- Do Canadian citizens require a TN visa
Posts Tagged ‘Do Canadian citizens require a TN visa’
What is a TN Visa
Are you a Mexican or Canadian citizen and would like to work in the United States? Do you have a professional occupation that is recognized in the U.S. under the NAFTA agreement? Are you curious or unclear on how to apply or start working in the U.S.? This process is referred to as a TN Visa. Specifically, in the U.S., a TN Visa is defined as a visa that allows nonimmigrant NAFTA professionals, such as Mexican and Canadian citizens, to be authorized to work in the U.S. for a U.S. employer. Due to the North American Free Trade Agreement, better known as NAFTA, Canadians and Mexicans are able to create an economic relationship with the U.S. Thus, the TN Visa gives Mexican and Canadian citizens the opportunity to either pursue business or career opportunities or business activities within the U.S. for an authorized period of time. The process can seem confusing if you’re not familiar with immigration; however in this article, I will explain the processes and steps required in order to obtain a TN Visa in the United States.
Am I Eligible for a TN Visa
The NAFTA agreement between the U.S. and Canada and Mexico requires that professionals come to either country to better their economy. Professionals that are eligible for the TN visa can include professions such as accountants, lawyers, teachers, engineers, scientists, pharmacists, and more. If you fall under one of these categories, there are still some more requirements that you must consider before applying for a TN visa. For instance, you may be eligible for a TN nonimmigrant status if: you are a citizen of Canada or Mexico; your profession is listed within the regulations; an employment opportunity in the U.S. requires a NAFTA professional; you have obtained a prearranged job opportunity in the U.S. with a U.S. employer; and you have the appropriate qualifications to work under the designated profession. Please note that if you are self-employed wanting to work in the U.S., you will not qualify as the employer issuing you the employment must not be yourself.
There is a difference between a Canadian citizen applying for a TN visa compared to a Mexican citizen applying for a TN visa. Canadian citizens generally do not need a visa for admission to the U.S.; however, Mexican citizens do. Similarly, for a TN Visa, Canadian citizens are not required to apply either. Keep in mind, NAFTA will ultimately determine which evidence is required from Canadian and Mexican citizens to prove whether they are a professional that is qualified.
How to Apply for a TN Visa
As a Canadian citizen, as aforementioned, you do not need to apply for a TN visa in the U.S. Be that as it may, if you would like to qualify for the TN classification, you will need to present the appropriate documentation to the U.S. Customs and Boarder Protection (CBP) officer at certain ports of entry or at a pre-clearance inspection station. Specifically, the documentation that you must provide to the officer is listed below.
You may want to apply yourself and submit the requested documentation on your behalf. Or, alternatively, you may allow your prospect employer to submit the application on your behalf from inside the U.S. However, the employer would have to submit their own applications forms as well, if they do submit on your behalf. If the application your employer submitted is approved, then you will have to also submit an approval notice from USCIS. Both you and your employer should have a record of the Petition for Nonimmigrant Worker form to provide to the CBP officer, in addition to the required documents, should the officer ask you any follow up questions.
Unlike Canadian citizens, Mexican citizens must obtain a visa prior to entering the U.S. as a TN nonimmigrant. In order to obtain the visa, Mexican citizens are required to apply at a U.S. embassy or the consulate within Mexico. After submitting the application at either location, and should the application be approved, then you are able to apply for admission at certain ports of entry or at a pre-clearance inspection station.
- Certification of Canadian citizenship
- Employment letter describing your job title, description, duties, length of employment and educational qualifications while in the U.S.
- Evaluation of Credentials (if this applies to you)
- Proof of payment of application fees
Period of Stay for TN Visa
When you finally receive your TN Visa to enter the U.S., the initial period of stay can be up to a 3 year period. There are ways for extending your period of stay in the U.S. while you are still working. You must first apply for an extension. The extension application can be submitted by you or your employer. In contrast, if you have already left the U.S. before your period of stay expired; you may once again apply, using the same initial application and documentation, for a TN visa at certain ports of entry or at a pre-clearance inspection station using.
