Hiring Professionals Under Nafta

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 ...

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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.

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Editorial Reviews

Booknews
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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Product Details

  • ISBN-13: 9781567201307
  • Publisher: ABC-CLIO, Incorporated
  • Publication date: 5/30/1998
  • Pages: 210
  • Lexile: 1520L (what's this?)
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.63 (d)

Meet 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).

DONNA LEA HAWLEY is the author of a number of legal texts and articles in Canada and the United States.

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Table of Contents

Preface
Abbreviations
I Introduction 1
1 Introduction 3
II Business Persons under NAFTA 11
2 Business Visitors 13
3 Treaty Traders and Treaty Investors 22
4 Intracompany Transferees 38
III Professionals 51
5 Categories of Professionals Permitted under NAFTA 53
6 Procedures for Admission to the United States 83
7 Extension of Stay 92
8 Changing or Adding Employers 101
9 Changing and Ending Employment 112
10 Professional's Spouse and Unmarried Minor Children 115
IV Supplementary Issues 123
11 Effect of a Strike 125
12 Changing the NAFTA Employee's Status to Permanent Resident 128
13 Employer Obligations for Employment Eligibility 139
Appendixes 147
A North American Free Trade Agreement, Chapter Sixteen, Temporary Entry for Business Persons 149
B North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057, December 8, 1993) 161
C Immigration and Naturalization Act 164
D Section 307, The United States-Canada Free-Trade Agreement Implementation Act of 1988 (Pub. L. 100-449, 102 Stat. 1876, September 28, 1988) 166
E Documents Recommended to Support a Petition for L-1 Intracompany Transferee 167
F List of INS Service Center Addresses 171
G Translation of Documents into English 173
H Credential Evaluation 174
I Information Required by the Employer to Complete INS Form I-129 176
J INS Forms 178
Glossary 189
References 191
Index 193
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