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Who is Eligible?
- A Canadian citizen who seeks temporary entry as a professional may be admitted to the United States under the provisions of Appendix 1603.D.1 of Chapter 16 of NAFTA on a TN visa (see List of Professionals). This classification of work visa is limited to Canadian professionals employed on a professional level. Activities at a “professional level” mean those undertakings that require an individual to have at least a baccalaureate degree or appropriate license demonstrating status as a professional is generally defined as a person with a minimum of a bachelor’s degree where the job requires this degree as its minimum entry-level requirement. Unless otherwise specified, a bachelor’s degree of three or four years is the minimum requirement for professionals. On the List of Professionals, Canadian management consultants are required to have either a bachelor’s degree or “five years of experience in consulting or related field”. A management consultant should generally not be a regular, full-time employee of the entity requiring service. There are, however, instances where full-time employment is a possibility. In these cases, the management consultant should not be assuming an existing position, replacing someone in an existing position, or filling a newly created permanent position. In short, the management consultant should either be an independent consultant or the employee of a consulting firm under contract to a U.S. entity, or the consultant, if salaried, should be in an extra temporary position. Management consultants provide service that are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, or operation. Unlike business persons and professionals listed in the “general service” business visitor category, professionals are permitted to be employed in the United States by either Canadian or U.S. companies and receive remuneration in the United States. Athletes and entertainers are specifically omitted from the List of Professionals. Also, self-employment is specifically precluded from TN status.
How to Apply
- Filing for a TN visa must be made at a Class A port of entry or at a U.S. preflight inspection (PFI) station. The application fee for a TN visa application is $50 and approval of the visa can be obtained the same day or few days before the day of intended travel. Always check for local rules at the border or airport where you intend to apply. Labor Dispute Denial - A citizen of Canada may be denied TN visa status if the Secretary of Labor certifies to the INS Commissioner that a strike or other labor dispute involving a work stoppage of workers is in progress at the place where the alien is or intends to be employed; and the temporary entry of the alien may adversely affect either the settlement of any labor dispute that is in progress at the place or intended place of employment or the employment of any person who is involved in such dispute.
Documentation Requirements
- To demonstrate business activity at a professional level, the applicant must submit documentation in the form of a job offer letter from the prospective employer in the United States or Canada, as well as supporting documents such as licenses, diplomas, degrees, certificates, or membership in professional organizations. As set out in the Immigration and Naturalization Service (INS) regulations under NAFTA, the documentation should confirm the following: The nature of the professional activity The purpose of entry The anticipated length of stay The educational qualifications or appropriate credentials that demonstrate that the Canadian citizen has professional status That the Canadian citizen complies with all applicable state laws and/or licensing requirements for the occupation The arrangements for remuneration for services to be rendered.
Spouses and Minor Children
- A Canadian or non-Canadian spouse or unmarried minor child of a TN visa holder is entitle to a TD classification and the same length of stay as the principal. A visa from a U.S. consulate is required when applying for admission for a non-Canadian citizen, while a border crossing identification card (Form I-94) is issued to a Canadian citizen. The spouse and unmarried minor children cannot accept employment in the United States. There is no fee for admission of the spouse and dependent minor children. Servants of TN visa holders can receive a B-1 visa.
Duration of the Visa
- A TN visa is granted for up to one year. At the end of each one-year period, the Canadian citizen may reapply for another TN visa. There is no maximum term except for management consultants who may be employed only for the term of the consulting agreement, generally no more than one to three years. An extension of a TN visa can be filed in the U.S. only at the INS Nebraska Service Center.
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