Crossing Borders Seamlessly Immigration rules and regulations can be frustrating, confusing, stressful, inefficient and always changing. For nearly 20 years, Evelyn Ackah has been focused exclusively on cross-border immigration law. Her goal is to simplify and expedite the immigration process and help open doors to new opportunities. This presentation will provide you with an overview of U.S. immigration options for employment or consulting opportunities for Engineers, Geoscientists and Engineering Technicians/Technologists. QUESTIONS? Evelyn L. Ackah, Managing Lawyer Ackah Business Immigration Law (403) 452-9515 ext. 100 evelyn@ackahlaw.com

2. NAFTA REQUIREMENTS FOR
WORKING IN THE U.S.
Evelyn L. Ackah, Managing Lawyer
September 27, 2016

3. Presentation Overview:
I.Introduction
II.Using NAFTA
III.NAFTA Engineer
IV.NAFTA Geologist/Geoscientist
V.NAFTA Engineering Technician/Technologist
VI.NAFTA Management Consultant
VII.NAFTA Intra-Company Categories
VIII.Practical Pointers
3

4. PART I
4

5. PART I
INTRODUCTION
5

6. Introduction
Crossing Borders Seamlessly
•Immigration rules and regulations can be frustrating,
confusing, stressful, inefficient and always changing
•For nearly 20 years, Evelyn Ackah has been focused
exclusively on cross-border immigration law
•Her goal is to simplify and expedite the immigration
process and help open doors to new opportunities
6

7. Introduction
Crossing Borders Seamlessly
•The current economic climate in Alberta is leading
us all to look to the United States for new
opportunities until things turnaround
•This presentation will provide you with an overview
of U.S. immigration options for employment or
consulting opportunities for Engineers, Geoscientists
and Engineering Technicians/Technologists
7

8. Using NAFTA
• The North American Free Trade Agreement was
established in 1994 to support economic and trade
relationships between the U.S., Canada and Mexico
• As part of NAFTA, a special nonimmigrant classification
was created – the TN Visa
• The TN Visa permits qualified Canadian and Mexican
nationals to seek temporary employment in the U.S.
• You must be a citizen of Canada or Mexico to qualify
for a TN – you cannot be a Permanent Resident
8

9. Using NAFTA
• NAFTA is the preferred method to facilitate
cross-border movement between Canada and
the U.S.
• Used for temporary entry – not permanent
• Three main NAFTA categories:
1) business visitors
2) professionals
3) intra-company transferees
9

10. USING NAFTA
NAFTA: Business Visitors/B-1 Visa
•Intended for short-term entry – business
meetings, training, sales activity, job search
activities, interviews
•Cannot be engaged in “work” activity
•Can enter the U.S. as a B-1 Business Visitor for a
max 6 month period
10

11. USING NAFTA
NAFTA: Business Visitors/B-1 Visa
•Must ensure business visitor is prepped before attending
at port of entry for successful entry
•Ideally you should always have a letter that confirms the
reason for your cross-border business travel – to support
your verbal submission (i.e. a letter or email inviting you for
an interview or meeting in the U.S.)
•The most important thing when dealing with cross-border
business travel is knowing what to say and what not to
say
•Must not say “work” if entering as a business visitor –
that is a four letter word!
11

12. USING NAFTA
NAFTA: Professionals/TN Visa
•Three year work permits – renewable indefinitely so long as
you can continue to prove no immigrant intention
•Must meet educational or experience criteria
•Must be exercising the skills of the profession
•Must have an offer or contract
•NAFTA lists 66+ professions including engineer, geoscientist,
scientific technician/technologist
•“Manager”, or “Director” are not eligible positions
12

13. USING NAFTA
TN VISA DEFINITIONS
Canadian Bachelor’s Degree
•A Canadian three-year bachelor’s degree program satisfies
the degree requirement; the important element is the
requisite degree and not the length of the course of study
Post-Secondary Diplomas and Certificates
•defined as a credential issued, on completion of two or
more years of post secondary education, by an accredited
academic institution in Canada, the U.S. or Mexico
13

14. USING NAFTA
NAFTA: Professionals/TN Visa
•TN Visas are not dual intent – meaning very difficult to move
to Green Card status (not easy but possible)
•There are ways to move from TN to H1B Visa (which is a dual
intent Visa category) and then to Green Card
•There is no limit on the number of TN Visas issued annually –
different from the H-1B Visa
14

