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TN Visa Attorney: TN Admissions for Citizens of Canada Tips 2013

Great update provided by AILA regarding TN Visa Admissions for Canadian Applicants. The fundamental and most valuable benefit to Canadians under NAFTA is the speed with which applications can be processed at the Port of Entry. You can arrive to the Border, present the application, pay the filing fee, and walk away with a record of admission (I-94) to evidence your newly acquired status. Unlike remote service center processing, this procedure also provides a rare opportunity to explain your application by having the chance to try to address the adjudicator’s concerns right on the spot. NAFTA frequently gives us this rare opportunity.

The North American Free Trade Agreement (NAFTA) allows certain Canadian and Mexican professionals to qualify for TN nonimmigrant classification in order to provide professional services in the United States.

A citizen of Canada may apply for TN classification concurrently with an application for admission at a U.S. Class A port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-clearance/pre-flight station. It is not necessary for a citizen of Canada to first apply for a TN visa at a U.S. consulate outside the United States.

A citizen of Canada may be admitted to the United States in TN status for up to three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible.

The period of admission for citizens of Canada should be for the full period of intended employment, up to three years. The period of intended employment should be indicated in the letter or similar statement supporting the application for admission and signed by the prospective employer.

Examples help to illustrate the appropriate period of admission for a Canadian TN nonimmigrant alien.

Example #1: A citizen of Canada applying for admission concurrently with an application for TN classification may present a letter from the prospective employer confirming that the intended period of employment will be for a period of three (3) years. The Canadian nonimmigrant alien may be admitted for a period of three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible.

Example #2: A citizen of Canada applying for admission concurrently with an application for TN classification may present a letter from the prospective employer confirming that the intended period of employment will be for a period of eighteen (18) months. The Canadian nonimmigrant alien may be admitted for a period of eighteen (18) months consistent with the intended period of employment, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible.

NAFTA continues to provide Canadian citizens with advantageous immigration opportunities. NAFTA should never be overlooked as an option for a professional Canadian seeking to do business in the United States. If you have any further questions, feel free to email my office.