Get a TN Visa to Work in the United States

Canadian and Mexican citizens, who are professionals, can apply for a TN visa to work in the United States. It can be renewed indefinitely and there are no limits on how many TN visas are issued each year. Only Canadian and Mexican citizens are eligible for a TN visa (landed immigrants are not eligible) because the visa is authorized by NAFTA. Canadian citizens do not need to apply at a US Consulate but can apply directly at a port of entry (ie. airports or land border crossings; airports in Toronto, Montreal, Vancouver and Calgary are optimal choices). Mexican citizens must apply for a visa at a US Consulate. Dependent spouses and children under 21 are eligible to apply for TD visas.

Steps

TN Visa Basics

  1. Find a US job with a fixed term of 3 years or less. To apply for a TN visa, you must have an offer letter which includes a start date and end date such that the period of employment or contract is for 3 years or less. If you will handle the TN visa application yourself without the US company's assistance, request the US company to include in the offer letter that you will be responsible for the TN visa application. Otherwise, the US company will undertake the TN visa handling. In fact, the employer is called the “Petitioner” and you, the employee, are called the “Beneficiary.” Although a TN visa holder status has a maximum period of 3 years, it may be renewed indefinitely. Caution: TN status is temporary and US Customs will ask you questions to determine your intent to work and live in the US is temporary and not permanent.
  2. Determine if the job is an acceptable TN occupation. The job must be one of the professions in Appendix 1603.D.1 of the NAFTA. A list of acceptable occupations can be found at http://www.nafsa.org/_/file/_/amresource/8cfr2146.htm.
  3. Ensure that you meet the specific requirements for the TN occupation. You must prove that you qualify for the Minimum Education Requirements or Alternative Credentials of the TN occupation for which you are applying. For most TN occupations, this means you must have a Baccalaureate or Licenciatura degree in a field related to the occupation, although some only require 5 years of relevant work experience.
  4. Employer supporting documents or alternatively you may provide the information from the US company website or from their HR department. The US company support letter should explain two main things:
    • Company description – the letter should explain the employer’s business, including the number of employees, basic financials, and any other pertinent information.
    • Job description – the letter should include the detailed job description.
  5. Gather your documents. Bring the following documents with you to the port of entry. An example of a port of entry will be major Canadian airports in Toronto, Montreal, Vancouver and Calgary. Like other Canadian travellers to the US, you will go through US Customs. When asked for your purpose of travel or your destination, you will state that you are applying for a TN visa (if your dependents like wife and children are accompanying you to the US, you should state that your dependents are applying for TD visas which are visas for dependents of TN visa holders. If your dependents are following you to the US at a later date, you should accompany them and inform US Customs that you would like to apply for their TD visas). Normally, the US Customs Officer will direct you to a secondary inspection area where another US Customs Officer will be able to spend more time to review your documents and ask you questions. The time involved is about an hour but if there are other people ahead of you, the wait time will be longer. Normally, being at the airport 3 hours before your flight to the US is sufficient but you can choose to be there even earlier. Most TN visa approvals are for those travelling to the US and their job starts on the same day or the following day. If you require significantly more time to be in the US in advance of the start date of your US job, it is recommended that the US company handles your TN visa application or you get a Canadian or US lawyer experienced in TN visa applications to handle your matter. Regardless of the simplicity or complexity of your circumstance, you should work with the US company and/or your Canadian or US lawyer. In most cases, if the US company is very familiar with TN visa processing then your issues will be minimized. However, if the US company does not want to deal with sponsoring workers and you want the job, then you will need to be self-sufficient wherein you inform the US company that all you need is an offer letter stating a start date and an end date so that the period of work is 3 years or less and that you will be responsible for the TN visa. Note that if you choose to be solely responsible for your TN visa application then be very professional, diligent, meticulous, organized and plan ahead.:
    • Offer letter
    • Valid passport (the passport's expiration date is highly recommended to be at least 6 months longer than the fixed term work contract in the US)
    • Employment supporting documentation per step 4 above
    • University confirmation letter and copies of your educational degree(s) and transcript(s)
    • Professional association confirmation letter of professional license(s) and current standing
    • Resume
    • Past employment verification such as offer letters, job descriptions, contracts
    • Optional but recommended documents you can produce showing you have not or do not want to sever permanent ties in Canada such as ownership of Canadian real estate, investments (including RRSP and non RRSP), vehicles, etc (note you want to assure US Customs of your true intent of temporary interest in the US to improve your skills and/or experience and that you do not have dual intent wherein you will want to try to permanently live and work in the US while you are on a TN Visa)
    • TN visa application at US Customs is routine and has been around since 1994. Be professional, truthful, calm, and prepared for the questions with supporting documents per all of the above and the US Customs officer will approve your TN and/or TD (for dependents) visa applications in an hour.
    • Have US dollars available to pay for your TN visa which is U$50 for the application and U$6 for the I-94 issued (beginning in 2014, your TN visa is approved and recorded online by the US Customs officer you will be dealing with. In the past, you would have been issued an I-94 stub piece of paper. Now, you will be given documents on how to retrieve your online I-94 information which you can use for personal reference that your TN visa was approved). You will pay an additional U$6 for each dependent of yours.
    • For your dependents, they will be applying for TD visas. The documents you need for your spouse are passport, birth certificate, and wedding certificate. The documents you need for your children under 21 years of age are passports and birth certificates. If your child is 21 years old or older, then he or she is ineligible.
    • Your Canadian passport will be stamped / written on by US Customs that is TN Visa approved with your job title and the end date of your TN visa.
    • US Social Security Number (SSN) and US Driver's License. Bring your Canadian passport and also a hardcopy of your I-94 form (which was entered by US Customs so you can print it out subsequently for your US Social Security Number (SSN) and for US Driver's License) and apply by going to the nearest Social Security Administration office and also the nearest DMV. Within 10 days, you will receive a letter with your SSN card. The driver's license approval is dependent on your driving skills and experience.
    • Dependents ITIN not SSN. Your spouse and children won't be able to work in the US as TD visa holders. They are not TN visa holders. Your spouse and children won't get US Social Security Numbers (SSN). Instead, you should go with them to the nearest IRS office and apply for an Individual Taxpayer Identification Number (ITIN). Your dependents will use their ITIN instead of a SSN when opening bank accounts, registering in school, being part of your health insurance dependents, and your income tax dependents.
    • Dependents US Driver's License. Same process as yours to obtain their licenses.

