How a Temporary Visa Works Under the United States-Jordan Free Trade Agreement

triggered when the Department of Labor certifies the existence of a strike or work stoppage, and does not apply to E visa holders already in the US. This language is absent from the US-JO FTA which means in effect that even if there is a labor dispute in the Jordanian’s occupational classification, still a Jordanian national can enter the U.S as trader or investor.

The third category of NAFTA visas is L-1 visa for a business person employed by an enterprise who seeks to render services to that enterprise or a subsidiary or affiliate thereof, in a capacity that is managerial, executive or involves specialized knowledge. In this category, no NAFTA party may impose numerical restrictions on temporary entry.

The last category of visas under NAFTA is professional visa, TN category. This kind of visa is unique for NAFTA nationals and is not available for other nationals. The US-JO FTA does not contain such kind of visa system for professionals. Under NAFTA, certain categories of professionals who meet minimum educational requirements, or posses designated credentials or licenses and experience, and who seek to engage in professional occupations in a NAFTA member country, may be admitted for example into the U.S for up to one year. Appendix 1603.D.1 of NAFTA lists 63 professions whom its holder may be eligible for TN visa after meeting the minimum requirements. For example, an economist has to posses baccalaureate or Licenciatura degree, a lawyer has to posses LL.B (for example Canadian common law degree), J.D., LL.L., B.C.L. (for example Canadian civil law degree) or Licenciatura degree (Mexican law degree consists of studying for five years) or membership in a state/provincial bar, and a university teacher has to posses baccalaureate or Licenciatura degree.

The U.S could have incorporated a provision similar to the TN category of NAFTA in the US-JO FTA regarding professional visas. Professional visa system could have given the opportunity for Jordanian professionals to acquire contacts and experience that would be translated into increase of trade between the U.S and Jordan. However, issues of immigration and recognition of credentials could have prevented the incorporation of such a provision in the US-JO FTA. Probably, the U.S was concerned that Jordan may dump its citizens in the U.S. and they would not return to their native Jordan. Although, placing a cap on the number of TN visas issued annually could have minimized this concern on the part of the U.S.

Conclusion

Freer trade applies not only for trade in goods but also extends to include other factors of production such as labor and capital. Production is not just a function of capital and natural resources, but also of labor. Little attention has been paid to liberalizing the movement of persons who trade in these goods and services. In the formulation of trade agreement, the flow of goods between the member countries should be discussed in connection with the flow of people.

The US-JO FTA is designed to permit temporary entry, without intent to establish permanent residence, of traders and key business personnel. Despite that, the FTA does not provide «truly temporary entry». As of this date, Jordanian nationals are not able to benefit from the visa commitments of the US-JO FTA. The US-JO FTA permits entry for narrowly defined investment-related and trade-related purposes. The U.S made the entry of traders and investors from Jordan difficult. Jordanian businesspeople face difficulties in meeting the threshold of «substantial trade», «investment», and «substantial amount of capital». Moreover, the U.S. couples the movement of key business personnel with local presence requirements. Only Jordanian nationals with money and extensive professional skills can gain entry to the U.S. The US-JO FTA prioritized workers with advanced educational training and capital to invest. The US-JO FTA prioritizes the cross-border movement of corporate executives, researchers, and professionals with advanced degrees.

The US-JO FTA, among other US-Arab free trade agreement, is a trade agreement concerned with the movement of goods and services but not with the movement of persons. The U.S. has chosen to actively pursue a free trade agenda in the Middle East while simultaneously restricting inbound temporary labor mobility. Jordanian nationals are human beings and they have a baccalaureate degree. They are part of the free trade agreement. There can be no free trade without people to facilitate it. The current temporary visa provisions significantly increase the cost of doing business and prevent the effective use of a company’s human resources. The issue of trade and temporary visas should be of immediate relevance to negotiators when crafting the broader US-Middle East FTA. Unless the inter-relationship between trade and temporary visas is properly understood, trade liberalization may be easily undone.

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