E-1,
or E-2 status.

4. Professionals:

There are 63 professions listed in the NAFTA agreement. Members of these
professions may apply for the new TN Professional temporary employment
authorization. Most professions listed require a bachelor's degree or licensing
in the field. Unlike the traditional H-1 Professional work visa, the new TN
Professional visa is exempt from Labor Department approval of either the
Prevailing Wage Application, or the Labor Condition Application. In addition,
there is no maximum annual number of Canadian nationals that may enter the U.S.
under this status.

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Canada to U.S. Business Immigration

Canada to U.S. Business Immigration

The New York State, U.S.A. Immigration Law Office of Mark Carmel, Attorney at Law, maintains a full time branch office in Toronto,
Canada. Our Toronto branch office specializes in NAFTA U.S.A. Business Immigration for Canadian Businesses and
Individuals.

Due to the reciprocal nature of the NAFTA Business Immigration provisions, our New York Law Office provides the full range of
U.S. to Canada Free Trade NAFTA Business Immigration legal services.

To receive detailed information about Canada/U.S. NAFTA Business Immigration contact Mark Carmel, Attorney at Law, by e-mail.

Our legal fees:
L-1A Corporate Transfer	$2,000
E-2 Investor	from $3,000
H-1B Professional	$2,000
TN-1 Professional	$1,000

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Canada to U.S. Business Visitor Free Trade NAFTA Visas

Canada to U.S. Business Visitor Free Trade NAFTA Visas

Business Visitors

The North American Free Trade Agreement (NAFTA) significantly expands the list of acceptable B-1 (Business Visitor) activities for Canadians. These expanded permissible business activities are as follows:

1. Research and Design:
   Technical, scientific, and statistical researchers conducting independent research for an enterprise located in Canada.
   
   
2. Growth, Manufacture and Production:
   Harvester owner supervising a harvesting crew admitted under applicable law. Purchasing and production management personnel conducting commercial transactions for an enterprise located in Canada.
   
   
3. Marketing:
   Market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise located in Canada. Trade Fair and promotional personnel attending a trade convention.
   
   
4. Sales:
   Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in Canada but not delivering goods or providing services. Buyers purchasing for an enterprise located in Canada.
   
   
5. Distribution:
   Transportation operators delivering to the United States or loading and transporting back to Canada, with no intermediate loading or delivery within the United States. Customs brokers performing brokerage duties associated with the export of goods from Canada, to or through the United States.
   
   
6. After-Sales Service:
   Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to the seller's contractual obligation, performing services or training workers to perform such 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 in Canada, during the life of the warranty or service agreement.
   
   
7. General Service:
   Professionals, qualifying for entry into the United States under section 101(a)(15)(H)(i) of the Immigration and Nationality Act, but receiving no salary or other remuneration from a United States source.
   
   
8. Management and supervisory personnel engaging in commercial transactions for an enterprise located in Canada.
   
   
9. Computer Specialists otherwise classifiable under section 101(a)(15)(H)(i) of the Immigration and Nationality Act, but receiving no salary or other remuneration from a United States source.
   
   
10. Financial services personnel (insurers, bankers, or investment brokers) engaging in commercial transactions for an enterprise located in Canada.
    
    
11. Public relations and advertising personnel consulting with business associates, or attending or participating in conventions.
    
    
12. Tourism personnel (tour and travel agents, tour guides or operators) attending or participating in conventions or conducting a tour that has begun in Canada.
    
    
13. Translators or interpreters performing services as employees of an enterprise located in Canada.
    
    

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U.S.A. Immigration Guide for Canadian Actors and Members of the Entertainment Industry

U.S.A. Immigration Guide for Canadian Actors and Members of the Entertainment Industry

U.S.A. VISA GUIDE FOR CANADIAN ACTORS
AND MEMBERS OF THE ENTERTAINMENT INDUSTRY

An actor may not file a non-immigrant visa "petition" on his/her own behalf. This task must be done by your "sponsor" (called your "petitioner" ), that is, the employer, agent or other sponsor located in the United States -- a person, corporation or entity with a U.S. address and an IRS tax number.




The visa petition must include evidence to establish to the satisfaction of U.S. Immigration officials that:



1. The beneficiary will perform in the United States


2. The beneficiary meets the standards that apply to the specific visa category; and


3. The beneficiary's performance is of "distinction" or "recognized internationally" as "culturally unique."



Additional supporting documentation:



All documents showing the nature and terms of the performance, including a copy of the contract, the itinerary with exact dates and locations (venues), local advertisements for the performance(s), etc.; all documents that provide evidence that the beneficiary meets the applicable standards (see "Visa Classifications for Performing Artists," below); and personal information of beneficiary, including date and place of birth, citizenship status, current residence, and passport number and expiration date. a written advisory opinion from a U.S. labor union (see "Consultation Requirement," below); and a Petition for a Nonimmigrant Worker (Form I-129) with related O and P Supplement from the nearest regional USINS Center in the United States.





