General Information
TN-1 is the current designation for visas for Canadian citizens who intend to temporarily work in the United States. Both the intended activity and the applicant must qualify under Schedule 2 of the North American Free Trade Agreement (NAFTA). The TN-1 provides some major advantages over the H-1B. Although the TN-1 is granted for only one year periods, the number of renewals permitted is currently unlimited. There are no forms required for issuance of a TN-1, and TN-1 is obtained at the border, in person, without having to submit the visa application by mail as with other visas.
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Duration of Stay / Cost
An individual with TN-1 status can live and work in the United States for up to one year and can renew the status for additional periods of one year each. There is no ceiling on the total number of years that a person with TN status can work in the United States. However, it is unlikely the INS would renew TN status indefinitely as the nature of the visa is temporary.
Because of the ease at which TN-1 visa status can be obtained, the costs involved are minimal. There are no attorney fees, and the only costs are the filing fees assessed at the border. Currently, the fees are US$56.00. Specifically, there is a US$50.00 filing fee for the TN plus an I-94 fee of US$6.00.
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Lead Time and Transferability
The processing time for a TN-1 visa is immediate. Specifically, a well-documented application takes from 20 minutes to one hour. An INS officer immediately decides the fate of the application at the port of entry.
Applications for TN-1 status are handled by special NAFTA officers located at major airports in Canada with INS pre-clearance facilities and at class "A" land ports of entry. If applying at an airport, the applicant should call the airport to find out the time-allowance requirements for processing; some airports require that application be made a few days in advance of the applicant’s flight, while others require only a few hours for processing.
Using Form I-94, any number of entries and re-entries are permitted during the year, as long as the same employer and originally intended business activity are involved. TN-1 visas, similar to H-1B visas are non-transferable. If an individual desires employment separate from his/her current position, such individual must re-apply at the port of entry.
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The TN-1 Process
With TN-1 status, professional Canadians can access the U.S. market with even greater ease and U.S. employers can freely recruit throughout Canada. When a recruiter representing a U.S. employer wants to bring a Canadian candidate to work in the U.S. as a contractor, the recruiter should ask some important questions to ascertain if the candidate is eligible, and the candidate’s intended activity meets those outlined under NAFTA.
No two immigration cases are identical, although the basic requirements usually are similar. The process begins with the recruiter faxing in to Top Echelon a TN Position Information Form. This form is substantially shorter than the H-1B Position Information Form. The form is utilized so that Top Echelon can draft a supporting letter for the candidate to present at the port of entry.
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Requirements for TN-1
The applicant must be a Canadian citizen.
The applicant must provide evidence that the intended U.S. business activity and the applicant qualify under Schedule 2 of NAFTA. A list of professionals who qualify is attached as Exhibit A.
The applicant must provide proof of possession of a license to practice his/her profession in the U.S., if one is necessary in the U.S. state where employment is located.
The applicant must provide documentation of remuneration arrangements with U.S. employer.
The applicant must show the U.S. employment will be temporary.
There can be no strike or lockout from a labor dispute in applicant’s job at the worksite.
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Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. To apply for visa, please see the requirements under the section Mexican Citizens- Applying for a TN Visa- Required Documentation.
A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:
Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;
Employment Letter - Evidence of professional employment. See Employment Letter below;
Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
Proof of ability to meet applicable license requirements;
Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;
Fee of U.S. $50
http://travel.state.gov/visa/temp/types/types_1274.html#5