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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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TN-1
Application Guidelines
In order to prove these requirements, the following items should
be a part of every application package presented at the port of entry. In many cases,
additional information specific to the applicant’s situation should be submitted.
- Filing fees of US$56.00. (This may vary, and it is wise to
call INS beforehand to determine the exact fee.
- Petitioner’s supporting letter written by an official of
the applicant’s intended employer. This letter should describe the nature of
Petitioner’s business, the revenues generated or volume of trade, proof of the
temporary need for employee with applicant’s qualifications, a job description,
applicant’s professional qualifications, amount of remuneration, and the temporary
nature of the job.
- College transcripts, copy of degree
- Canadian passport
- Copies of any applicable licenses (i.e., lawyer, CPA, etc.),
or in the alternative, an explanation of why no license is required to perform services in
the intended state of employment.
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Dependents
The spouse and unmarried minor children of the TN-1 visa
holder may be admitted to the United States in TD (Free Trade Dependant) status. No fee is
charged. Proof of relationship to the TN visa holder must be provided. No work
authorization is available to holders of TD visas.
Canadians and dependents are issued I-94
cards stamped "multiple entry" which allow them to leave and re-enter the United
States without reapplication for this visa status.
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Extension of Stay in
TN-1 Status
Extensions of TN-1 visas may be applied for in the United States
or upon re-entry into the United States. Extension materials for applications in the U.S.
include the following:
Dependents apply for extension in the United
States on form I-539 with $75 initial fee plus $10 for each additional dependent
In order to extend upon re-entry, the
applicant should return to a port of entry and submit an updated company letter and pay
the US$56 fee.
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Professionals Who
Qualify - Exhibit A
-
Accountant (baccalaureate, CPA, CA, CGA, or
CMA)
- Agriculturist/Agronomist
- Animal breeder
- Animal Scientist
- Apiculturist
- Architect (baccalaureate or state/provincial license. Also see
Landscape Architect, below)
- Astronomer
- Biochemist
- Biologist
- Chemist
- Computer systems analyst Must have: baccalaureate or post secondary
diploma and three years' experience
- Dairy Scientist
- Dentist (DDS, DMD, or state/provincial license)
- Dietician (baccalaureate or state/provincial license)
- Disaster Relief Insurance Claims Adjuster Must have: baccalaureate or
3 years' experience in claims adjustment, and completed training in appropriate areas of
insurance adjustment pertaining to disaster relief claims
- Economist
- Engineer (baccalaureate or state/provincial license)
- Entomologist
- Epidemiologist
- Forester (baccalaureate or state/provincial license) (Also see
Sylviculturist, below)
- Geneticist
- Geochemist
- Geographer
- Geologist
- Geophysicist
- Graphic Designer Must have: baccalaureate or post secondary diploma
and three years' experience
- Horticulturist
- Hotel Manager Must have: baccalaureate in hotel/restaurant management
or post secondary diploma in hotel/restaurant management and three years' experience in
hotel restaurant management
- Industrial Designer Must have: baccalaureate or post secondary
diploma and three years experience
- Interior Designer Must have: baccalaureate or post secondary diploma
and three years' experience
- Land Surveyor (baccalaureate or state/provincial/federal license)
- Landscaping Architect
- Lawyer (member of state/provincial bar, or LLB, JD, LLL, or BCL)
- Librarian (MLS, or BLS. BLS must be one for which another
baccalaureate degree was a pre-requisite)
- Management Consultant Must have: baccalaureate or five years'
experience in consulting or related field.
- Mathematician
- Medical Technologist/Medical Lab Technologist (Canada)/ Must have:
baccalaureate or post secondary diploma and three years' experience (U.S. job must be in a
laboratory to perform chemical, biological, hematological, immunologic, microscopic, or
bacteriological tests, and analyses for diagnosis, treatment or prevention of disease)
- Meteorologist
- Nurse, Registered (must have state/provincial license)
- Nutritionist
- Occupational Therapist (baccalaureate or state/provincial license)
- Oceanographer
- Pharmacist (baccalaureate or state/provincial license)
- Pharmacologist
- Physician (teaching and/or research only, MD or state/provincial
license)
- Physicist
- Physio/Physical Therapist (baccalaureate or state/provincial license)
- Plant Breeder
- Poultry Scientist
- Psychologist (must have state/provincial license. Cannot qualify with
just baccalaureate degree)
- Range Manager/Range Conservationist
- Recreational Therapist
- Research Assistant (baccalaureate and must work in a post-secondary
educational institute)
- Social Worker
- Soil Scientist
- Statistician
- Sylviculturist/Forestry Specialist (also see Forester, above)
- Teacher (baccalaureate degree: must be coming to work for a college,
seminary or university only); no secondary or elementary school teaching.
- Technician or Technologist, Scientific. (E.g.: Electronic engineering
technician.) Must: work in direct support of professionals in one of these disciplines:
biology, chemistry, engineering, forestry, geology, geophysics, meteorology, physics,
possess theoretical knowledge of discipline, and solve practical problems in discipline,
or apply principles of the discipline to basic or applied research
- Urban Planner
- Veterinarian (DVM, DMV, or state/provincial license)
- Vocational Counsellor
- Writer, Technical Publications (Technical Publications Writer) Must
have: baccalaureate or post secondary diploma and three years' experience
- Zoologist
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content of this page for general informational purposes only. You should not substitute
this information for personal consultation with a qualified professional in the field, nor
should you rely upon this information in taking any action. No attorney-client
relationship will be created through your use of this Web site, nor from any response from
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