The completed petition, support documentation and appropriate fees (see "Visa Classifications for Performing Artists" and "Basic and Supplementary Fees," below) should be filed by the petitioner up to six months, and never less than 45 days, before the scheduled date of the performance. It will be filed at the USINS Center with jurisdiction over the location of the event. In the event that the tour involves performances in more than one location, the petition must be submitted to the USINS Center with jurisdiction over the location of the petitioner.




The petitioner should file the petition as early as possible. Even cases involving only routine processing require anywhere from 15 to 30 days (or longer) to be approved. After receiving the USINS approval notice from your U.S. petitioner, a Canadian citizen may apply at a U.S. port of entry, with the I-797 Notice of Approval from the USINS, and proof of Canadian citizenship. A new 15 day "Premium Processing" has recently been instituted by the Immigration Service for O and P non-immigrant visas.





Support Documentation:
Explanations and Helpful Hints




O and P visa petitions must contain substantial supporting documentation of evidence of the beneficiary's accomplishments and artistic ability. The visa classifications for performing artists listed below indicate the customary types of evidence required for foreigners who wish to perform in the United States. Be sure to provide evidence of your credentials as specified under the visa classification applicable to you. Additional, unlisted evidence may also be submitted, if you feel such evidence demonstrates your accomplishments and artistic ability and is comparable to the types of proof specified. As are all governments, the United States government is responsible for ensuring and protecting jobs for its work force. United States Immigration law requires that your past performances meet specific regulatory criteria to qualify for the various visa classifications available to performers. Immigration officials must make sure that you meet the standards that apply to the visa classification you seek. In cases where there is a strike or a lockout in the United States involving artists in your category, there may be a stoppage of visas for foreign replacements.
To assist them in evaluating the merit of your performance and its impact on working conditions, U.S. Immigration officers are required to obtain the opinions of U.S. labor unions (e.g., the American Federation of Musicians (AFM), the Screen Actors Guild, the Directors Guild, etc.). Clearly, this requirement is to your disadvantage (as it was intended to be) unless you are renowned in your particular field. Do not be overly concerned, however, since these opinions are only advisory and visa applications can be approved without the support of labor unions provided that you supply countervailing documentation. When a motion picture or television production is involved, a second consultation from a management association is required
.


Remember that you can enhance your application and offset the potential impact of an adverse union opinion if you submit "favorable" opinions (i.e., letters of recommendation) from recognized professional U.S. arts associations, management organizations or individual experts in your particular artistic field. Written advisory opinions from such non-labor sources assist U.S. Immigration officers, who are not always artistically inclined, to evaluate the merit of your ability. When requesting an advisory opinion, don't be modest. Flaunt your accomplishments and artistic qualities. If you are relatively unknown to American audiences, focus on enhancing your petition by submitting local reviews, articles or other materials that attest to your talent and the quality of your performances. Furthermore, if you belong to an established Canadian entertainment group and have yet to enter the American market due to certain factors that you feel are beyond your control, you may consider requesting a special waiver that relaxes t

isa Classifications for Performing Artists

The visa classifications listed here apply to individual performing artists and entertainment groups, as well as their accompanying performers and essential support personnel. Separate petitions are required for each classification.





O-1 Individual Artist or Entertainer with a Demonstrated Record of Extraordinary Ability (Distinction) or Achievement.


O-2 Performer(s) or Essential Support Personnel Accompanying the O-1 Performer of Extraordinary Ability or Achievement.


P-1 Member of an Internationally Recognized Entertainment Group and Essential Support Personnel.


P-2 Participant in a Reciprocal Exchange Program Between a Canadian and U.S. Organization and its (or their) Essential Support Personnel from the American Federation of Musicians or Actors Equity.


P-3 Culturally Unique Performers, Performing Groups, Teachers or Coaches and Essential Support Personnel.


O-3 & P-4 Accompanying Dependents.



H-2B Musicians to be Employed Within 50 Miles of the Canadian Border.

O-1 Individual Artist or Entertainer with a Demonstrated Record of Extraordinary Ability or Achievement



You qualify for an O-1 visa if you have received or been nominated for a significant national or international award such as an Academy Award, an Emmy, a Grammy or a Directors Guild Award, or if you have documented evidence (critical reviews, publication releases, playbills, contracts, etc.) of at least three of the following accomplishments. You have:





1. performed, or will perform, a lead or starring role in a production or event having a distinguished reputation;


2. achieved national or international recognition;


3. performed a lead, starring or critical role for organizations that have a distinguished reputation;


4. achieved major commercial or critical success;


5. received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field; or
6. commanded, or now command, a high salary or other substantial remuneration for services in relation to others in the field.




