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Customs and Border Protection said the agency had not changed its policies that would affect NAFTA professionals, but it has seen issues with travelers presenting improper or insufficient paperwork in order to be granted a TN nonimmigrant classification. "Each application for TN status is evaluated by the inspecting officer, and the decision is made on the totality of the evidence provided," said CBP spokesman Kristoffer Grogan. "Every application for TN status is a separate inspection, and the decision to approve or deny is based on the merits of that individual case." Canadian news outlet Windsor Star quoted Grogan in a March 17 article saying Customs and Border Protection had "done further review" and deemed that specialized nurses fell in the registered nurse category listed in NAFTA. If NAFTA is renegotiated, there is broad concern over the future of NAFTA professional visas, said Laurie Tannous, an immigration and trade lawyer and special advisor to the Cross-Border Institute at the University of Windsor, in Ontario. Though the matter with Canadian specialized nurses has been resolved, "we are expecting that other grey areas could be affected going forward," Tannous said. Canada and Mexico would have to be part in any sort of NAFTA reconfiguration. If Trump decides to pull the United States out of the deal, he would have to give both nations a six-month notice in writing. Any major change to NAFTA would take time, said Daniel Costa, director of immigration law and policy research at Economic Policy Institute. In the meantime, Trump’s administration through new regulations and policy guidelines "could do some tinkering around the edges, which could have an impact," Costa said. That includes modifying the requirements for TN applications, restricting the interpretation of who qualifies for eligible occupations, and giving border protection officers new instructions regarding application requirements, he said. Trump said he would deal with NAFTA’s renegotiation in his first 100 days in office.

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2017-07-18 / Posted in