Contact Akrami & Associates to Apply for a TN Visa
It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a TN Visa. TN Visas are difficult applications to pursue on your own, if you are unfamiliar, and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients travel to the U.S. for business matters through the TN visa and they are now happily working in the U.S. If you believe that you may be eligible for a TN visa, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!
What is a U.S. Work Visa?
A US work visa allows you to work in the U.S. There are many different kinds of work visas. Some of them are listed below:
- Allows professionals into U.S. labour market
- Allows professionals to work in specialty occupations that require some sort of a degree
- Initial term is up to 3 years
- Can be renewed only up to 3 years to a maximum of six years in the U.S.
- For skilled and un-skilled workers
- Allows a Canadian or Mexican Citizen to work in the U.S.
- Can be renewed indefinitely
To obtain these visas you will need special authorization to do so. This can be done by obtaining the visa specific to it. In addition each of these visas has their own unique set of requirements for them.
You are also permitted to bring in your spouse and unmarried children (under the age of 21) to the U.S. However you will need to obtain a document for each of them. They would be classified as dependants under you. For the TN visa, they would be classified as TD dependents, H4 dependents under the H-1B visa, etc.
You can apply for these visas at a U.S. consulate or embassy from your country. Or for more convenience, you can apply at a port of entry. However if you know you are inadmissible it would be recommended to not apply at a port of entry but instead at a U.S. consulate or embassy and to fix your inadmissibility.
- Allows U.S. employers to send employees to the U.S. to a branch, subsidiary, affiliate, parent, etc.
- Can apply for a US Green Card later
What are the advantages of getting a TN visa?
1. Permission to work in the US
The TN visa allows you to work as a professional in the United States job market and work in a professional capacity. This visa allows you to work and not worry about going through a complicated application process.
2. Indefinite Renewal
Unlike the H-1B, which has a maximum of 6 years limitation period, the TN visa has no maximum renewal time. The TN visa can be renewed as many times for periods of up to 3 years at a time. This is especially convenient for people who do a lot of business in the United States and those who have more job opportunities available to them in the United States.
3. Rapid Processing Time
Unlike every other application handed into immigration Canada, the TN visa application can be handed in at the border with a decision rendered within the same day. There is no long wait; it’s a black and white application. Whether you qualify or not, it does not waste your time or leaving anything up to chance.
4. Special Status Granted to Dependants, TD Status
Dependants of a person applying for the TN visa may apply for a TD status allowing them to accompany the TN visa holder into the United States without having to apply for a visa or go through any long application to be allowed entrance to the US. This is very convenient and it will help keep families together.
5. No Need for a Visa
You are not required to go through the complicated, long consular process to obtain a visa or change your status through the USCIS. All you need to do is make sure you have the proper paperwork, go to any port-of-entry (at sea or land), and ask for TN status. It is as simple as that.
6. Low Application Fee
The applicant only has an estimated $50 application fee if they apply at the border or a $110 application fee if they apply while within the US. Unlike typical visa or work permit applications which can cost up to thousands of dollars. There is a significant difference in the costs incurred when applying for a TN visa in comparison to other applications.
7. No Quota
This is the most beautiful thing about the TN visa, there is no annual quota of applicants allowed to be granted the TN visa throughout the year. An officer is permitted to allow as many applicants as they would like into the US without worrying about there being a cap on the number of TN visas they can give out. That is only if the applicants are qualified to receive the TN visa.
How Akrami and Associates can help!!
If you are unsure what type of visa you require or how to obtain one then don’t worry this is where we come in. Our immigration experts have great deal of experience with filing US visas, if you like to obtain further information on TN visa or any other visa then please do not hesitate to contact us at 416-477-2545 and one of our legal team members will be glad to assist you with your immigration matters.
With Akrami & Associates there is always a way!!
What is a TN visa?
A TN visa allows you to work in the U.S. temporarily. But there are restrictions to obtaining a TN visa.
