USCIS NAFTA Visas

The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA).

A citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that the profession is on the NAFTA list, that the alien possesses the specific criteria for that profession and that the prospective position requires someone in that professional capacity and the alien is going to work for a U.S. employer.

The requirements for Canadians and Mexicans wishing to enter under this classification are not the same. (See Nafta Handbook)

Applications for extension of stay are processed by the U.S. Citizenship and US immigration Services. Canadian citizens have two options. First, they may have their employer file an I-129 form at the closest regional USCIS office. This option does not require leaving the U.S. Second, Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application.

Mexican citizens must have their employers renew their labor certification and file another I-129 with their regional INS office in order to extend their stay.

The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrant.