The Tn Visa And How It Benefits Canadian Citizens

The TN Visa (Trade NAFTA (North American Free Trade Agreement)) is a temporary nonimmigrant U.S. visa for skilled workers from Canada or Mexico whose specific occupations appear on the schedule created by NAFTA (Appendix 1603.D.1 of NAFTA). The visa is especially attractive to Canadians because they can apply for the visa directly at any U.S. point of entry, whether it be a land border crossing or airport. Due to this expedited application process and several other factors, the TN Visa category can be an terrific alternative to the H1B Visa, assuming the individual applying meets the necessary requirements.

The TN Visa applicant must be a Canadian citizen (or Mexican) and present evidence of citizenship in the form of a passport. The job categories listed by NAFTA generally require that the individual applying have a bachelor's degree or post-secondary diploma or post-secondary certificate and three years experience. Some positions, such as the management consultant, also accept years of experience in the field in lieu of post-secondary schooling. Other positions, such as those in the medical professions also require certain licensing, in addition to all the other requirements. Typically, the post-secondary schooling needs to be in a similar field or in an allied field as the position.

The first stage of TN visa evaluation to determine if the visa is right for you, should be as follows:
1.
Does the NAFTA list contain your occupation?
2.
Do you have the specific criteria for the profession?
3.
Does the job category require someone in that skilled capacity?

The TN visa application process for a Canadian citizen is one of the quickest application processes of all the U.S. work visas. If the the individual applying for the TN is outside of the U.S., a TN visa application must be submitted at a U.S. port-of-entry, whether it is at a land border or an airport. The applicant needs to show Canadian citizenship and how he or she meets the criteria for the TN profession. At the very least, the supporting evidence will probably include a transcript and diploma, a resume, referral letters from previous employers, and possibly even examples of previous work, if applicable. In addition, the applicant will need to show information pertaining to the position and the actual employer. This information should be conveyed through a detailed letter from the employer on the employer's letterhead describing the position and its responsibilities and information concerning the company. It can also be beneficial to include additional information about the company, such as financial documents, copies of a certificate of organization, copies of printouts from the company's website, company brochures, etc.

The advantages of the TN visa category, as compared to other United States visas, such as the H-1B visa or L-1 visa, are as follows:
1. The visa can be obtained immediately at a port of entry as opposed to having to submit an application ahead of time through the mail and waiting several weeks to months for an answer
2. There is no quota or potential for a lottery with the TN category, as there is with the H1B visa
3. There is no max for the number of years an individual may be in the TN status, whereas H1B and L-1 have caps (although "temporary intent" may be questioned when you are approaching 6+ years)
4. Renewal of the visa can either be done quickly at a port of entry or through the mail
5. The approval of a Labor Condition Application through the U.S. Department of Labor is not required, unlike with the H-1B
6. The TN Visa status may be available to some people who do not meet the requirements for H1B status, for example those individuals who do not have a bachelor's degree or its equivalent
7. TN fees at a port of entry amount to a sum of $56, whereas H1b filing fees can be as high as $3,320 when the application is submitted via premium processing and certain other factors exist

Since October of 2008, TN visas can be given for a period of up to 3 years. In addition, extensions of the TN visa status can be granted for up to 3 years. While there is no cap on the number of years an individual may be in the TN status like there is with the H1B visa (6 years, unless certain other requirements are met), the TN visa is still a temporary nonimmigrant visa. Keeping that in mind, added scrutiny surrounding the temporariness of the position can occur when a TN holder is at or close to 6 or more years in the TN status. Recently, there has been an elevated level of scrutiny when renewing through the Vermont Service Center as compared to applying at a point of entry.

As discussed, the TN visa is quite beneficial to Canadian citizens. When contemplating a United States employment visa, a Canadian citizen should always consider the TN category as a potential visa option.

Author: Douglas Lightman

Douglas M. Lightman, Esq. is the principal and founding attorney of Lightman Law Firm LLC, a boutique law firm with a focus on U.S. immigration law. As a result of Mr. Lightman's connection to Canada, the firm has a strong focus on U.S. immigration issues particular to Canadians, such as the TN visa. Mr. Lightman assists many Canadians and other foreign nationals from all over the world, both inside the U.S. and outside the U.S. in navigating the ever increasingly complex world of U.S. immigration law. Please visit www.naftatn.com for more information.