Note that O-1 visas are not only for principal creators and performers, but also for other essential persons who have significant creative input or responsibilities, such as directors; set, lighting and sound designers; choreographers; chorologists; conductors; orchestrators; musical language or other coaches; arrangers; musical supervisors; costume designers; make-up artists; and animal trainers.



An O-1 visa is approved for up to a maximum of three years for a specific performance, film shoot or tour. Extensions for continuing or completing the same activity must be requested on a new I-129 Form and may be approved in one-year increments. Moreover, there is a special exception for work involving motion picture or television production, where significant production work (including pre- and post-production) is both inside and outside the United States.




O-2 Performer(s) or Essential Support Personnel Accompanying the O-1 Performer of Extraordinary Ability or Achievement



You qualify for an O-2 visa if you do not have a lead, starring or critical creative role, but are nonetheless an integral part of the performance, motion picture or television production. You may also be "essential support personnel" of the 0-1 alien performer. You must submit documented evidence demonstrating that you possess "critical skills and experience" based on a long-standing working relationship with the O-1 artist or perform an essential role that cannot be readily performed by other persons
.


Note that personnel accompanying performers include back-stage assistants, or essential support personnel such as stage technicians and others who may not qualify for O-1 visas individually.
An O-2 visa petition may include more than one name. The application must be made on a separate petition form from the one used to request the O-1 visa, and it must be submitted to USINS in conjunction with the O-1 visa. The duration of the visa is up to a maximum of three years for the event, specific performance, film shoot or tour. Extensions for continuing or completing the same activity must be requested on a new I-129 Form and may be approved in one-year increments.



P-1 Member of an Internationally Recognized Entertainment Group and Essential Support Personnel



You qualify for a P-1 visa if you are a member of an entertainment group that has received international recognition. You must submit documented evidence that demonstrates "international recognition" along the same lines used to demonstrate extraordinary ability (distinction) or achievement for O-1 individual performers (i.e., documented evidence of at least three significant accomplishments).



You must also submit a written statement listing all the members in your entertainment group and the exact dates during which each member has been employed by the group on a regular basis. As a general rule, 75 percent of your members must have been with the group for at least one year (see "One-Year Relationship Requirement" in the paragraph on special rules, below). If you are an essential support person to the P-1 or P-3 entertainment group, you must submit a separate petition, together with documented evidence establishing your "essential role, critical skills and experience" in association with the group.



Note that essential support visas must be requested separately from the visas for the main performer(s), but can be approved only in conjunction with the visas for the main performer(s). There is less of an emphasis on the long-standing relationship between supporter and performer than in the O-2 context.

There are some special rules applicable to P-1 entry.

Waiver from International Recognition Requirement



You can request a waiver if your group has an outstanding national reputation, and you can demonstrate that certain factors, such as limited access to the news media or geography, have hindered the attainment of recognition outside Canada. This provision is of specific benefit to Canadian performers.



One-Year Relationship Requirement



You must provide evidence that your entertainment group has been established with 75 percent of its current members for at least one year. However, this requirement may be waived for members who:





1. replace an essential member of the group due to illness or other unanticipated and exigent circumstances;


2. augment the group by performing a critical role; or


3. When requesting a waiver from either the international recognition or one-year relationship requirement, be sure to support your claim with documented evidence, even written expert opinions if necessary.



A P-1 visa is approved for up to a maximum of one year for a specific performance or tour. Extensions for continuing or completing the same activity must be requested on a new I-129 Form and may be approved in one-year increments.



P-2 Participant in a Reciprocal Exchange Program Between a Canadian and U.S. Organization and its (or their) Essential Support Personnel from the American Federation of Musicians or Actors Equity



You qualify for a P-2 visa if you are an individual performing artist or member of an entertainment group participating in a temporary exchange program between a Canadian and U.S. organization for artists and entertainers (e.g., the American Federation of Musicians and the Actors Equity Association exchange between Canadian and American chapters). The American Federation of Musicians will be the petitioner, and you should contact the Toronto office for details. Actors Equity will provide the necessary exchange documentation for your presenter to submit. You must submit the following documentation:



1. a copy of the formal reciprocal exchange agreement between the U.S. and Canadian organizations;


2. a statement from your particular U.S. sponsoring organization describing the nature of the exchange;



3. evidence that the appropriate U.S. labor organization was informed or has concurred with the reciprocal exchange of U.S. and Canadian artists (see "Consultation Requirement," below); and


4. evidence that the artists and entertainers subject to the exchange agreement possess comparable skills and that the terms and conditions of employment are similar.