15. USING NAFTA
NAFTA: Professionals/TN Visa
•To qualify for TN status, the intended U.S. activity must be in a
profession listed in Appendix 1603.D.1 of NAFTA and you must
posses the necessary credentials to be considered a professional
•You must actually perform professional-level activities in the U.S.
•Almost all of the professions listed require a Bachelor’s degree or
higher
•Only Bachelor degree exceptions: Management Consultant,
Scientific Technician/Technologist, Technical Publications
Writer, Medical Laboratory Technologist
15

16. PART III
NAFTA ENGINEER
16

17. PART III
17

18. NAFTA ENGINEER
• All different Engineering positions qualify: Civil, Petroleum,
Mechanical, Environmental – even Software Engineer
• NAFTA doesn’t specify any specialties within the field of
engineering – therefore all engineering specialties qualify
• Must have the requisite bachelor’s/licenciatura degree in
engineering or a state/provincial license – does not state
you must be a member of a professional association
like APEGA in the U.S.
• No experience is necessary – can qualify for a TN as soon
as you graduate with a Bachelor’s degree
18

19. NAFTA ENGINEER
• Most successful TN Engineer Visa applications possess a
Bachelor’s degree in either Science – with a specialization in
some aspect of Engineering or they possess a Bachelor’s
degree in Engineering
• The TN provisions state that “the alien must posses the
necessary credentials to be considered a professional in one of
the listed fields”
• It’s a hard case to make that someone with a Bachelor of Arts
degree in Sociology or Political Science or Communications can
work as an Engineer – not likely
• We have made the case in the past for some other categories
(i.e. Hotel Manager, Economist, Interior Designer) and were
successful – even if the degree was not relevant
19

20. NAFTA ENGINEER
• It’s important to understand that for the TN, you only need
to have a Bachelor’s degree – it does not state that you
must be P.Eng – so you need to be aware of this distinction
• This means that you could get a job in the U.S. as an
Engineer, but you may still need to qualify under the State
engineering regulations – in the meantime, your U.S.
employer may choose to have someone else in the
organization sign off on your work – but this has no bearing
on your qualifications as a TN Visa holder
20

21. PART IV
21

22. PART IV
NAFTA GEOLOGIST/GEOSCIENTIST
22

23. NAFTA GEOLOGIST/GEOSCIENTIST
• Geologists must have a Bachelor’s/licenciatura degree or
a state/provincial license
• All different types of Geologists/Geoscientists can qualify
• Does not state you must be a member of a
professional association like APEGA in the U.S.
• No experience is necessary – can qualify for a TN as
soon as you graduate with a Bachelor’s degree in
Geology
23

24. PART V
NAFTA ENGINEERING
TECHNICIAN/TECHNOLOGIST
24

25. NAFTA ENGINEERING
TECHNICIAN/TECHNOLOGIST
• Does not require a Bachelor’s degree
• Must work in direct support of professionals in the
following disciplines:
– Chemistry, engineering, geology, geophysics, meteorology,
physics, astronomy, agricultural sciences, biology or forestry
• Must possess theoretical knowledge of the discipline
• Must possess ability to solve practical problems in the
discipline or the ability to apply principles of the discipline
to basic or applied research such as science research
and/or development, and/or scientific observations and
calculations
25

26. NAFTA ENGINEERING
TECHNICIAN/TECHNOLOGIST
•Must work in direct support of professionals
•To meet this requirement, we usually include in the TN
application - the resume, job description, copy of degree and
copy of Canadian passport of the degreed professional that
the Technician/Technologist will be supporting
•Degreed professionals and Technician/Technologist do not
have to be working together – it can be an arms-length
working relationship – or even cross-border
26

27. NAFTA ENGINEERING
TECHNICIAN/TECHNOLOGIST
•Most Engineering Technicians/Technologists have a 2 year
Diploma or Certificate
•As well as several years of experience in the profession
•Sometimes we have obtained TNs for
Technician/Technologists without a 2 year Diploma or
Certificate based on work experience and on-the-job
training equalized by an assessment organization so that it
considers the experience equal to a 2 year Diploma or
Certificate and we present the report
•It is very discretionary and often depends on the officer
reviewing the application
27

