Every single detail concerning the TN visa availability for Canadians defines this process as a potential enabler of professional activity within the territory of the United States. The TN Visa, created under the NAFTA Treaty and now submerged under the USMCA, clears the way for Canadian professionals to obtain a U. S. Non-immigrant Visa. This article will be on the various procedures that Canadians intending to apply for the TN visa need to go through, and important information on how to apply for a TN visa.
Understanding the TN Visa
Originally, the TN visa allowed individuals from Canada (and Mexico) who meet the specific criteria of their profession on the LCA to enter the United States at a professional level. Many Canadians prefer this visa over conventional work visas like the H-1B, especially when seeking part-time job opportunities in the U.S. Despite these points of differences between NAFTA and the USMCA, the changes in the qualifying professional list do not have significant differences from the initial list of TN occupations.
Eligibility Assessment
However, here is a quick overview of the process that one needs to understand if they are qualified to apply for a TN visa. To do this, review the article titled “A TN Visa to the U. S. From Mexico or Canada: Interested applicants can consult the article entitled “Who Qualifies?” to know the means and professions that meet the TN standards. Therefore, if you are certain that you meet the requirements for entry you may go on to the next step which is applying for the available course.
Application Process for Canadian TN Worker Coming From Canada
Port of Entry Application
Canadian professional workers have the advantage of having the opportunity to apply for this TN visa upon arrival at any other available port of entry in the US. No matter if you’re going to travel through a land border, at a U. S. airport, or if you’re at a Canadian international airport trying to get to the preflight inspection areas that are in the United States, it all starts there. A Permit to Travel document will be reviewed by a U. S. Customs and Border Protection (CBP) officer who, after reviewing your application will admit entry into the United States.
Unlike formal application forms, you will never be And, as of June 2018, the fee you have to pay is $50, or $56 for those entering via a border checkpoint in a car. This allows the applicant to be admitted to the US under TD status if entering the US accompanied by the applicant’s spouse and any unmarried minor children. It means that for family-based sponsorship, it is important to prove that you are related to the entrant by presenting documents like marriage or birth certificates.
Handling Denials
Sometimes, you may be denied entry at the border as an immigrant, so your strategy might be as follows: the suggested course of action would be to go back to get the required documents to satisfy the immigration officer. For your second application, it’s better to return to the same port of entry you used for your first application since you might meet the same CBP officer who processed your file. If that officer is unavailable, a new officer will review your application.
However, if an applicant comes to the border only to get a TN visa denial, then he/she can apply in advance through the U.S. Citizenship and Immigration Services (USCIS). Here F, one would be required to provide USCIS approval notice when applying for a U. S. admission.
Application Process for Canadian TN Worker Already in the U.S
If you are legal in the United States and you meet the TN visa requirements then your employer in the United States of America can petition for a change of status of your visa. This requires completion of a Form I 129 petition and payment of the relevant fee (these fees are subject to change – do check on the US Citizenship and Immigration Service Website USCIS for Vermont Service Center for the most recent fee rates).
As much as this process occurs in the United States, it has the added benefit of not requiring a person to meet the CBP officer in person at the border, which is always a nerve-wracking event. Employers, particularly those at US-Canada border stations or large Canadian international airports, often function with different degrees of skepticism or aggression towards Canadian TN visa seekers.
Documents Required for TN Status Application
When applying for TN status, you will need specific documents to support your application. Ensure you have the following:
Valid Canadian Passport: A prerequisite for TN visa eligibility.
Job Offer Letter: This letter should detail your proposed employment, including job duties, requirements (such as education or licensure), work location, salary, benefits, and the expected duration of employment (up to three years).
Evidence of Professional Qualifications: You must demonstrate your qualifications to work at a professional level. This can include college degrees, licenses, memberships, or other relevant credentials that establish your professional status.
Profession Eligibility: Your chosen profession must align with those listed in 8 C.F.R. Section 214.6.
When sending these items to USCIS, make sure to provide copies rather than originals, as sending originals may result in permanent loss.
Entering the U.S. on a TN Visa
Upon entering the United States on a TN visa, Canadian applicants must pay a fee of $50 (or $56 for those crossing the border by car). Subsequently, you will receive an electronic I-94, indicating an authorized stay of up to three years. Importantly, this period can be extended in three-year increments without leaving the United States.
To request an extension, your employer must file USCIS Form I-129, accompanied by the same supporting documents used in the initial application, with the USCIS Vermont Service Center. Alternatively, if you are comfortable departing the U.S., you can seek an extension by visiting a U.S. consulate in Canada before your TN status expires.
What are the most common reasons for TN visa denials
The most common reasons for TN visa denials primarily revolve around issues related to documentation, eligibility, and misinterpretation of requirements. Here are the key factors that can lead to a denial:
Inadequate Documentation:
Applicants often fail to provide the necessary supporting documents required for a TN visa application. This includes proof of Canadian citizenship, a detailed TN support letter from the employer, and evidence of educational qualifications. Missing or incomplete documentation can significantly hinder the application process.
Job Position Not Qualifying:
The job offered must align with one of the professions listed under the USMCA (formerly NAFTA). If the applicant’s job title is not recognized or does not match the duties of a qualifying profession, the officer may deny the application. For example, applying for a position under a category that does not accurately reflect the job responsibilities can lead to rejection.
Incomplete or Inaccurate Information:
Applications that contain errors or lack clarity regarding how the applicant meets USMCA requirements are at risk of denial. This includes failing to adequately explain how their qualifications and job duties correspond to the listed professions.
Ineligibility of the Applicant:
Applicants must meet specific eligibility criteria, including being a citizen of Canada or Mexico and having a bona fide job offer in a qualifying profession. Any discrepancies in these requirements can result in denial.
Erroneous Legal Advice:
Relying on inaccurate legal guidance can lead to improper preparation of applications, resulting in denials. It is crucial to seek advice from professionals who specialize in TN visas to avoid misunderstandings about the process
In conclusion, understanding the TN visa application procedures for Canadians is essential for professionals seeking temporary employment opportunities in the United States. Whether you are applying from Canada or are already in the U.S., adhering to the specific requirements and procedures outlined in this guide will help you navigate the process smoothly. Remember that each case is unique, so it’s advisable to seek legal counsel when dealing with complex immigration matters to ensure a successful application process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your TN Visa Process straightforward and successful. Whether you’re applying for H-1B Visa or E-2 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, coordinating 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.