If you are an essential support person for the P-2 performer or group, you must submit documented evidence establishing your "essential role, critical skills and experience" in association with the main performer or group (see the section regarding 0-2 accompanying performers, above).



Note that requests for support personnel visas must be filed on a separate form, but submitted in conjunction with the visa(s) for the main performer(s). A P-2 visa is approved for up to a maximum of one year for a specific performance or tour. Extensions for completing the same activity must be requested on a new I-129 Form and may be approved in one-year increments. Note that the U.S. union may act as the petitioner in P-2 cases.



P-3 Culturally Unique Performers, Performing Groups, Teachers or Coaches and Essential Support Personnel



You qualify for a P-3 visa if you are an individual performing artist or member of an entertainment group coming to perform, teach or coach under a commercial or non-commercial "culturally unique" program. You must submit documented evidence to confirm that you (or your group):




1. have authentic skills in performing, teaching or coaching a unique or traditional art form, as shown by testimonials from recognized experts; or


2. perform culturally unique programs, as shown by published reviews; and


3. will participate only in culturally unique events; and


4. have an appropriate consultation from a labor source.

If you are an essential support person to the P-3 performer or group, you must submit documented evidence establishing your "essential role, critical skills and experience" in association with the main performer or group (see the section regarding 0-2 accompanying performers, above).

Note that essential support visas must be requested separately from visas for the main performer(s) but can be approved only in conjunction with the visas for the main performer(s) A P-3 visa is approved for up to a maximum of one year for a specific performance or tour. Extensions for continuing or completing the same activity must be requested on a new I-129 Form and may be approved in one-year increments.



O-3 and P-4 Accompanying Dependents



The spouse or child accompanying an O-1, O-2, P-1, P-2 or P-3 performing artist or essential support person qualifies for an O-3 or P-4 visa (depending on the related performer's visa classification). Accompanying dependents need only provide evidence of their relationship to the principal performer at the time of application for the artist's status or visa. (If your dependents are not Canadian citizens and require visas to enter the United States, application should be made to the U.S. Embassy or U.S. consulates in Canada.)
The initial O-3 or P-4 approval period corresponds to that of the principal. However, until further notice, extensions must be requested on an I-539 Form (not an I-129 Form) and may be approved in one-year increments, in conjunction with the extension granted to the related performer.



H-2B Musicians to be Employed Within 50 Miles of the Canadian Border



If you are going to perform within 50 miles of the Canada-U.S. border, you have the option of applying under a less stringent visa classification rather than under the various O and P categories. The H-2B classification is intended for temporary workers entering the United States "to engage in non-agricultural employment which is seasonal, intermittent, to meet a peak load or need, or a one-time occurrence."



However, the U.S. Department of Labor made special allowances for Canadian musicians by pre-certifying that qualified persons are unavailable along the Canada-U.S. border, and that the admission of Canadian musicians would not adversely affect the wages and working conditions of Americans who are similarly employed. Just as for the other visa classifications, the petition must be filed by your presenter in the United States using Form I-129 and must be accompanied by documented evidence of your standing as a musician. Your presenter should:

1. complete and clearly indicate on the I-129 Form that you are requesting the H-2B classification;


2. fill out and include the related H supplement; and


3. submit documented evidence (that you should furnish to your presenter) along with your petition outlining your, or your group's, credentials and all other pertinent information (e.g., copy of the contract, itinerary, advertisements, list of band members, etc.).





No consultation is required for this H-2B category.



The H-2B classification is ideal for promising Canadian musicians (including essential support personnel) who wish to showcase their talent in the United States but do not yet qualify for O or P entry. Note, however, that only 66,000 individual H-2B visas are granted per fiscal year, so you should apply as early as possible. Furthermore, H-2B admission is limited to 30 days. If your services are required for a longer period, your employer must file with the U.S. Department of Labor for the required labor certification before filing the petition.

Consultation Requirement
For reasons mentioned earlier, before approving any visa for a foreign performing artist or entertainment group, the USINS consults with American labor unions representing your occupational peers. To fulfill the consultation requirement and speed up the processing time for your visa, your presenter should submit with all O and P visa petitions a written opinion or no-objection letter from the appropriate U.S. union. The only exceptions are as follows:




1. The consultation requirement is waived for O-1 visas if, for the rendering of similar services, you have already submitted a written advisory opinion or if prior consultation has taken place within the last two years.
2. If you are applying for an O-1 or O-2 visa to work on a motion picture or television production, you will need a written advisory opinion from an American labor union and from the Alliance of Motion Picture and Television Producers (AMPTP).
3. If it is established that no such labor union exists, the USINS will render a decision based on the evidence already on record.

