Mobility under NAFTA

[RDK]

Does anyone have any experience in working across the Canada/US border under the terms of North American Free Trade Agreement (NAFTA)?

I read the information as saying that it should be very easy for a professional (not only engineers but a large number of other professions)to work in the other country (actually between Canada US and Mexico). All that is stated to be required is proof of professional status and a letter from your employer stating that you will be working in the other country and for some reason saying the salary.

I have asked US Immigration people a couple of times and gotten vastly different responses. Some say that with the documents in order everything would be almost automatic and some were downright hostile as in how dare I come to their country and take a US citizen’s job away. I would have to prove that there was no US citizen available and qualified. Usually I get a more favourable response from Immigration officials at larger border crossings.


Also under NAFTA there is a requirement that the professional registration be simplified provided that certain experience and educational requirements are met. Does anyone know what, if any jurisdictions, will issue me a PE based solely on my being a P.Eng for over 20 years and a graduate of an accredited university?



Rick Kitson MBA P.Eng

Construction Project Management
From conception to completion

http://www.kitsonengineering.com

 

[TD2K]

Rick, I'm working in the US and just got my green card after working for several years on a TN visa.

You are supposed to be able to show up at the border with your offer letter from the US company, proof that you meet the NAFTA requirements (your degree showing graduation from a Canadian University in Engineering) and get a TN visa on the spot.

That said, your best chances are showing up at a border crossing with a NAFTA free trade officer and talk to them. That person is additionally trained in the requirements and it's a slam dunk if you have all the documentation. If you pick a run of the mill INS officer, you can have problems since they don't know what is required or will tell you that you need something extra. The INS, in my experience, is famous for 'intrepretating' what they they think should be required (or what they want to be required) and what you can be told by one officer is different from what another officer will tell you, or what is written down neither of which will consider the other viewpoint in their review.

Engineering seems not so suspectible to this. My wife is a nurse and had a lot more problems for some reason with 'new' requirements being verbally told to her each time even when she had printouts of the TN requirements from US government websites. In all fairness to the INS, I think some of this is lack of training and a bewildering range of regulations on a myriad of subjects, just try to keep all that straight.

You do NOT need to prove that there are no US citizens available. That is a requirment for labour certificaton for green card status (permanent residence) and maybe for H type work visas. For a TN visa, you simply need to have a letter from a US company offering you a job and stating the terms, $$, benefits, etc (some border crossings also have their own take on what is required to be in this letter) in addition to the proof you meet the requirements under NAFTA.

You can not get a TN visa without a job letter and then look for work. You aren't even supposed to enter the US as a 'visitor' and then go looking for work though that happens. My recommendation is to stay squeecky clean, the INS holds all the cards and pretty much sets the rules and they have big clubs if they want to use them.

I'm not sure if any state will give you a PE licence based on your P.Eng. There is talk about reciprocity between Canada and the US but the two licenses in terms of what it takes to get them are quite different. A P.Eng, if you graduate from an accredited university, is pretty much a slam dunk. That's not the case for a PE.

If you want to chat more about this Rick, drop me a line at testdog2000@yahoo.com and I'll be happy to give you a phone number you can call me at.

 

[TD2K]

http://travel.state.gov/tn_visas.html

 

[TheTick]

I think you're on to something with the larger border crossings. I noticed a big difference in attitudes when crossing at International Falls or Soo on vacation versus crossing at Detroit/Windsor on business. The folks in Windsor never once asked me about fish.

Basically, I perceive the larger crossings to be more professional in their conduct (translation: fewer rednecks).

BTW I am U.S. citizen, though I have family throughout Canada. I found mentioning this fact makes the crossings go more smoothly

There's no double-lock defense; there's no chain on my door.
And I'm available for consultation,
but remember your way in is also my way out

 

[RDK]

Most of the times I have crossed the border have been at the smaller crossings. I spent two years working in Fort Frances, just across the river from International Falls. Just to get to work on Monday involved two crossings, same to go home on Fridays. Most of the good dining out was in International Falls as was the local movie house.

I don’t know if the smaller crossings are reader of neck than the larger ones, it might just be that they have more time for each car since there are less of them. Their traffic is often more local and known to them. One thing that I did notice after a couple of months of regular crossings was that the different customs agents would recognize me and often pass me with only one or two questions.

I once crossed into International Falls with three passengers. All four of us were Canadians, I was the only native born. My passengers were originally from Romania, Hong Kong and the Philippines. All had strong accents and we were passed with no problem. (That was pre Sept 11)

If applying for a TN visa I would go to a larger crossing, simply because they would be more familiar with the procedure there and more comfortable with issuing one on the spot.

TheTick

Did you ever try the roast beef at The Spot in International Falls?



Rick Kitson MBA P.Eng

Construction Project Management
From conception to completion

http://www.kitsonengineering.com