Canadian Procedures

  1. Submit your Application at a Port of Entry. Canadian citizens do not need a TN visa stamped in their passports. Rather, Canadians can apply directly at a port of entry. Bring your application packet with you and tell the Customs & Border Protection (CBP) Officer you are applying for admission in TN status. The officer will review your application and will decide whether to admit you into the United States in TN status. You may be taken to “secondary inspection” where a separate officer will review your application.
  2. Pay the $56 processing fee. This fee is comprised of the $50 visa fee and the $6 I-94 card fee.

Mexican Procedures

  1. Make an appointment with a US Consulate or Embassy. Mexican citizens must have a TN visa to enter the US and therefore, must apply at a US Consulate or Embassy abroad. It is recommended that Mexican citizens apply in Mexico since officers in those consulates are more aware of the TN visa regulations and procedures.
  2. Pay the application fee and complete the application form. Appointments can be made online through the department of state website or by phone. To be issued an appointment, complete and submit Form DS-160 online. The application fee is $190 and can be paid online.

Tips

  • If you are applying at a port of entry, bring enough Canadian dollars so you can go home if you are denied of TN Visa application.
  • If you're properly qualified you should have no problem being awarded the visa, as long as you don't say anything contradictory to the TN Visa requirements.
  • The TN visa is a temporary visa. While it can be renewed indefinitely, be sure to state that your intention is to remain in the US temporarily, even if it is for a few years. If you wish to become a permanent resident, plan on filing for an H1-B visa after you have received your TN visa.
  • Dress professionally when going to the border in order to support the legitimacy of your application.
  • To avoid complications with your TN visa application or with any future applications for other nonimmigrant visas or permanent resident status, it is best to consult with an immigration attorney to prepare your application.
  • Spouses and children under age 21 can apply for TD visas along with the TN visa applicant. If the TN application is approved, the TD application should be approved for the same validity period.
    • TD applicants should bring their passports, and proof of their relationship to the TN applicant (either marriage certificate or birth certificate).
    • TD applicants do not have to be Canadian or Mexican citizens. However, although Canadian citizens are visa exempt, TD applicants who are not Canadian citizens will be required to obtain a visa stamp in their passports. This means they will have to make an appointment at a US Embassy or Consulate in Canada to have the TD visa stamped in their passports before they can enter the United States in TD status.
  • Canadian citizens can apply for a visa at the Consulate if they wish to do so. However, they will be required to make an appointment and submit Form DS-160 before their interview.

Warnings

  • If a Canadian citizen is applying at a port of entry and the CBP Officer believes there is fraud or misrepresentation, or that the applicant is an intending immigrant, the applicant can be issued a “Notice to Appear” and placed in expedited removal proceedings. Therefore, in this situation, the applicant should ask to withdraw the application, although there is no statutory right to do so.
  • A TN visa is not a “dual intent” visa, meaning that someone who has filed an application with USCIS for a green card will not be granted a TN visa / status.

Related Articles

Retrieved from "https://kipkis.com/index.php?title=Get_a_TN_Visa_to_Work_in_the_United_States&oldid=294264"