In dire emergency only, and one not of your own doing, you might consider requesting the involved USINS Service Center to obtain the necessary labor consultations. The Vermont Service Center may be reached in advance by telephone; the Northern and California Service Centers require you to take your chances by mail. Do not rely on this procedure if at all possible. Remember that leaving the USINS with the task of consulting the union can delay the processing time of your visa. It also limits the control you have over the profile of your application. Obtaining the consultation yourself, in advance, enables you to rebut any negative opinions from the union by providing more favorable opinions from distinguished experts or non-union organizations.

Specific Labor Unions
For instrumental musicians:
American Federation of Musicians
1501 Broadway
Suite 600
New York, NY 10036
Tel.: (212) 869-1330
Fax: (212) 764-6134



American Federation of Musicians of the U.S. and Canada
75 The Donway West
Suite 1010
Don Mills, ON M3C 2E9
Tel.: (416) 391-5161
Fax: (416) 391-5165


For performers in opera, classical concerts, choral concerts, dance and ballet:
The American Guild of Musical Artists (AFL-CIO)
1727 Broadway
New York, NY 10019-5284
Tel.: (212) 265-3687
Fax: (212) 262-9088


For performers and stage managers in live format presentations:
Actors Equity Association
165 West 46th Street
New York, NY 10036
Tel.: (212) 869-8530
Fax: (212) 719-9815


Canadian Actors Equity Association
44 Victoria Street
12th Floor
Toronto, ON M5C 3C4
Tel.: (416) 867-9165
Fax: (416) 867-9246


For performers in the film and audio/visual electronic media:
Alliance of Canadian Cinema, Television & Radio Artists
2239 Yonge Street
Toronto, ON M4S 2B5
Tel.: (416) 489-1311
Fax: (416) 489-1435


Screen Actors Guild
5757 Wilshire Blvd.
Los Angeles, CA 90036
Tel.: (213) 954-1600
Fax: (213) 549-6801


American Federation of Television & Radio Artists
260 Madison Avenue
New York, NY 10016
Tel.: (212) 532-0800
Fax: (212) 532-2242


Screen Actors Guild
1515 Broadway
New York, NY 10036
Tel.: (212) 944-1030
Fax: (212) 944-6774



For directors of cinematography, technical and craft personnel:
Association of Canadian Film Craftspeople
65 Heward Avenue
Suite 105
Toronto, ON M4M 2T5
Tel.: (416) 462-0211
Fax: (416) 462-3248


International Alliance of Theatrical Stage Employees & Moving Picture Machine Operators
1515 Broadway
New York, NY 10036
Tel.: (212) 730-1770
Fax: (212) 921-7699 or
(212) 730-7809


International Alliance of Theatrical Stage Employees & Moving Picture Machine Operators
7715 Sunset Blvd.
Hollywood, CA 90046
Tel.: (213) 876-4770
Fax: (213) 876-0861


International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada
c/o CLC Office
258 Adelaide Street East
Suite 403
Toronto, ON M5A 1N1
Tel.: (416) 362-3569
Fax: (416) 362-3483


International Brotherhood of Electrical Workers
1125 15th Street, N.W. Washington, DC 20005
Tel.: (202) 833-700
Fax: (202) 467-6316


International Brotherhood of Electrical Workers
45 Sheppard Avenue East
Suite 401
Willowdale, ON M2N 5Y1
Tel.: (416) 226-5155
Fax: (416) 226-1492


National Association of Broadcast Employees & Technicians
7101 Wisconsin Avenue
Bethesda, MA 20814



For writers in the film and audio/visual electronic media:
1. ) For productions east of the Mississippi River:
Writers Guild of America-East
555 West 57th Street
Suite 1230
New York, NY 10019
Tel.: (212) 757-7800
Fax: (212) 582-1909


2. ) For productions west of the Mississippi River:
Writers Guild of America-West
8955 Beverly Blvd. West
Hollywood, CA 90048
Tel.: (310) 550-1000
Fax: (310) 550-8185


For management consultations for motion picture and television productions:
Alliance of Motion Picture and Television Producers
15503 Ventura Blvd.
Encino, CA 91436
Tel.: (818) 995-3600
Fax: (818) 382-1793

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Canada to U.S. Corporate Transfer L-1A Visas

Canada to U.S. Corporate Transfer L-1A and L-1B Visas

Corporate Transferees

According to NAFTA, Canadian based companies may transfer managers, executives, and employess with "specialized knowledge" to their New or Existing, U.S. branch office, affiliate, subsidiary or joint venture, for temporary periods. During the period of transfer, the Canadian based company must continue to do business
abroad. This is called the L-1 Intra-Company Transferee temporary work visa. In addition, the Canadian based company must show that each person to be transferred has worked for the Canadian company as a manager, executive or employee with "specialized knowledge", for at least one full year within the preceeding 3 year period. The foreign parent company and the U.S. branch office DO NOT have to be involved in the same line of business. NO U.S. INVESTMENT IS REQUIRED other than the cost of
establishing a U.S. company and initial office space. Our law office is able to assist clients with the incorporation of U.S. companies in any state, and can arrange for adequate initial office space an additional fee. The processing time for the Corporate Transferee Visa is only 2-3 weeks.
The maximum initial period of authorized stay in the United States for an employee transferred to an existing U.S. company is 3 years; and for a newly formed U.S. company 1 year. These visas may be renewed for consequtive temporary periods.

