United States Customs and Border Protection recently announced on its website that, sometime during September 2014, it would begin optimizing processing for first-time Canadian TN and L-1 applicants seeking entry into the United States under the North American Free Trade Agreement. However, it is unlikely that this initiative will significantly alter the way that TN and L-1 cases are adjudicated.
HR Professionals who deal with United States immigration matters may be aware that the latest version of Form I-129 now includes an export control attestation; this export control attestation became effective on February 20, 2011. As of that date, employers seeking to petition H-1B, H-1B1, L-1 or O-1A (O-1A includes extraordinary ability in the sciences, arts, education, business, or athletics) workers must now answer the attestation. Unfortunately, determining the applicability of U.S. export restrictions can be a complicated task and may require a legal opinion from a lawyer who has experience in this area.
Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.