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TN Visas for Canadians

The TN visa (Actually not a visa but a nonimmigration "status") is the staple U.S. work permit for Canadian citizens, considered the "crown jewel" of NAFTA immigration. "TN" is an acronym for Trade NAFTA. The number "1" reference refers to Canadians. (Mexican citizens get TN-2s.) The Trade Nafta visa/status replaces the previous Trade Canada permit which was part of the Trade Canada agreement between the United States and Canada before NAFTA. Trade NAFTA status is a creation of treaty, not statute. It is however incorporated into the United States laws in the United States Code of Federal Regulations, Title 8, as a smaller part of the NAFTA, which itself has been incorporated into the Regulations.

Possible Employer Scenarios The TN-1 Visa is designed for Canadian citizen professionals who will be working in the U.S. in any of these circumstances: (Many are not aware of the less obvious circumstances.) Direct employee/U.S. company: Canadians who are direct salaried employees of U.S. companies in a temporary or permanent position; Direct employee/Canadian company: Canadian citizen professionals who are direct salaried employees of a Canadian company. The company needs to have a legal business presence in the U.S. and U.S. workers. This is an unusual scenario. Self-employed Canadians: professionals who contract with a U.S. company and where there is a service or consulting contract between the professional and the U.S. company. The professional must also be incorporated in Canada. This scenario is not unusual for Management Consutlants. Canadian company professionals: professionals who are employees of Canadian companies who will work for a U.S. company, as an independant contractor, and where there is a service or consulting contract between the Canadian Company and the U.S. company. Duration Short-term: all TN beneficiaries are admitted to the U.S. under TN-1 status for a one year period, even if the position is not for one year. Long term: there is not limit on the total period of stay for a TN beneficiary. Some Canadians have held TN status since 1994. Management Consultants: there is an implied cap on TN-1 extensions for Management Consultants. You will not find a TN Management Consultant with a total period of stay of more than 5 years, unless the beneficiary has had multiple employers. U.S. Entry and Re-Entry All Canadian TN-1 beneficiaries receive a "multple entry stamp" on their I-94 card (evidence of admission to the U.S.). This means a Canadian TN-1 beneficiary may travel outside of the U.S. and back, as many times as required, without having to obtain a new TN visa or other nonimmigrant visa. TN Adjudication TN applicants simply need to provide sufficient documentation at any port of entry between Canada and the U.S., any international airport in Canada, or an airport in the United States where the originating flight came from an airport without a U.S. inspection area. Canadians are visa exempt and therefore never need to obtain a visa from a U.S. Consulate or Embassy. All port of entry adjudications are done before the U.S. Customs and Border Protection Service. (CBP) Bare Minimum Documentation 1. Proof of Canadian Citizenship: a Canadian Passport or Birth Certificate. The passport can be expired. 2. Evidence that the intended U.S. activity is one listed on the NAFTA schedule. 3. Evidence that the applicant has the necessary credentials to be considered a professional in one of the NAFTA professions on the NAFTA schedule. 4. Documentation of the arrangement for renumeration for the U.S. activity. (Evidence that the employer will compensate the TN beneficiary for his or her services. Those recieving no compendation should pursue a NAFTA B-1 visa.) 5. A statement that the purpose of the entry is temporary. The employer should indicate that the period of employment is one year or less. 6. A filing fee of 0 + I-94 card fee. (6) Nonimmigrant intent The TN classification can only be conferred upon persons seeking temporary entry without the intent to establish permanent residence in the United States. If the beneficiay wishes to permenantly reside in the United States, a TN to green card procedure is possible. For more information on Employment-Based Immigrant visas, see the Employment-Based Immigrant visas page. Family members of TN professionals: TDs Spouses and unmarried children (under 21) of TN beneficiaries are classified in the TD category and cannot hold jobs in the Unites States unless they are independently qualified; however family members may undertake courses of study while under TD status. Canadian citzen spouses and children of TN applicants may apply for TD status at the border with the TN applicant or follow to join. (receive TD status after) Non-Canadian citizen spouses and children must apply for TD status at a U.S. Consulate or Embassy in Canada after the TN applicant obtains his or her TN status. (Because only Canadian citizens are visa-exempt) Changing visa status to TN Those Canadians already in the U.S. can apply for TN status through an application for change of nonimmigrant status (I-129) without returning to Canada, if they are admissible, have not failed to maintained status, and have not overstayed their previous visa. I-129 filings take 6-8 weeks to process through the USCIS Vermont Service Center unless the application is premium processed. Premium processing takes approximately 15 days for approval. The employer must pay USCIS ,000 for this service and file a Form I-907. Changing or adding a U.S. employer The TN beneficiary may either file an I-129 or reapply at a Port of Entry. TN status is employer-specific and the TN beneficiary cannot work for a new or additional employer without new work authorization for the new employer. TN renewal after first year