Legal fees for the L-1A and L-1B visas range from $3,000 to $4,000.

Canadian physicians in a speciality practice such as Cosmetic Surgery, or Hair Transplant Surgery, may now open a U.S. branch office without the need of passing the USMLE, or Flex exams. In addition, a U.S. state license is not a pre-requisite for visa issuance.

The new H-1B VISA REFORM ACT OF 2004 has eliminated the practice of L-1 employees being subcontracted to third party businesses, and has changed the law which previously required beneficiaries of L-1 blanket petition to work for only six months abroad before transfer, to require such employees demonstrate one year of continuous employment abroad with the foreign company before transfer.

In addition, all new L-1 Petitions are subject to the a $500 Fraud Prevention Fee, as well as the standard $185 L-1 Petition Fee.

Canadian nationals have the option of either 1. Submitting their L-1 Intra-Company Transferee Petitions at a U.S. Class "A" Port of Entry for immediate processing, or 2. Sending their L-1 Intra-Company Transferee Petition to the appropriate Regional
U.S.A. Immigration Center in the United States for processing.

Multi-National Executive Green Card Petition

Section 203 of the United States Immigration Act provides for the "Multi-National Business Executive" Corporate Transfer GREEN CARD Petition. Pursuant to this section managers or executives of foreign based companies may apply for a U.S.A. Green Card once the U.S. branch office, affiliate, subsidiary or joint venture has been doing business in the U.S. for more than one year. To qualify for this "Multi-National Business Executive" Green Card Petition, both the U.S., and the foreign company must be actively involved in business operations; and the U.S. company must be able to show that it has sufficient earnings to pay the salary of the transferred manager or executive. The normal processing time for this Green Card Petition is only 4-6 months.

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The New Investor Green Card Visa

For US job creation.

The U.S. Immigration Act of 1990 provides for the new Investor Green Card Visa.In order to qualify for permanent residency status based on the investment in aU.S. business, the investor must create at least 10 full time U.S. jobs, andinvest at least $1 million U.S. dollars in the new enterprise. Approvedinvestors receive a conditional Green Card valid for an initial period of twoyears. At the conclusion of this two year conditional period, the investor mustshow that the U.S. enterprise is still operating and employing at least 10 fulltime workers. Once this is shown, the Green Card becomes permanent.Investments of at least $500,000 U.S. dollars may also qualify the investor fora Green Card, provided that the U.S. enterprise is located in a targeted ruralor high unemployment area, and the Investor has created at least 10 full timejobs.

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Treaty Investors E-2 INVESTOR TEMPORARY WORK VISA

Citizens of countries that have a Treaty of Trade and Commerce with theUnited States, may apply for the E-2 Investor temporary work visa. Thisvisa enables the alien to "Develop and Direct" the active US businessenterprise. To qualify, the applicant must make a "Substantial" investmentin an active US business. Investments in real property (for appreciationpotential), and investments in Stocks, and Bonds, are not considered to beactive investments. The amount of investment capital required in order toconsidered "Substantial" is relative to both the total value of the USinvestment enterprise; and the amount of capital generally required toconduct the particular business enterprise. Thus, where the total value ofthe investment enterprise is $100,000, an investment of $75,000 may beconsidered substantial. As a rule of thumb, in cases where the total valueof the investment enterprise is less than $500,000 the investor mustinvest at least an amount equal to 75% of the value of the investmententerprise, for businesses valued at between $500,000 and $1,000,000 theprincipal investor must invest an amount equal to at least 50% of thevalue of the investment enterprise, and for businesses valued at over$1,000,000, the principal investor may invest less than 50% of the valueof the enterprise to qualify for the E-2 visa.

The E-2 visa is valid for one (1) year periods renewable for additionalone year periods indefinitely.

At least 50% of the US investment enterprise must be owned by citizens ofthe E-2 qualifying country.

Managers and Essential personnel from abroad may also qualify for E-2 visastatus. Thus. foreign companies and individuals from qualifying E-2countries may send managers and/or essential personnel to the newlyestablished E-2 enterprise. the nationality of a corporation is determinedby the nationality of the corporate shareholders.

Persons with valid non-immigrant status in the United States may applywithin the US to change their status to that of an E-2. Aliens enteringthe United States under the visa waiver program may not change theirstatus in the US to that of an E-2.

