TN Visa Overview For Canadians

The TN Visa is the nonimmigrant visa category for• TN status can be obtained immediately at a port
professional workers from Canada and Mexicoof entry instead of having to be submitted ahead of
whose specific occupations appear on the scheduletime by mail, which could take anywhere from weeks
created by NAFTA (Appendix 1603.D.1 of NAFTA).to months
The TN Visa category (technically, for Canadians, the• There are no quotas or lotteries with TN status,
TN is a status and not a visa) is particularly beneficialas there are with H-1Bs
for Canadians since they can adjudicate their• There is no cap on TN renewals, whereas H-1B
applications directly at a port of entry without obtainingand L-1 have time caps
prior USCIS approval or a visa. Included in the• Renewal of TN can either be done quickly at a
occupation list are numerous professions, ranging fromport of entry or through the mail
accountants, architects, computer analysts, and social• Labor Certification is not required
workers to those falling within the medical and science• TN status may be available to some people who
professions, such as pharmacists and physicians anddo not qualify for H-1B status
astronomers and biologists.TN Visa 3 Year Rule Change
TN Visa RequirementsOn October 14, 2008, the USCIS increased the
The TN requirements for Canadians are as follows: 1)maximum period of time a TN professional worker
The applicant must be a Canadian citizen and presentfrom Canada or Mexico may remain in the U.S. before
evidence of his/her Canadian citizenship in the form ofseeking readmission or obtaining an extension of stay
a passport; 2) The occupations created by NAFTAfrom one year to three years. This rule is terrific for
either require that the applicant have a Baccalaureatethose who qualify for TN status as they may now be
degree or a post-secondary diploma oradmitted for periods of up to three years and they
post-secondary certificate and three yearsmay also receive extensions of stay for periods of up
experience; and 3) The prospective position requiresto three years instead of the prior maximum period of
someone in that professional capacity.one year. After being approved for the TN status at a
TN Visa Application Processport of entry the applicant will receive an I-94 card
The process of applying for and acquiring a TN workvalid for up to three years noting the TN category and
status (technically speaking TN is a status and not aU.S. employer.
visa) is one of the quickest processes of all the U.S.TN Visa Renewals
work visas/statuses. Initial TN applications should beRenewing the TN status can either be made internally
made at a port-of-entry, whether it is at a land borderby mailing an application to the Vermont Service
or an airport. The applicant for the TN status will needCenter prior to the deadline of the current I-94 or, as
to show citizenship and how he or she meets thean alternative, the applicant can go to a port of entry
criteria for the profession, which may at the very leastand apply for readmission under TN classification on
include a diploma/s and a resume, referral letters fromthe spot (this works like a renewal, but technically you
previous employers, and even examples of previousare making a new application when you go to a port
work done. In addition, the applicant will need to showof entry). A TN status holder is permitted to work
information pertaining to the position for the U.S.during any overlap between the expiration of the
employer. The most persuasive evidence of this wouldstatus and an application made for a renewal (not to
be a detailed letter from the employer describing theexceed 240 days and only applies when renewing
position and its duties.through mail).
TN Visa Advantages