28. NAFTA TN VISA
U.S. COMPANY REQUIREMENTS
•Must have an open position or consulting engagement in the U.S.
•Must be engaged in business
•Must require a NAFTA professional
•Position may be either full-time or part-time
CANDIDATE REQUIREMENTS
•Canadian or Mexican citizenship
•Must have requisite qualifications (baccalaureate or
licenciatura degree; or state/provincial license)
•The position requires a NAFTA professional
28

29. NAFTA TN VISA
Application Documents
•Valid Canadian or Mexican Passport
•Original Employer Support Letter or Original Job Offer Letter
•Original Legal Submission letter – highly recommended as it outlines
the relevant law and why you qualify
•Original Degree (even if framed – bring it!)
•University transcripts if available
•Resume or Curriculum Vitae
•Education evaluation, if educated outside of Mexico, Canada or U.S.
•Experience letters from past employers (for those TN categories that
require proof of experience instead of a Bachelor’s degree)
•Filing fee of USD $50
29

30. NAFTA TN VISA
Application Process
•Canadian Citizens may apply at Customs and Border
Protection-designated U.S. port of entry (airport or border
crossing)
•Mexican Citizens cannot apply at CBP – they must apply
via the U.S. Consulate in Mexico
•It is so important that you choose the right port of entry –
avoid Coutts/Montana border crossing at all costs!!
•Important to speak with an experienced professional before
you apply – it’s much harder to fix a refusal or a mistake
than to do it right the first time
30

31. NAFTA TN VISA
• Ensure Employer Support Letter satisfies
NAFTA requirements
– Lists TN category applying under
– Provides description of employer
– Describes eligibility for the TN category
– Provides compensation for proposed engagement
– Provides a description of job duties
– Lists length or period of proposed engagement
• Determine any special POE instructions
• Have employer available for phone call at the
time you submit the application
31

32. NAFTA TN VISA
TD Visa
•For accompanying dependent family members –
spouses (must be married)
•For unmarried minor children 18 and under
•Provide a marriage certificate and birth
certificates
•TD Visa doesn’t allow for employment
•TD Visa does allow for attending school
32

33. ENGINEERS, GEOLOGISTS AND
TECHNICIANS ON THE MOVE!
33

34. PART VI
NAFTA MANAGEMENT
CONSULTANT
34

35. NAFTA MANAGEMENT CONSULTANT
• Must have a Bachelor’s degree, licenciatura
degree or five years experience in consulting or
related field
• Management consultants provide services which
are directed toward improving the managerial,
operating and economic performance of public
and private entities by analyzing and resolving
strategic and operating problems and thereby
improving the entity’s goals, objectives, policies,
strategies, administration, organization and
operation
• Arm’s length versus Employee
35

36. NAFTA MANAGEMENT CONSULTANT
• Management Consultants are usually independent
contractors or employees of consulting firms under
contract to U.S. entities
• Depending upon what the professional will actually do at
the company AND if the company can demonstrate that
the TN applicant will not act as an employee
• Sometimes helpful to have 3 to 5 Original Reference
letters attesting to your expertise if you do not have a
Bachelor’s degree
36

37. NAFTA MANAGEMENT CONSULTANT
Application Documents Required
•All the same documents as outlined above as well
as:
– Signed Original Consulting Agreement with U.S.
company
– The engagement should be temporary in nature
(under three years), however the status may
theoretically be renewed each term without limit
– The applicant must meet the minimum requirements
for their position, as listed on the NAFTA Professions
list
– Must be paid per hour, per day, per week as a
Consultant – generally not on payroll
37

38. PART VII
NAFTA INTRA-COMPANY
TRANSFER
38

39. NAFTA INTRA-COMPANY TRANSFER L-1A
Executives must:
• Direct the management or major component or
function of the organization
• Establish goals and policies of the organization,
component or function
• Exercise wide latitude and discretionary decision
making
• Receive only general supervision or direction
from higher level executives, the board of
directors, or stockholders of the organization
39

40. NAFTA INTRA-COMPANY TRANSFER/L-1A
Managers must:
• Manage the organization, department or function
• Supervise and control the work of managers,
supervisors or professional employees
• Possess authority to hire and fire, or recommend
these and other personnel actions
• Function at a senior level within the organization
hierarchy
• Exercise discretion over the day to day
operations or function for which the employee
has the authority
40

