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The North American Free Trade Agreement established the NAFTA
Professional — or TN — visa in 1994. Buried in the 1,708-page
document, the provision received little attention at the time;
indeed, some experts complained that the agreement had ignored
the issue of migration, particularly between Mexico and the
United States.
TN status is granted in one-year, renewable
increments to high-skilled workers from Canada and Mexico who
are in eligible occupations and have U.S. job offers. The visas
are especially attractive to workers and employers because they
can be extended repeatedly and have simple entry requirements,
low fees and, most strikingly, no annual quotas limiting the
number of workers who can be admitted. Moreover, they don’t
require filing applications by mail with U.S. Citizenship and
Immigration Services.
In contrast, most other major job-based
visa programs for high-skilled foreigners, such as H-1Bs and
employment-based green cards, have costly requirements, fixed
limits on the number of workers allowed into the U.S., and
processing delays that add months or even years to the wait.
The TN visas’ flexibility allows them to
serve a vital economic function by permitting free and timely
movement of skilled workers into areas with growing demand. In
light of the limitations and failures of other visa programs,
the TN’s combination of market-based efficiency and minimal red
tape makes it a potential model for a type of guest-worker plan
and a stepping stone toward a common NAFTA labor market.
Because the TN visa program applies only to skilled employees,
it can’t be used by the largest group of NAFTA workers seeking
entry to the U.S. — low-skilled migrants from Mexico. Even so,
three developments have given the TN visa program increasing
importance: growth in U.S. demand for high-skilled workers,
shortages of H-1Bs and other employment-based visas, and the TN
program’s user-friendly procedures.
...Continued
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