TN-1 VISA

According to the North American Free Trade Agreement, (NAFTA), Mexican and Canadian professionals are eligible to apply to enter the U.S.A under the TN visa order. 

The TN rule for Mexican professionals is the same as the H-1B visa process (including the 3 to 4 months of visa processing duration). 

The TN visa process for Canadian professionals does not ask for USA Department of Labor (DOL) certification of a Labor Condition Application or any kind of prior approval from the Immigration and Naturalization Service (INS) of any appeal. 

The effect is that qualifying Canadian citizens qualified in one of a proclaimed list of professions may get TN1 visa status as well as enter the U.S.A. within one day by applying at the U.S. port-of-entry.

Applications for sections of the TN-1 status for Canadian experts may be listed with the USCIS through the mail. They are usually prepared in 2 to 3 months or can be executed directly at the border. 

Requirements for TN-1 Status 

1. Evidence of Canadian nationality. Canadian Landed Immigrants or non-Canadian nationality must apply for the H-1B status.
2. Proof that the expected U.S.A. employment as well as the applicant quality following Schedule 2 of NAFTA. (A listing of professionals that qualify under Chapter 15, Schedule 2, of NAFTA)
3. Applicants must indicate to involve in employment at a professional level. The employment has to be prearranged by a U.S.A. organization or institution.
4. A letter from the U.S.A employer describing the characteristics of the employment. TN-1 status is allowed for only one employer at a time for a particular kind of work. For many employers, multiple TN-1 applications need to be filed.
5. Self-employed experts are restrained from getting TN-1 status, and the USCIS has instructed its field offices that E-2, treaty investor order may be a suitable alternative for those kinds of Canadian professionals.

Benefits of TN-1 Status

1. TN-1 visa is usually granted in three-year increments. Besides that, you can get unlimited renewals.
2. You won’t be asked for any form. Moreover, it can be obtained in person directly at the U.S. border.
3. Sometimes TN-1 status is accessible to some people who may not suit for H-1B status.

TN-1 Checklist While Crossing The Border 

1. Evidence of Canadian citizenship through Birth Certificate and/or Original Passport.
2. Employment agreement from the U.S.A. Employer – describing position, duties, and employment dates (please note that employment agreement has to be temporarily not permanent).
3. Professional Certification or license. (if relevant).
4. $50.00 (money order or cash).
5. Proof of academic degrees like Diploma (original and xerox) 

NOTE: TN-1 status may be received at any of the U.S.A. Port of Entry along with the Canadian border. Some border exchange offices are more experienced with the TN-1 status than the others. It is always safer to have too much documentation than too limited. Original papers should be presented whenever possible.

TN Application Process

STEP 1: The hiring authority must submit the TN eForm to the UC International Services with the following documents:

1. A letter, endorsed by the Head of the Department, inscribed to the employee, declaring the dates of the employees asked for the TN status (It won’t exceed 3 years), the wages being proposed, and a summary of job responsibilities which confirm that the job demands at least a bachelor’s degree in a particular field of study. 
2. A letter to Homeland Security explaining how the employee qualifies for the TN status. 
3. A draft made out to the Department of Homeland Security for $325.00 (if the candidate is inside the U.S. and does not intend to get TN status at the border). 

STEP-2: The proposed employee must present the following stuff with the eForm application:

1. A xerox of the highest diploma obtained and relevant transcripts. If the degree is not from a university inside the U.S.A, the. U.K., Canada, or Australia, an evaluation of the comparable U.S.A degree needs to be presented.
2. Personal information such as:

• Curriculum vitae; 
• Xerox of all current immigration papers (visa, passport, and I-94 card) if the employee will not be asking for the TN at the border. 
• if applying from inside the U.S.A. and the applicant has dependents (children or spouse), Form I-539, and xerox of all latest immigration papers (visa, passport, and I-94 card) for dependents.

STEP 3: Upon receiving the eForm and full documentation listed in Steps 1 and 2, UC International Services will: 

1. Get the I-129 application ready if the employee will not be migrating to the border to get TN status. 
2. Convey the employee directions for check-in and onboarding if getting TN status at the border. 

It is justified that the employee always obtains TN status by going to the Canadian/U.S.A. border as there are no application charges to the University for this and the status can be achieved within one day. An application requested in the country to Homeland Security will take almost four months to get approved

Ulani Uriah

Umar Nisar was born and raised in the busy city of Abbottabad. As a journalist, Umar Nisar has contributed to many online publications including PAK Today and the Huffing Post. In regards to academics, Umar Nisar earned a degree in business from the Abbottabad UST, Havelian. Umar Nisar follows the money and covers all aspects of emerging tech here at The Hear Up.

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