What are the steps to obtaining a TN visa?
You will be eligible for a TN visa if all of these requirements are met. One of the advantages of a TN visa is it is approved quicker. But there are steps involved and they will be outlined in better detail below.
- You must have Canadian or Mexican citizenship
- The position must be under the NAFTA list of occupations
- You must be employed under an American employer
- The position should be arranged from before (either part-time or full-time)
- The position requires a NAFTA professional
- And you must fulfill the criteria that is associated with the profession
Do Canadian citizens require a TN visa?
A TN visa is not required for a Canadian citizen. The next step for if you are a Canadian citizen, you would go to a U.S. port of entry at a CBP (Custom and Border Protection). There you will show your documentation. In addition your employer can petition for you on your behalf by filling out “Form 1-129” to the USCIS. If approved, then show approval notice to the CBP officer.
What documents do I need to show CBP officer as a Canadian citizen?
- Proof of Canadian citizenship
- A letter from your U.S. employer that states the professional capacities in which you will work there (i.e. the purpose of the job, how long you’ll work there, the term, etc.).
- Credentials evaluation
Do my spouse and children require a TN visa?
If you have a spouse and children who are single and under the age of 21, they will require a TN visa. You must show proof of their citizenship as well as your relationship to them (i.e. marriage certificate and birth certificate). They will be in admitted in as TD non-immigrant status. Your spouse will not be permitted to work but she and your children can study while there.
I am a Mexican citizen do I need a TN visa?
If you are a Mexican citizen you will need to apply for a TN visa. Once received you will go to a U.S port of entry and show the appropriate documentation to the CBP officer. In addition you will need to provide proof that you plan on returning once your term is over and will maintain your TN non-immigrant status. If one of your TD dependents decides to travel after approval of extension and expiration, then they would need to re-apply for a TD visa at a U.S. consulate or embassy.
How to submit a TN application?
There are several steps you need to take in order to apply or a TN visa. You must first begin by completing an online Non-immigrant Visa Application and you submit a photo online. That is the first step you need to take if you want to get a TN visa.
Schedule an Interview
This is the next step that needs to be taken. Interviews are usually not required for anyone 13 and younger or 80 and older, but it is up to the discretion of the officer reviewing your case to decide whether they would like an interview or not. If you fall within the 14-79 age groups, you must schedule an appointment for your visa interview, which is usually at the US Embassy or Consulate in the country where you are residing in at the time.
Preparing for your Interview
The application fee is $160, which is a non-refundable application fee and you are required to pay it before your interview begins.
What documents do I need for TN visa?
Next, you would have to gather all the required documentation that is needed for your visa interview. The documents are as listed:
- A valid passport to travel to the United States, and it must be valid for at least six months beyond your period of stay in the United states,
- Non-immigrant Visa Application, confirmation form,
- Application fee payment receipt, which you are required to pay and bring proof of that to the interview,
- Photo, when you uploaded the photo online but it did not work, you must bring a copy to the interview,
- A contract or letter of employment in the United States to show that you have a job offer, there are certain requirements that must be included in the letter, and
- Documentation that proves you have met the minimum education and/or work experience that is required for the job, there are specific documents that may be submitted to demonstrate these. There may be additional documents that might be required to help establish if you are qualified. Sometimes proof of a license for your given profession is not required, but should be brought into considered to bring along, just in case you are accepted into the US. You may need that licensure to practice a given profession. Your spouse and children may apply for TN visas to accompany you to the United States or join you later. You need to be able to prove your ability to financially support your family when you are in the US.
Attend your Visa Interview
During your interview with the officer, they will determine whether you are qualified to receive a visa and if so, which visa category you qualify for based on your purpose of travel.
Contact Akrami & Associates
As you can tell, there are a lot of steps that need to be taken to move your TN visa application along and many documents are required for the interview. Allow our legal professionals to answer any questions or comments you may have or to help you given compiling your application package for your interview. Do not hesitate to contact us at 416-477-2545 or call our toll free number at 1-877-820-7121