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Immigration Law The Ins and Outs of Trade NAFTA status in the United States By Heather Michelin he North American Free Trade Act under the age of 21 may accompa- T(NAFTA) allows citizens of Canada ny the principal TN holder, and they and citizens of Mexico who are profes- are each eligible to apply for Trade sionals to apply for Trade NAFTA status, Dependant (TD) status which allows them commonly known as TN status, to work to join the principal TN holder in the in the United States. Once granted, TN United States.Among other required doc- his final departure from the United status allows the individual to work in uments, applicants for TD status should States and will no longer be using the the United States in a profession that is bring the marriage certificate and chil- TN or TD status? mentioned on the NAFTA list (found at dren’s birth certificates when applying for WhenTN status orTD status are issued Appendix 1603.D.1 of the NAFTA) in a TD status.Individuals inTD status may not to Canadian citizens, they are issued a pre-arranged full-time or part-time job work in the United States, however they Form I-94Arrival/Departure Record card for a United States employer, provided may attend school. Individuals who are in by CBP. The bottom section of the card that the applicant holds the requisite TD status and who travel in and out of the is the Departure Record and is normally qualifications of the profession and that it United States in TD status should carry stapled inside the applicant’s passport as is not for self-employment. Many of the with them evidence of the principal TN evidence of hisTN status,and the card also listed NAFTA professions require a bach- holder’s valid TN status. notes the permitted duration of stay. The elor degree, however some do not. The card must be returned to U.S. officials application procedures for Canadian citi- 3. If a person’s TN employment in the upon exiting the United States.There are zens and for Mexican citizens differ. United States is terminated, is there several ways this can be accomplished: the Canadians applying for TN status may a grace period during which the per- card can be surrendered to the commercial present their TN application documenta- son may remain in the United States? transportation carrier if departing by sea tion to the United States Customs and Unfortunately, there is no grace period or air, or to a Canadian Border Services Border Protection office (CBP) at a Class for an individual whose TN status has official if entering Canada, or to a CBP A Port of Entry land border, or at a CBP been terminated, and he should depart official if entering Mexico.The commer- preclearance office at the international the United States on his last day of pro- cial transportation carrier and Canadian airports in Calgary, Edmonton, Halifax, ductive employment unless a new TN Border Services officials normally turn Montreal, Ottawa, Toronto, Vancouver, application has been filed on his behalf the cards over to the CBP. A TN or TD and Winnipeg. or the employee has filed an application holder who forgets to surrender their Below are some frequently asked ques- to change his status to another non- Form I-94 card should immediately con- tions and answers with regard to TN sta- immigrant classification prior to the last tact CBP or an immigration lawyer for tus for Canadian citizens: day of productive employment. instructions on where to return the card Employers should take this into consider- by mail, and what evidence should be sent 1. How long is TN status valid? ation when layoffs or employee termination with it as proof that the individual depart- TN status can be obtained for up to are imminent, and should obtain advice ed in a timely manner. three years at a time. from immigration counsel prior to the 2. Can the family members of a person effective date of the layoff or termination. 5. Can a person hold TN status for in valid TN status accompany him to 4. How should an individual in TN multiple employers? the U.S.? status or a dependant in TD inform A person can hold TN status for multi- ISTOCKPHOTO The spouse and unmarried children the U.S. authorities that he has made ple employers, provided that he applies for 14 CCCA Canadian Corporate Counsel Association FALL 2011