<

Treaty Traders

For business travelers.

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 permissible 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.

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 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. However, NAFTA does impose a maximum annual quota on Mexican nationals using this status at 5,500.


[top]