Hiring Professionals Under NAFTA

by David Etherington, Donna Lea Hawley

Overview

Although much information is available about the trade provisions of NAFTA, little has been written on its provisions governing the international transfer of labor. For multinationals to remain competitive in the world market, they not only must access international markets for their products, but also the labor force to help them provide products. This book is a review of the immigration provisions of NAFTA and a step-by-step guide to help corporate management utilize them in their hiring practices. It also provides a reference source for legal material not easily found elsewhere, a description of the laws and the procedures they govern, a detailed description of how to complete INS forms, and checklists and suggestions to help do so. A unique guide for human resource executives and for their colleagues in the academic community interested in international business practices.

Part I provides a brief overview of the standard immigration provisions that relate to all NAFTA visas. Part II discusses the legal requirements for business persons, treaty traders and investors, and intracompany transferees who enter the United States to conduct business. Part III describes in detail how the United States businesses can hire Canadian and Mexican professionals. Step-by-step descriptions note important differences in the procedures for professionals from Canada and Mexico. The authors describe what professionals qualify, how to complete INS form, obtain TN status for professional employees, apply for extensions, and change or end employment. One chapter is devoted to issues relating to the professional's family. Part IV discusses supplementary issues of the effect of strikes, employer legal obligations, and obtaining permanent residence. The Appendixes include the full text of chapter 16 of NAFTA, relevant laws, INS forms, and checklists and addresses that businesses will find useful for preparing and filing INS petitions.

Product Details

ISBN-13:	9781567201307
Publisher:	Bloomsbury Academic
Publication date:	05/21/1998
Pages:	208
Product dimensions:	6.00(w) x 9.00(h) x 0.62(d)
Lexile:	1520L (what's this?)

About the Author

DAVID B. ETHERINGTON, a shareholder in the Gainesville, Florida law firm of Etherington & Chambliss, P.A., has practiced immigration law since 1990 and is a member of the American Immigration Lawyers Association (AILA). Before relocating to Florida, he maintained a law office in the Republic of China, where he provided immigration counsel to Chinese multinational companies and served on the faculty of Tunghai University in Taichung. He is a frequent speaker and writer on immigration law matters.

DONNA LEA HAWLEY is the author of a number of legal texts and articles in Canada and the United States. She has taught at Simon Fraser University and the University of Lethbridge. She earned her law degree in 1976 and a Masters degree in anthropology of law in 1985 from the University of Alberta. She is now with the law office of Etherington & Chambliss, P.A. in Gainesville, Florida.

Table of Contents

Preface
Abbreviations
Introduction
Business Persons Under Nafta
Business Persons
Traders and Investors
Intracompany Transferees
Professionals
Categories of Professionals Permitted under NAFTA
Procedures for Admission to the United States
Extension of Stay
Changing or Adding Employers
Changing and Ending Employment
Professional's Spouse and Unmarried Minor Children
Supplementary Issues
Effect of a Strike
Changing the NAFTA Employee's Status to Permanent Resident
Employer Obligations for Employment Eligibility
Appendixes
Appendix A: North American Free Trade Agreement, Chapter Sixteen, Entry for Business Persons
Appendix B: North American Free Trade Agreement Implementation Act
Appendix C: Immigration and Naturalization Act
Appendix D: Section 307, the United States-Canada Free-Trade Agreement
Appendix E: Documents Recommended to Support a Petition for L-1 Intracompany Transferee
Appendix F: List of INS Service Center Addresses
Appendix G: Translation of Documents into English
Appendix H: Credential Evaluation
Appendix I: Information Required by the Employer to Complete INS Form I-129
Appendix J: INS Forms
Glossary
References
Index

Editorial Reviews

An exploration of the NAFTA provisions and national laws that permit citizen businesspeople from any of the three member nations to temporarily work in either of the other two countries. The authors look at intracompany transferees, treaty traders and investors, the categories of professionals permitted under NAFTA, and employer obligations for employment eligibility. Several appendices cover the relevant NAFTA chapter, information about INS policies, documents recommended to support a petition for intracompany transferees, and the INS forms themselves. Annotation c. by Book News, Inc., Portland, Or.

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