The TN Visa and How It Benefits Canadian Citizens

By: Douglas Lightman Click author's name for more of his/her articles

The TN Visa (Trade NAFTA (North American Free Trade Agreement)) is a temporary nonimmigrant U.S. visa for professional workers from Canada or Mexico whose specific job occupations appear on the schedule under 1603.D.1 of NAFTA. The visa is particularly beneficial 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. As a result of this expedited petition process and several other factors, the TN Visa category can be an fantastic 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 valid passport. The job categories listed under NAFTA generally require that the individual applying have a bachelor's degree or post-secondary diploma or post-secondary certificate and 3 years experience. Some positions, such as the management consultant, also accept years of experience in the field as an alternative to post-secondary schooling. Other positions, such as those in the medical professions also require certain licensing, in addition to all the other requirements. Generally speaking, the post-secondary schooling needs to be in a similar field or in an allied field as the occupation.

The first questions you should ask yourself to determine if you qualify for a TN visa, are as follows:
1. Does the NAFTA list contain your job category?
2. Do you possess the specific criteria for the profession?
3. Does the profession require someone in that skilled capacity?

The process of applying for and acquiring the TN Visa for a Canadian citizen is one of the fastest application processes of all the United States work visas. If the TN applicant is outside of the U.S., an application for the TN Visa must be made at a U.S. port-of-entry, whether it is at a land border or an airport. The applicant must show Canadian citizenship and how he or she meets the criteria for the TN occupation. At a minimum, the supporting evidence should 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 in a detailed letter from the employer on the employer's letterhead describing the position and its responsibilities and information concerning the employer. It can also be beneficial to attach additional information pertaining to the employer, such as financial documents, copies of a certificate of organization, copies of printouts from the employer's website, company brochures, etc.

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

As of October of 2008, TN visas can be granted for up to 3 years duration. Furthermore, extensions of the TN visa status can be granted for up to 3 years. While there is no cap on the period of stay one 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. As such, a higher level of scrutiny surrounding the temporariness of the position can come into play when a TN holder is at or close to six or more years in the TN status. As of the date of this article, there has been an elevated level of scrutiny when renewing through the Vermont Service Center versus applying at a port of entry.

As discussed, the TN visa is very advantageous to Canadian citizens. When contemplating a United States work visa, a Canadian citizen should always review the TN category as a potential visa option.

Article Source: ABC Article Directory

About The Author: 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 fo