TN-1 Canadian Nationals

The North American Free Trade Agreement (NAFTA) created specific trade visas for immigrants between the U.S., Canada and Mexico. Canadians who wish to live in the United States for business reasons must pursue a TN visa. If you are a qualified Canadian professional wishing to pursue a TN-1, it’s advised you contact an experienced attorney. 

The United States immigration process can be extremely confusing. You will be required to collect important documents and navigate the complex TN application. However, it may be beneficial for you to obtain a TN-1 for business. You will not be required to renew your visa until three years and may be able to gain TN-1 status at the border. 

Lawyer for TN-1 Visa in The Woodlands, Texas

Applying for a trade visa can be a lengthy and complicated process. An experienced immigration attorney can ensure your application is correctly filled out. Contact Luis F. Hess today to speak to a skilled immigration attorney. 

Luis F. Hess is an experienced attorney who’s passionate about immigration law. He is the son of immigrants and values the business that foreign business men and women bring to the United States. Call Luis F. Hess, PLLC today at (281) 205-8540 to schedule a free consultation. 

Attorney Luis Hess practices law throughout the greater Montgomery County area including Conroe, Panorama Village, The Woodlands and Oak Ridge North.

Overview of TN-1 Canadian Visa  


Who Qualifies for a TN-1 Visa?

TN is a temporary nonimmigrant visas that were based on the provisions of the Free Trade Agreement between the United States, Canada and Mexico. It’s important to note that a TN is for aliens who don’t wish to pursue citizenship. A TN visa is used for a temporary business purpose.

Not all Canadian citizens are eligible for a TN visa. A Canadian citizen must meet the following criteria to obtain professional nonimmigrant status. 

  • They are a Canadian citizen;
  • Their profession is one of the careers listed in NAFTA;
  • The U.S position requires a nonimmigrant professional;
  • They are not self-employed; and
  • They have the appropriate degree for the profession.

How Do I Apply for TN Status?

As a Canadian citizen, you’re not required to apply for a TN at a U.S. consulate. Instead, you can gain TN status by presenting the correct documentation to the U.S. Customs and Border Protection (CBP). While at the port of entry you must present:

  • Proof of Canadian citizenship
  • A letter from your prospective employer;
  • Undergo a credentials evaluation; and
  • Pay any applicable fees.

The letter from your employer must detail items such as your purpose for employment, length of stay and educational qualifications. You will be required to undergo the inspection and admission process at the port of entry. While at the port you will be required to present documents to prove your citizenship and credentials. 

You can also apply for TN through your employer. A prospective TN employer can file on your behalf with an I-129 Petition for Nonimmigrant Worker. Your employer will be required to pay a filing fee of $460 and submit evidence that you’re qualified for the position. This evidence includes, but is not limited to: 

  • A letter from your employer that stating your position, length of stay, and the arrangements for your compensation;
  • Copies of your last two pay stubs and W-2; and
  • Evidence that you meet the requirements such as a bachelor’s degree.

The I-129 form must be filed at the Service Center in the state you wish to live in. For example, if you wish to work in the state of Texas, you’ll likely file your I-129 at the Texas Service Center (TSC). Most attorneys will recommend that you obtain a TN-1 at the border. This is because filing an I-129 is a much longer process than applying for TN status at the border.


Requirements for TN-1 Status in the U.S.

Whether you apply at the border or through your employer, you will need to bring some documentation. Homeland Security requires nonimmigrants to bring identifying information for themselves and their employment to gain TN status. 

Listed below are the required documents you must bring when applying for a TN-1. 

  • Proof of Citizenship
    • Examples: Birth certificate, passport, or Canadian driver’s license.

  • Evidence of Employment
    • Examples: Pay stubs, letter from employer or W-2.

  • Evidence of Credentials
    • Examples: Bachelor’s degree, master’s degree, or PhD.

  • Letter from Employer
    • The letter must include the type of work, your occupation, the duration of your stay and your qualifications.

Restrictions for TN Visa Status

All visas carry restrictions for both immigrant and nonimmigrants. If you wish to maintain TN-1 status you must adhere to the following:

  • You must perform your duties for your profession;
  • You cannot participate in a labor strike or dispute;
  • You must file for new TN employment authorization to work for a different employer;
  • You cannot be terminated from your employer;
  • You cannot be self-employed and maintain TN-1 status; and
  • You must renew your TN status every three years.

Professions for TN-1 Nonimmigrants

Only certain professionals can gain TN-1 status. If you work in one of the following professions, you can apply for TN-1 status. 

  • Accountant
  • Architect
  • Computer Systems Analyst
  • Economist
  • Interior Designer
  • Industrial Designer
  • Lawyer
  • Land Surveyor
  • Landscape Architect
  • Forester
  • Graphic Designer
  • Hotel Manager
  • Disaster Relief Insurance
  • Vocational Counselor
  • Social Worker
  • Technical Publications Writer
  • Forestry Specialist
  • Urban Planner
  • Mathematician
  • Research Assistant
  • Scientific Technician
  • Range Manager
  • Librarian
  • Management Consultant
  • Dentist
  • Veterinarian
  • Registered Nurse
  • Psychologist
  • Recreational Therapist
  • Nutritionist
  • Occupational Therapist
  • Pharmacist
  • Physiotherapist
  • Medical Technologist
  • Agriculturist
  • Animal Breeder
  • Biochemist
  • Apiculturist
  • Animal Scientist
  • Biologist
  • Chemist
  • Dairy Scientist
  • Entomologist
  • Geochemist
  • Teacher
  • Zoologist
  • Plant Breeder
  • Geophysicist
  • Horticulturist
  • Meteorologist
  • Pharmacologist
  • Poultry Scientist
  • Soil Scientist
  • Geneticist
  • Geographer
  • College professor 

Additional Resources

TN NAFTA Professionals – Visit the official website for U.S. Citizenship and Immigration Services to find more information about TN-1 visas. Access the site to learn more about eligibility for Mexican citizens, how I-129 forms work and links to the official immigration forms.

TN Permit for Canadians – Visit a document provided by the University of Cincinnati detailing TN-1 status. Access the document to learn the advantages of TN-1 versus HB-1, recommended documents to bring to the border and a TN-1 completion check-list.


Lawyer for Canadian Visa in Montgomery County, TX

If you or a loved one is trying to gain a TN-1 visa, then it’s important you contact an experienced immigration attorney. The United States has a confusing immigration system that can be overwhelming. One mistake could force you back across the Canadian border. 

Don’t throw away a career opportunity. Contact Luis F. Hess for assistance with your TN-1 application. Attorney Luis F. Hess has years of experience in immigration law. He can help you collect the right documents and file your application correctly. Call us today at (281) 205-8540 to schedule a free consultation. 

Luis F. Hess, PLLC accepts clients throughout The Woodlands area and surrounding communities including Houston, Shenandoah, Conroe and Magnolia.


This article was last updated on December 21, 2018.

 

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