TN-1 holders have two choices when renewing their TN status: back to the border or file with USCIS and remain in the United States. A comparison: Port of Entry renewal I-129 Renew With whom? U.S. Customs and Border Protection, Port of Entry U.S. Citizen and Immigration Services, Vermont Service Center Procedure Apply again for year two at any Port of Entry land crossing or Canadian International Airport. Immigration Counsel files immigration form I-129 with TN supporting documentation to the Vermont Service Center. Timing Port of Entry renewal may occur at any time before first TN-1 status expires. (Based on expiration date stated on Beneficiaries\' I-94 card.) USCIS must receive application before first TN-1 status expires. Beneficiary can work up to 240 days while application is pending. Speed Instant approval I-129\'d TN renewal takes 10-12 weeks to adjudicate unless Premium Processed. Premium Processing takes 15 days unless the Service Center requests additional evidence. The Petitioner must submit an additional ,000 filing fee. Cost 6 + legal fees 90 for I-129 + legal fees + ,000 if Premium Processing used. Advantage No waiting time; no chance of a request for evidence; less risk where a labor certification has been filed or approved for the beneficiary. USCIS examining officers have higher degree of knowledge; small cost to beneficiary if the worksite is far from Canada; no border confrontations or inappropriate questioning. Disadvantage Chance of improper refusal/denial. Chance of a request for evidence; application could get lost in the mail; long waiting time or substantial cost if Premium processed. Attorney notes Ideal for simple renewals not involving any complicated legal issues and where the beneficiary works close to the border. Ideal for complicated TNs. This is usually the better choice.

Special TN Categories-Health Care Workers TN nurses: Canadian TN nurses must have a VisaScreen certificate, issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS) in order to apply for TN status. A nurse VisaScreen certificate takes a significant amount of time to process. http://www.cgfns.org/ TN physical therapists: Canadian TN physical therapists must have a VisaScreen certificate, issued by the Foreign Commission on Physical Therapists, in order to apply for TN status. http://www.fccpt.org/ TN Occupational therapists: Canadian TN occupational therapists must have a VisaScreen certificate, issued by The National Board for Certification in Occupational Therapy, in order to apply for TN status. http://www.nbcot.org/ TN Medical Technologist and Medical Technicians: must have a VisaScreen certificate, issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS) in order to apply for TN status. http://www.cgfns.org/ TN physician assistants: must have a VisaScreen certificate, issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS) in order to apply for TN status. http://www.cgfns.org/ TN Medical Laboratory Technicians: X-Ray, Radiological, Sonogram, Nuclear Medicine, and Dental Technicians cannot apply for TN status. TN Physicians: Physicians and Foreign Medical Graduates applying for TN-1 status may only engage in research or teaching; direct or indirect patient care is prohibited. Canadian Dentists do not need a health care certificate to apply for TN-1 status. NAFTA Professions (attorney notes in italics) accountant, (hidden opportunity category: those not working in traditional accounting roles may qualify under this category.) (see TN hidden opportunities page) actuary, architect, computer systems analyst, (complex category) (see TN computer professionals page) disaster relief insurance claims adjuster, economist, (hidden opportunity category: those not working in traditional economist roles may qualify under this category.) (see TN hidden opportunities page) engineer (any type of engineer whatsoever), forester, graphic designer, hotel manager, (strict requirements: must only have BA in hotel or restaurant management, no other degree type will suffice.) industrial designer, interior designer, land surveyor, landscape architect, lawyer/notary, librarian, (strict requirements: needs Masters degree or higher.) management consultant (requires baccalaureate degree or 5 years experience in the consulting or related field.) (very complex category) (see TN Management Consultants page) mathematician, (this category includes statisticians) range manager/range conservationist, research assistant, (only in university or college environment) scientific technician/technologist, (very complex category) (see TN Scientific Technician page) social worker, (hidden opportunity category: those not working in traditional social worker roles may qualify under this category.) (see TN hidden opportunities page) sylviculturist (including forestry specialist), technical publications writer, (hidden opportunity category: those not working in traditional tech writer roles may qualify under this category.) (see TN hidden opportunities page) urban planner, vocational counselor, dentist, dietician, medical laboratory technologist, (does not include medical lab technicians.) nutritionist, occupational therapist, (VisaScreen required) pharmacist, physician (teaching or research only; no direct patient care allowed.), physio/physical therapist, (VisaScreen required) psychologist, (The NAFTA State/Provincial license requirement is not required by some Ports of Entry) recreational therapist, registered nurse, (not admissible under TN-1 status without VisaScreen certificate.) veterinarian, agriculturist, agronomist, animal breeder, (Not to be confused with a non-scientific "animal breeder.") animal scientist, apiculturist, astronomer, biochemist, biologist, chemist, dairy scientist, entomologist, epidemiologist, geneticist, geochemist, geologist, geophysicist, horticulturist, meteorologist, pharmacologist, physicist (including Oceanogropher in Canada), plant breeder, poultry scientist, soil scientist, zoologist, teacher. (college, seminary, or university; high school level or lower excluded.) If your profession is not on this list, refer to the H-1B list at the bottom of the H-1B page. TN Application Checklist- The Following is an exhaustive list of documents required for a Port of Entry Application: (Attorney notes in italics.) employer letter: must set forth minimum criteria required by the NAFTA. (In 95% of our cases, the attorney drafts the employer support letter. In a rare case where the employer insists on self-drafting the support letter, we supervise the employer.)

applicant\'s attorney-revised resume. (We sometimes do not submit a resume for entry-level positions. A resume or CV is always required when the applicant is applying as a management consultant or scientific technician.)

applicant\'s Canadian passport. (Can use other evidence of Canadian Citizenship if the Passport is not valid. The U.S. government now requires Canadians tp have updated passports.)

