No More DACA Deal? TN For Mexico in Crisis!

This morning, President Trump tweeted: “NO MORE DACA DEAL!” and threatened to terminate NAFTA with Mexico if it doesn’t stop people from flowing through Mexico’s Southern Border and then into U.S.

It is unclear if the tweet represents a change on DACA policies.   Although rescinded by President Trump, The Deferred Action for Childhood Arrivals (DACA) program’s cancellation is being partially postponed by court action.  Currently, U.S. Citizenship and Immigration Services (USCIS) is not accepting DACA applications from individuals who had never been previously granted DACA.  The benefits of having an approved DACA are the ability to apply for a work permit and deferred removal actions from the U.S.

The North American Free Trade Agreement (NAFTA) is an agreement of special economic and trade relationships for the United States, Canada and Mexico.  Under NAFTA, eligible Mexican and Canadian citizens may apply for TN classification to perform professional business/work activities in the U.S.  Unlike H-1B Cap Petition, TN is not subject to an annual visa cap.

April 1, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & email to info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law.  Our clients are based nationwide in the U.S. and internationally.  We focus on diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 Adjustment Applications; I-765 work permit; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; other waivers; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID), and others.

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U.S. Work Visas and Options for Nurses

Many foreign nurses in the U.S. have expired or expiring work visa/status since H-1C nonimmigrant visa program for nurses sunset (expired) on December 20, 2009.   Eligible foreign nurses may considered other work visas/status options such as:

1. TN under NAFTA: Registered nurses from Canada or Mexico may consider utilizing TN work status.
2. H-1B: Certain nurses from Canada, Mexico and other countries may also consider H-1B.  Depending on the type of employer-sponsor, new H-1B petitions are subject to the annual visa quota.    H-1B applies to positions requiring at least a baccalaureate/bachelor’s degree.   Nurses who may qualify for H-1B status include advanced practice nurse such as Clinical Nurse Specialists (CNS); Nurse Practitioners (NP); Certified Registered Nurse Anesthetists (CRNA), and Certified Nurse-Midwives (CNM)), nurse managers, and nursing administrators.   For more information on H-1B visa quota, please visit:  https://immigrationresource.net/quota-for-h-1b-cap-work-visas-has-been-reached-for-fy2013-june-12-2012/  .  Nurses holding H-1B status may also consider employment green card and/or family green card.

July 13, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver and PERM.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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