For example, Canadian citizens enter the United States as Tourists, andBusiness Visitors under the Visa Waiver Program; and thus may not apply tochange their status to that of an E-2 while in the United States asvisitors. All E-2 visa applications for Canadians (without valid USnon-immigrant status) must be processed through the US Consulate Generalin Toronto. The normal processing time for the E-2 case through theConsulate in Toronto is between 6 and 8 weeks.

National of the following countries may apply for E-2 status:

Albania, Argentina, Australia, Austria, Bangladesh, Belarus, Belgium,Bosnia, Bulgaria, CANADA, Cameroon, Colombia, Congo, Costa Rica, Croatia,Czech Republic, Egypt, Ethiopia, Finland, France, Germany, Georgia,Honduras, Iran, Ireland, Italy, Japan, Kazakstan, Korea (South),Kyrgystan, Latvia, Liberia, Luxembourg, Jamaica, Macedonia, Mexico,Moldova, Mongolia, Morocco, Netherlands, Norway, Oman, Pakistan, Panama,Philippines, Poland, Trinidad and Tobago, and the Ukraine.

Due to the close proximity of our Ontario branch office, the legal fee tohave our law office prepare and submit an E-2 Visa Application at the USConsulate General in Toronto, Canada is only $3,500 US dollars plus GST,Visa Application Fee ($100 per person), and incidental expenses (Tel, Fax,and Express Mail).

The legal fee to have our law office prepare and submit an E-2 VisaApplication at USConsulates or Embassies abroad (other than in Canada) is only $3,500 USdollars plus, the Application Fee, and incidental expenses.

The legal fee to have our law office prepare and submit an E-2 Change ofStatus Application on behalf of a person with otherwise validnon-immigrant status in the United States is only $2,500 US dollars plus,the application fee, and incidental expenses.

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Treaty Traders

For business travelers.

The expedited business travel provisions of the North American Free TradeAgreement (NAFTA), were modeled after those already in effect under theU.S.-Canada Free Trade Agreement (CFTA) According to Chapter 16 of NAFTA, theU.S., Canada, and Mexico, shall each grant temporary entry to four categoriesof business travelers:

1. Business Visitors,
2. Intra-Company Transferees,
3. Traders and Investors, and
4. Professionals.

1. Business Visitors:

The NAFTA provisions have expanded the scope of permissible business activitiesfor Business Visitors to include the areas of:

1. Research and Design,
2. Growth, Manufacture and Production,
3. Market Research and Analysis,
4. Sales.
5. Distribution,
6. After-Sales Service, and
7. General Services (offered by aliens otherwise classifiable under section101 (a)(15)(H)(i) of the U.S. Immigration Act).

As is the case with the standard B-1 Business Visitor, the NAFTA BusinessVisitor must be coming to the United States to provide services that primarilybenefit the foreign employer, and is required to receive a salary from theforeign employer for services provided in the United States.

To learn more about US to Canada business visas,
see our U.S. Business Visa page.

To learn more about Canada to US immigration,
see our Canadian Immigration page.

For information specific to Canadians, visit the
Canada to U.S. Business Immigration page.

2. Intra-Company Transferees:

Persons who have been employed continuously for at least one year by a Canadianor Mexican employer, as managers, executives or specialists, may obtainauthorization to work for a U.S. based branch office, or subsidiary of theforeign employer for temporary periods of up to 7 years.

3. Traders and Investors:

The NAFTA agreement is considered to be a Treaty of Friendship, Commerce, andNavigation (FCN) for purposes of conferring E-1 Treaty Trader, and E-2 TreatyInvestor status. Thus, nationals of Canada and Mexico may now apply for E-1,or E-2 status.

4. Professionals:

There are 63 professions listed in the NAFTA agreement. Members of theseprofessions may apply for the new TN Professional temporary employmentauthorization. Most professions listed require a bachelor's degree or licensingin the field. Unlike the traditional H-1 Professional work visa, the new TNProfessional visa is exempt from Labor Department approval of either thePrevailing Wage Application, or the Labor Condition Application. In addition,there is no maximum annual number of Canadian nationals that may enter the U.S.under this status. However, NAFTA does impose a maximum annual quota on Mexicannationals using this status at 5,500.

