When a Canadian is seeking a professional job in the United States, it becomes a major decision to apply for a TN Visa at the Canada and United States border. S. border. This is quite complex because the stakes are enormous should it not turn out well. Of course, there are ways to maximize one’s chances and minimize the risk that his or her application might be refused. Read this guide carefully to avoid TN Visa Denial at the Canada/U.S. border.
Determining Your TN Visa Admissibility
One important point to note is that, before you go to apply for your TN status, your skills must match a qualifying position, regulated by NAFTA, and you must be qualified for that position to work in the US.
This is because many reasons for refusal of a visa are because the documents supporting visa requisites are not sufficient. Therefore, it is important to submit clear and detailed evidence of your experience, credentials, and educational and employment records from the employer who is placing you. It is recommended, however, that one should first assess the admissibility to the United States to determine possible barriers to entry.
Compiling Essential Documentation
Once you have established your admissibility for TN status, and identified and resolved any issues with your admissibility, the next step is to gather the documents you will be submitting for your TN application. These documents are crucial since they will be subject to scrutiny by CBP officers at the US and Canada border.
This is because most applicants apply for the visa without reviewing the documents their employer or legal representative is preparing for them, and simply sign them based on apparent similarities with other documents. Anyone who tries to enter the United States using this visa should go through the documents while someone explains their contents. If the point is not clear, the best way is to ask the employer or legal professional for advice.
Don’t Forget Proof of COVID-19 Vaccination:
Starting January 22, 2022, the Department of Homeland Security mandates that everyone arriving in the U.S. through land ports and ferry terminals at the U.S.-Mexico or U.S.-Canada border must be fully vaccinated against COVID-19. Be ready to present proof of vaccination if requested.
Selecting Your U.S. Entry Point: to Avoid TN Visa Denial
It is very important that you carefully choose the U.S. entry that you will use when you apply for the TN visa. It is crucial to understand where it is good to be depending on your travel and work plans. Some of the measures include pre-flight clearance or designated U.S. land ports of entry.
There is always a concern that there may be differences in the review of applications depending on the particular port of entry chosen. However, there is no evidence supporting such concerns. US Customs and Border Protection has done its best to maintain the consistency and thoroughness of the TN applications review process at all ports.
Aligning Your Application with the TN Eligibility Checklist
CBP introduced the TN eligibility checklist in 2014 which has greatly improved the organization and the overall process of applying at the border. This checklist is thus a helpful tool that helps break the interview process down into manageable steps and guidelines. As per the CBP checklist, a TN applicant at the U. S. /Canada border should be prepared to provide the following to the CBP officer:
Proof of Canadian Citizenship: Usually in the form of your passport or any other identification documentation that you may have.
Employment Offer Letter: For the Employment Offer Letter, ensure it’s written on the company letterhead and signed by an authorized representative. The letter should detail your job description, salary, benefits, and duration of employment.
Documentation of Qualifications: This includes a diploma, certification, or any other document that shows the experience desired for the particular position.
Information About Dependents: For family members joining you in your application for TD status, you must provide documents that demonstrate the relationship between you and your family members, such as a marriage certificate, birth certificate, or adoption papers. If any documents are in a language other than English, you must include a translation.
Whenever possible, carry original copies of your education and experience documentation, as CBP reserves the right to request these. If you’ve received a waiver of inadmissibility from U.S. immigration authorities, ensure you have documentation to prove this.
Document Requirements for Dependents to Avoid TN Visa Denial
If your spouse and children are applying for TD visas as dependents, it’s crucial to bring documents demonstrating their relationship to you and their Canadian citizenship, typically in the form of passports. Also, Include supporting documents such as marriage certificates, birth certificates, or adoption records, along with English translations if applicable.
If your family members plan to apply for TD visas separately after you secure your TN status, they must bring original documents that prove their relationship to you, as well as your TN visa stamp and I-94 showing your TN admission. They also need to provide evidence that you are maintaining your TN status, such as your most recent pay stubs or an employment verification letter signed by your employer.
Post-Approval Procedures to Avoid TN Visa Denial
Upon successful approval of your TN application by the CBP officer, certain procedures follow:
If you enter the U.S. via a land border, you will receive a paper Form I-94. Verify the accuracy of the expiration date before proceeding into the U.S. and request any necessary corrections immediately to prevent issues later.
Additionally, If you are approved at an airport preclearance location, you will receive an electronic Form I-94, accessible only online. It’s crucial to check the accuracy of the dates listed on the Form I-94 promptly. In case of errors, schedule an appointment at the nearest CBP deferred inspection site to rectify the Form I-94 as soon as possible.
Professions More Likely to Face TN Visa Denial
1. Misclassification of Job Titles
Applicants often misidentify their job titles, leading to denials. For instance, applying under the wrong category can result in rejection; for example, an “Animal Breeder” applying as an “Animal Scientist” may face denial due to the specific requirements of each category2. It’s crucial to ensure that the job title aligns precisely with those listed in the USMCA (formerly NAFTA) professions.
2. Insufficient Educational Credentials
Some professions require specific educational qualifications. For example, roles such as engineers, pharmacists, and medical professionals must have the appropriate degrees and licenses. If applicants cannot demonstrate that their qualifications meet U.S. standards or if their degrees are not recognized as equivalent, they may be denied.
3. Non-Qualifying Professions
If the job does not fall within the 63 approved professions under the USMCA, it will almost certainly lead to denial. Professions like “Management Consultant” can sometimes be ambiguous; if the applicant cannot clearly establish how their role fits into the defined categories, they risk rejection.
4. Incomplete or Inaccurate Documentation
Failure to provide complete documentation can lead to denial. This includes missing proof of citizenship, employment letters, or educational credentials. Applicants must ensure that all documents are accurately completed and submitted to avoid complications.
5. Previous Immigration Issues
Individuals with prior immigration violations or criminal records may face heightened scrutiny regardless of their profession. Such issues can lead to an automatic denial of a TN Visa application, particularly if they affect the applicant’s eligibility
In conclusion, securing a TN visa at the Canada/U.S. border demands meticulous preparation and attention to detail. By understanding the eligibility criteria, compiling comprehensive documentation, and adhering to the TN eligibility checklist, you can navigate this process smoothly and increase your chances of a successful application. Remember that each application is unique, and seeking legal guidance for complex immigration matters is advisable to ensure a seamless process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your U.S. application straightforward and successful. Whether you’re applying for an H-3 Visa or a B-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
