Does NAFTA still cover cross-border trade in services beyond the TN visa?

NAFTA, which was replaced by USMCA in 2020, has always aimed to facilitate trade and the provision of services among the member countries. In the context of United States immigration, the TN visa is one of the tools provided for professionals who fit certain categories and wish to work temporarily in the country. However, cross-border trade in services encompasses situations beyond the strict scope of this visa classification.

It is important to understand that NAFTA/USMCA has been promoting liberalization across various sectors, not only the entry of professionals into the U.S. labor market through the TN visa. Cross-border trade in services may involve, for example, consulting, technical services, or specific projects in which the professional operates independently or through their own company, without necessarily being bound to a formal employment that requires a TN visa. In such cases, the applicable rules differ from the immigration procedures for workers employed under the TN system.

Each situation should be analyzed individually, considering the nature of the service provided, the duration of the activity in the country, and the contractual relationship between the parties. It is essential to strictly comply with United States immigration laws, seeking updated information and specialized advice before making any decisions or starting procedures. Compliance with regulations is crucial to avoid future complications, and it is also important to be wary of miracle promises of quick or guaranteed results, which are often used in misleading marketing campaigns.

Therefore, although NAFTA/USMCA continues to promote cross-border trade in services, only a portion of those services falls under the TN visa category. Other forms of service provision require specific analyses and possibly the use of different entry categories into the United States. Whenever considering this route, consult reliable sources and experts to ensure all legal obligations are met.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.