The North American Free Trade Agreement (NAFTA) created TN visa system to handle the course to a visa for professional-level workers from Canada and Mexico.
The United States-Mexico-Canada Agreement reinstated NAFTA, including the terms that administer the TN visa. The TN laws can be discovered in Chapter 16 of the USMCA, and they remain mostly identical as were given in NAFTA with only minor modifications to the list of professions that qualify for TN visa status.
The TN visa Canadians allow a more straightforward way to get a U.S. nonimmigrant (temporary) visa than conventional work visas like the H-1. Although the primary visa conditions are the same for both Mexican and Canadians, the systems to get the visa are different depending on which country you are from.
As a consequence of the COVID-19 pandemic, the U.S./Canada and U.S./Mexico borders have closed for all insignificant travel. The Department of State informs that necessary travel includes passing the border to traveling or work in the U.S. to engage in cross-border trade.
Other non-employment associated activities such as joining in military-related travel, traveling to join education organizations, traveling for emergency acknowledgment and public health objectives, joining in official government or diplomatic travel, and joining the U.S. for medical purposes are also recognized necessary travel.
People trying to get a TN visa to work in the U.S. are yet able to get work permission despite the closures, but due to the necessary travel terms, TN applicants might endure expanded scrutiny to assure that their travel is necessary. However, as of summer 2020, these travel limitations do not apply to air travel.
Application Method for Canadian TN Worker Arriving From Canada
In order to apply,
The Canadian worker (if in Canada) just goes right to any open U.S. port of entry (land border passage, U.S. preflight inspection station, or U.S. airport at a major Canadian international airport).
There, a U.S. custom and border Protection officer will settle the application, and the worker can move straight into the United States.
Although no lawful application form is needed, the Canadian TN applicant must give a fee (currently $56, or $50 if passing the border by car).
The unmarried minor children and spouse may attend the main applicant. Family members need to bring evidence of the family relationship, like a birth or marriage certificate. They will be provided with TD status.
What if you’re rejected at the border?
If the officer says you that your application lacks some element, or requires clarification that you can contribute through further documentation, your most reliable bet might be to return back, collect the demanded papers, and try afresh.
While not required, reverting to the very port of entry where you did your first application can be a helpful idea. You might be able to find the very CBP officer, which executes the whole process run more easily. (The CBP officer who managed your thing should be noted at the bottom of the CBP eligibility checklist.) If that officer is no longer on duty, you will be evaluated by a different officer.
Another alternative, which is particularly useful if you’ve had a TN visa rejected at the border, is to apply ahead of time by USCIS. You’ll then require to give your permission notice to CBP when you seek U.S. admission.
Application Method for Canadian TN Worker Already in the U.S.
If the worker is already legally existing in the U.S. (that is, hasn’t overstayed an allowed entry), the U.S. employer can seek a renewal of visa status to TN on the person’s account.
The method for doing this is filing a Form I-129 supplication and payment ($460 in 2020; review the USCIS website for update) with the USCIS Vermont Service Center.
The benefit of this U.S.-based method is that the applicant can bypass a face-to-face conference with an officer of U.S. Customs and Border Protection in order to obtain the TN visa.
Many U.S. CBP officers, especially those found at a U.S./Canada land crossing or a major Canadian international airport, have name for acting extremely suspicious, if not confrontational, approaching Canadian TN visa applicants.
Documents to Add in The Application for TN Status
The applicant will require to have a legitimate Canadian passport, and provide the following records:
Firstly, a job offer letter specifying the recommended employment activity and confirming that the person will be serving at a professional level, including daily job tasks, the job conditions (such as license or educational level), employment place, salary and privileges, and how long the duties will be required (for up to 3 years)
And finally, proof of qualifications to work at a professional level, as described by college degrees, membership licenses, or other related credentials that verify professional status, and confirmation that the demanding profession is amongst those listed at 8 C.F.R. Section 214.6
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