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The Multi-National Business Executive/Manager Green Card Petition

For Managers and Executives of Foreign Companies

Foreign based companies may transfer managers, executives and/or employees with"Specialized Knowledge" to their new or existing U.S. branch offices or subsidiaries, fortemporary periods of up to 7 years. This L-1 Intra-Company Transferee visa isvalid for an initial period of one year (for new U.S. offices), and up to 3years for existing U.S. offices. The U.S. office does not have to be involvedin the same line of business as the foreign parent company; and the foreignparent company must continue to do business abroad while the manager orexecutive is working in the U.S. as an L-1. The processing time for the L-1Intra-Company Transferee visa is approximately three weeks. In addition,foreign companies with exitsting U.S. offices doing business for more than oneyear may apply directly for the Multi-National Business Executive PermanentResidency (Green Card) visa on behalf of managers or executives, to betransfered (or already transfered to) their U.S. offices. A Multi-NationalBusiness Executive petition is exempt from the normally arduous and timeconsuming Labor Certification process. These petitions are generally processedwithin 3-4 months.

Certain investors are also eligible to apply for the Multi-National BusinessExecutive visa. In this case, the foreign company owned by the investortransfers its' president (the investor) to its' affiliate U.S. company relatedby common ownership. Again, the U.S. company must have been doing business forat least one year before it can petition on behlaf of the owner executive forthe Multi-National Business Executive visa.

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Canada to U.S. NAFTA TN-1 Free Trade Professional Work Visas

Nafta TN-1 Free Trade Professional U.S.A. Work Visas For Canadians

Our law office has over fourteen (14) years of experience assisting Canadians with all Free Trade Visa Applications.

NAFTA provides a simplified visa application procedure for Canadian professionals otherwise classifiable in the H-1B category. These professionals may apply for the TN temporary work visa at any Class "A" Port of Entry. The TN visa is valid for one year periods renewable indefinitely. In addition, there is no annual numerical limitation on the number of TN visas issued.

The following is the NAFTA list of professions qualifying for TN status:
Appendix 1603.D.1

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 license.
Computer Systems Analyst Baccalaureate or Licenciatura degree; or Post-Secondary Diploma or Post Secondary Certificate 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 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 Québec)
L.L.B., J.D., L.L.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. Baccalaureate or Licenciatura degree.
Mathematician (including statistician) Baccalaureate or Licenciatura degree.
Range manager/ Range conservationist Baccalaureate or Licenciatura degree.
Research assistant (working in a post-secondary educational institution) Baccalaureate or Licenciatura degree.
Scientific technician/ technologist a theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics. and 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.
Teacher / College or University Baccalaureate or Licenciatura degree.
Teacher / Seminary 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 counselor Baccalaureate or Licenciatura degree.

Medical/Allied Professionals
Dentist D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license.
Dietitian Baccalaureate or Licenciatura degree; or state/provincial license.
Medical laboratory technologist 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., 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
(agronomist)
Baccalaureate or Licenciatura degree.

Animal breeder

Baccalaureate or Licenciatura degree.

Animal scientist

Baccalaureate or Licenciatura degree.
Apiculturist

Baccalaureate or Licenciatura degree.

Astronomer

Baccalaureate or Licenciatura degree.

Biochemist

Baccalaureate or Licenciatura degree.

Biologist

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.

Geneticist Baccalaureate or Licenciatura degree.

Geochemist

Baccalaureate or Licenciatura degree.

Geologist

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.

Soil scientist

Baccalaureate or Licenciatura degree.

Zoologist

Baccalaureate or Licenciatura degree.

All of the above professions require a bachelors degree (unless otherwise provided) in order to qualify for the TN status. Computer Systems Analysts for instance are required to have either a bachelors degree, or a post secondary diploma and 3 years of experience in order to qualify for TN status. Medical Technologists may also qualify with a post secondary diploma, and 3 years of experience.

In order to apply for the TN visa at a Class "A" Port of Entry, the applicant must provide the U.S. Immigration Service with a letter from his/her U.S. or Canadian employer, and proof of his/her professional qualifications.

The legal fee to have our law office prepare all necessary supporting documents for the TN-1 NAFTA professional work visa case ranges from only $1,000 to $2,000 U.S. dollars, plus applicable Canadian taxes.

Our law office provides the following services with respect to each
TN-1 visa application:

1. Preparation of the Company Letter (Job Offer) in Support of the TN-1 visa application.

2. Consultation with a U.S. Immigration Free Trade Officer on behalf of the visa applicant.

3. Preparation of a "G-28" Attorney Representation Form.

This official U.S. government form allows our law office to represent the applicant at a U.S. border post.

Only U.S. licensed lawyers or U.S. citizen representatives may represent a TN-1 visa applicant at a U.S. border post.

Canadian lawyers are NOT PERMITTED to submit "G-28" forms at a U.S. border post; and

4. Preparation of a Law Office Letter in Support.

For more inforamtion about TN-1 NAFTA work visas for Canadians, contact Mark Carmel, Attorney at Law, New York State.

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U.S. EMBASSY OTTAWA NAFTA INFORMATION

Posted by: US Law on Jul 19, 05 | 1:45 am | Profile

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