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TN1 Visa for Canadians
Canadians can often gain entry to the US with greater ease
than others; this preferential treatment for Canadians is linked to treaty
provisions within the North American Free Trade Agreement (NAFTA). While there
are many NAFTA related visas, the most useful one is the TN1 visa. The TN1 visa was
modelled on the H1B; it may only be used where the employer is based in the US,
and the candidate is a professional in one of the categories listed on below.
Where a candidate, by their profession and nationality, qualifies for the TN1
visa, it has the following advantages over the H1B:
- It is granted for one year, but can continue to be renewed indefinitely.
- It can be applied for at the border with the US, and is usually granted
immediately.
- The documentary requirements and procedure is far less burdensome than the
US H1B visa on which the TN1 visa is based.
The TN1 visa is granted for a specific employer, and for more
than one employer multiple TN1 visa applications need to be made. Self-employed
professionals would not be able to come under this particular visa category, and
may consider the E2 Treaty Investor category under NAFTA.
While it is possible to apply under the TN1 visa with
minimal documentation, it is prudent for candidates to arm themselves with the
following documents at the border with the US:
- A description of the position from the US employer, confirming that the
position is temporary, and including full details of why it is a
professional occupation. This should also confirm that the candidate will be
a direct employee, and the salary level. Further, some information about the
nature of the employer's business should be included.
- Proof of the candidate's qualifications, including, where appropriate,
confirmation of the US equivalency of any foreign qualifications. This
confirmation is generally obtained by a qualified credentials evaluator or
US academic, and must be accompanied by verbatim translations of any
certificates/transcripts in languages other than English.
- A copy of the candidate's resume (curriculum vitae).
- The original Canadian passport, and, if relevant, copies of the
candidate's previous passports, visa stamps, and I-94s.
- Details of the candidate's Social Security Number
- Details of the candidate's foreign address
- A copy of the employment contract.
- Details of the employing company, including proof of ability to pay the
wages offered.
- If relevant, a license enabling the candidate to work in the US.
The following professionals can qualify under the TN1
category:
- Accountant
- Architect
- Computer
- Disaster relief insurance claims adjuster
- Economist
- Engineer
- Forester
- Graphic designer
- Hotel manager
- Industrial designer
- Interior designer
- Land surveyor
- Landscape architect
- Lawyer
- Librarian
- Management consultant
- Mathematician
- Range manager/range conservationist
- Research assistant
- Scientific technician/technologistSocial
worker
- Sylviculturist
- Technical publications writer
- Urban planner
- Vocational counsellor
- Medical/allied professional (dentist,
dietician, medical laboratory technologist, nutritionist, occupational
therapist, pharmacist, physician, physical therapist, psychologist,
recreational therapist, registered nurse and veterinarian)
- Scientist (agriculturist, animal breeder,
animal scientist, apiculturist, astronomer, biochemist, biologist,
chemist, dairy scientist, entomologist, epidemiologist, geneticist,
geo-chemist, geologist, geophysicist, geologist, geophysicist,
horticulturist, meteorologist, pharmacologist, physicist, plant breeder,
poultry scientist, soil scientist and zoologist)
- Teacher (college, seminary, university)
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