USCIS Form G-28, evidencing that the applicant is represented by immigration counsel. A form G-28 allows us to rehabilitate the application at the border on behalf of the applicant, should the examining officer intend to deny the application. (You do not need a lawyer physically present with you at the POE.) (A G-28 is not required when the applicant is not represented by immigration counsel.)

Post-Secondary diplomas, Bachelor\'s, Masters, or Doctorate degrees. (Copies of degrees are allowed.)(All degrees earned outside of North America need to be evaluated by a professional credentials evaluation service. See below.)

college or graduate school transcripts. (Not required but important in cases where the applicant\'s degree does not clearly match the NAFTA profession. For example, where an applicant applies as a computer systems analyst, but does not have a computer science degree [the preferred degree], that person\'s computer science coursework would be shown. If the applicant had such a significant number of courses in computer science, it may be possible to commission a professional evaluation service to opine that the coursework is the equivalent to a minor in computer science.)

comparative academic evaluation: where the applicant\'s degree was earned outside of North America, the professional credentials service evaluation would be submitted. (We prefer to use Trustforte Corporation.)

expert opinion evaluation/NAFTA profession: in difficult cases we commission an expert opinion from a professional credentials service. (For example, if the job duties do not fit within a particular profession, an expert would be able to opine whether or not the position qualifies as a professional position for purposes of NAFTA.)

expert opinion evaluation/academic credentials: in difficult cases we commission an expert opinion from a professional credentials service. (For example, if the applicant\'s degree(s) do not fit within a particular profession, an expert would be able to opine whether or not the applicant qualifies as a professional for purposes of NAFTA.) 6 filing fee.

previous employment letters under an attorney-supervised format. (This would only be required in management consultant or scientific technician applications. For example, where a management consultant is qualifying on five years experience, the entire five years would need to be accounted for in the form of prior employment letters.) attorney-drafted consulting agreement. (Management consultants only.)

professional supervisor\'s educational and job experience credentials (Scientific Technician/Technologists only. The supervisor would be required to submit his or her degree and resume or CV.)

attorney letter: shows the inspecting CBP officer how the applicant qualifies as a NAFTA professional and how the position offered qualifies as a NAFTA profession. An attorney letter is absolutely essential in management consultant and scientific technician cases. (A TN attorney checklist can be found here: tn checklist.) Port of Entry Procedure

Please see the Port of Entry page for updated information on U.S./Canadian Ports. TN denied applications

We receive many calls a day from prospective clients who have been denied TN status because they: attempt a TN application without immigration counsel.

hire a lawyer and the lawyer makes a mistake or presents a frivolous application. Adverse Consequences of TN denial A TN denial can have adverse consequences, including: Finding of Inadmissibility/The Five Year bar on Admissibility: every time a Canadian presents himself or herself for admission at a Port of Entry or Pre-Flight Inspection Area, that person is presumed to be inadmissible and therefore needs to prove thier admissibility into the United States. When applying for Trade NAFTA status, if the application is denied, in most cases the applicant is found to be inadmissible because he or she cannot claim another basis for lawfully entering the United States. Technically, when a Canadian is found to be inadmissible at a Port of Entry because he or she cannot prove eligibility for the TN, her or she can be removed using a procedure known as expedited removal. (It is called expediated removal because there is no right to judicial review.) (Expedited removal is not allowed at Pre-flight Inspection Areas.) When a Canadian is removed, they are deemed excludable from entering the United States for the next five years. In the majority of cases for TN admission, the Canadian is allowed to withdraw his or her application; this prevents an expedited removal process. However, in some cases a denied TN applicant will be removed. Most Port of Entry findings of inadmissibility are based on a claim of immigrant intent, that at the time of presentation for entry, the Canadian application has the implied intent on establishing permanent residency in the U.S. However, in most of these types of cases, the Canadian is allowed to withdraw application for admission.

Finding of Inadmissibility based on Fraud or Material Misrepresentation/Lifetime bar on admissibility and Possible Criminal Prosecution: where fraud or material misrepresentation is found, and the TN applicant is expeditiously removed (for fraud or material misrepresentation) the TN applicant is excludable from entry into the United States for life, for any reason. It is difficult to reverse this finding. (Via a waiver process.)

Criminal prosecution: in fraud or material misrepresentation cases, in addition to a lifetime bar on U.S. re-entry, the applicant can be criminally prosecuted. Federal law provides for severe criminal penalities, including incarceration in federal prison.