TN STATUS: Canadian Professionals working in the U.S

The North American Free Trade Agreement (NAFTA) contains provisions that enable Canadians to obtain temporary U.S. work permits on an expedited basis.

Under NAFTA, a Canadian Citizen who has a temporary offer of employment in the United States may qualify for a TN-1 visa. TN visas are valid for a period of one year. However, they can be renewed on an unlimited basis.

In order to qualify for a TN, applicant’s must have experience and meet the educational requirements of an occupation on a list of occupations that appear in Chapter 15, Schedule 2 of NAFTA.

Procedural Advantages of a TN
Perhaps the most attractive aspect of a TN status over other types of visas such as the H-1b Visa is that applicants can obtain TNs right at the a U.S./Canadian port of entry. Applicants are required to appear at the border with the necessary documentation in support of their visa. An immigration official will review the documentation and, if that officer is satisfied that the applicant qualifies for the TN, the visa issued on the spot!

Who is Eligible for a TN Visa?
Only Canadian Citizens (and Mexicans) are eligible for a TN visa. Permanent residents or landed immigrants are not eligible.

Documents Required for TN Status

1. Proof of Canadian Citizenship (Birth Certificate or Passport)

2. Evidence that the intended employment/business activity and the applicant qualify under Chapter 15, Schedule 2 of NAFTA. This means that the applicant is required to provide:
   1. A temporary Offer of Employment from a prospective U.S. employer;
   2. Copies of relevant educational degrees, diplomas and certificates
   3. Letters of reference from previous or current employers confirming your experience in your occupation (if applicable)

The intended business activity must be of a professional nature and must be pre-arranged. In most cases, but not always, applicants will require a baccalaureate degree which is recognizable as required to practice in the applicant’s profession.

Since TN Status is of a temporary duration, applicants should also provide proof of ties to Canada which demonstrate their non-immigrant intent.

Nothing on this or associated pages, documents, articles or other communications should be taken as legal advice for any individual case or situation.  The information is intended to be general and should not be relied upon for any specific situation.  For legal advice, consult an attorney experienced in immigration law.