NAFTA TN Visa.
If you are a Canadian Citizen who wants to work for an employer in the United States, you may want to consider applying for a TN work visa.
The TN visa was created under the North American Free Trade Agreement between Canada, U.S. and Mexico. Under this visa, a Canadian citizen may work in a professional occupation in the U.S. if they meet the following requirements:
1. He/she qualifies under the "Professional Occupations under the North American Free Trade Agreement" list.
(Please refer to the link below regarding a list of occupations that qualify)
2. the Canadian citizen possesses the specific criteria for that profession (ie: university degree in a specific occupation);
3. the employment position in the U.S. requires someone in that professional capacity; and
4. the Canadian citizen has arranged employment with the U.S. Employer.
There are several advantages to applying for a TN Visa. First, TN Visas are valid from one to three years and TN Visas are easier to apply for than an H-1B Visa which is another work visa category that requires the U.S. employer making an application on behalf of the Canadian employee. There are two ways to apply for a TN Visa:
1. in person at a port of entry (“POE”) to the United States (POEs include: land-border crossings, airports or seaports);
2. submitting a paper application to the U.S. Citizenship and Immigration Services (USCIS);
Another advantage to applying for a TN Visa is that a decision to grant or to deny the visa is made immediately by a U.S. Border and Customs Officer (“CBP Officer”). If you are refused a TN Visa at the POE, you will learn the reasons for the refusal right away and you can attempt to correct it immediately.
If your TN Visa application is denied by the USCIS, the wait time is longer and the U.S. employer may be persuaded to not employ the Canadian applicant.
If you are interested in applying for a TN Visa, please contact one of our immigration professionals for a consultation.