DOS Cable on NAFTA Implementation

The purpose of this cable is to provide information from the Department of State regarding NAFTA Visa Issuance:

The Department of State (DOS) advises that posts are instructed to begin issuing NAFTA-related nonimmigrant visas (NIV) in the following manner:

1. E-1, E-2, L, and B-1 NIVs -- Post will continue to issue NIV for treaty traders and investors, intracompany transferees, and business visitors in accordance with existing procedures. NAFTA legislation enables Mexican citizens to seek classification as E-1/E-2 for the first time. Canadian citizens are repeat are required to obtain an E-1/E-2 NIV for admission to the United States.

2. TN Professional NIVs and to TD dependent NIVs -- DOS advises that necessary software changes will not be completed for approximately six months to enable posts equipped to issue machine readable visas (MRVs) the capability to issue TN or TD NIVs. In the meanwhile, MRV posts will issue N-8 NIVs to qualified Mexican or Canadian applicants for TN status and N-9 NIVs to qualified applicants seeking TD classification. DOS has instructed MRV posts to annotate the N-8 and N-9 NIVs with the following: "Admit NAFTA TN by N-8" or "Admit NAFTA TD by N- 9."a N-8 and N-9 NIVs for NAFTA applicants will be annotated further with the NAFTA occupation of the TN and, in the case of Mexican TN applicants, the receipt number of the approved petition from the Northern Service Center. Note that posts may still use the N-8 and N-9 classification for their original purpose to designate dependents of SK special immigrants. INS officers will be able to distinguish between the two uses of the classification by the annotation. DOS further advises that posts equipped to issue Burroughs NIVs will insert the TN or TD classification symbol on the NIV and annotate with the NAFTA occupation and, in the case of a Mexican TN applicant, receipt number of the approved petition.

3. For your ready reference, DOS provides the NIV issuing capabilities of posts located in Canada and Mexico. This listing is subject to change:

Canadian posts Montreal and Toronto are MRV posts.

Vancouver, Calgary, Ottawa, Quebec, and Halifax are Burroughs posts.

Mexican posts - Mexico City, Hermosillo, Tijuana, and Ciudad Juarez are MRV posts.

Monterey, Guadalajara, Matamoros, and Merida are Burroughs posts.

4. Poe Processing. Aliens in possession of N-8 or N-9 NAFTA annotated NIVs who are otherwise admissible to the United States shall be issued Form I-94 as TN or TD respectively. Aliens in possession of a Burroughs type NIV who are otherwise admissible shall be issued Form I-94 as TN or TD as noted on the NIV. On the reverse side of the I-94, block 18 relating to the occupation shall be annotated with the NAFTA occupation of the TN and the name of the employer must be annotated o the reverse side of both the arrival and departure portion of the I-94.

Questions regarding this instruction may be addressed to HQADN/Nonimmigrant Branch, Jackie Bednarz, at 202/514-5014.

James A. Puleo

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