41. NAFTA INTRA-COMPANY TRANSFER L-1A
Functional managers must:
• Manage essential function in the company, but not
necessarily manage staff
• Provide indispensable or important service to achieving
organizational goals
• Provide coordination and guidance to other managers,
responsibility over assets or sales and direct the work of
subcontracted firms
• Junior management positions are excluded. A first line
supervisor is not considered to be acting in a managerial
capacity unless the employees who are being supervised
are professionals
41

42. NAFTA INTRA-COMPANY TRANSFER L-1B
Specialized knowledge workers must:
• Possess knowledge that is valuable to the employer’s
competitiveness in the market place and that is acquired
through extensive prior experience with the employer
• Be uniquely qualified to contribute to the Canadian
employer’s knowledge of foreign operating conditions
• Be viewed as a key employee abroad and have worked
on significant assignments which have enhanced the
employer’s productivity, competitiveness, image, or
financial position
42

43. NAFTA INTRA-COMPANY TRANSFER
• If a corporate transaction occurs that affects the
relationship between the two entities involved in the
transfer, there could be significant implications for
eligibility under this L1 category
• If a corporate reorganization occurs, the intra-company
relationship could be lost and the L1 visa holder could
lose his/her status
43

44. NAFTA INTRA-COMPANY TRANSFER
L-2 Visa
•For accompanying dependent spouses (must be married)
and children 18 and under
•L-2 allows the spouse to qualify to apply for an
Employment Authorization Document (EAD)
•It takes approximately 3 months to obtain, but once
received, will allow spouse to work for any employer in the
U.S.
•Accompanying children cannot obtain EAD – cannot work
under L-2 Visa category
44

45. PART VIII
PRACTICAL POINTERS
45

46. Practical Pointers
Before Submitting Immigration Applications:
• Be proactive and consider immigration issues early
• Properly assess person and purpose of entry and then
develop appropriate immigration strategy and supporting
documents (legal counsel can assist)
• Consider whether mail-in application more prudent
versus Port of Entry application
• Choose best Port of Entry (legal counsel can assist)
46

47. Practical Pointers
Watch out for:
•Ineligibility due to criminal convictions or prior
refusals
•Ineligibility due to medical inadmissibility
•Entry visa requirements
•Immigration medical requirements
•Accompanying dependants
•Changes in laws, policies or procedures
47

48. Practical Pointers
At the Border:
• Educate the person crossing the border
• Know the purpose of entry and your itinerary
• Always be courteous with immigration officers –
they have a lot of power and discretion
• Always be honest – this avoids potential
misrepresentations
48

49. Practical Pointers
At the Border:
•Always travel with proper supporting
documentation and package (this includes
Business Visitors)
•Try to travel during regular business hours during
the week – never travel on holidays
•Never insist on entry if problems occur - withdraw
the application, this is better than a refusal
49

50. NAFTA CROSS-BORDER ACTIVITY
• NEXUSPASS
– Highly recommend obtaining Nexuspass to facilitate
business travel to Canada – even if just a few times
a year – less scrutiny
– NEXUS is designed to expedite the border clearance
process for low-risk, pre-approved travelers
– Again, must be a U.S. or Canadian citizen and not a
Canadian PR or U.S. Green Card holder to qualify
– For the initial TN Visa application, you cannot go
through the NEXUSPASS Line – only after you
obtain your Visa
50

51. ACKAH BUSINESS IMMIGRATION LAW
We provide the following cross-border immigration law
services:
•Temporary Status – Work Permits (TN, L1, H1B, E Visa),
Study Permits, Visitor Visas, LMIAs, Intra-company
transfers, NAFTA (Professional), GATS, Spousal Work
Permits, Criminal Rehabilitation, Restoration of Status,
NAFTA Work Permits
•Permanent Status – Express Entry PR, Live in Caregiver
PR, Provincial Nominee Program, Canadian Citizenship, US
Green Card and US Citizenship
51

52. THANK YOU!
QUESTIONS?
Evelyn L. Ackah, Managing Lawyer
Ackah Business Immigration Law
(403) 452-9515 ext. 100
evelyn@ackahlaw.com