TN VISA BASICS
It may come as a surprise to some, but Canadians do not have an automatic right to work in the US. Despite the fact that Canadians can enter the US as visitors without a Visa (although they need to show proof of Canadian citizenship and a photo ID and a passport at airports), they need a Work Visa to legally work in the US.
For the purposes of this article, “working” means what we normally consider it to mean: earning an income by conducting work. So working in the US, means working for a US company either as an employee or a contractor whereby that company is paying you or your company a salary or fee for services rendered in the US.
Working generally does not include attending business meetings, trade shows, and even negotiating contacts provided actual sales are not conducted while in the US.If you therefore have “working” opportunities in the US as described above, you would likely be in need of a US work visa in order to legally work in the USA. There are a number of different types of US work visas available for people including H-1B Visas, L-1 Visas, E-2 Visas and J-1 Visas. However, if you are Canadian, the most attractive option is usually the TN Visa.
TN VISA ADVANTAGES
The TN Visa is a creature of the NAFTA Agreement which is a the well known Free Trade agreement between Canada, the US and Mexico. The TN Visa has a number of advantages over its other work visa cousins. For instance, the the processing times for TNs are virtually non existent as applicants can obtain them right at the Canada/US border on the spot. Secondly, the paperwork involved in TN Visas are minimal: all that is required is a job offer or contact from the US employer and proof of employment and educational credentials and Canadian citizenship form the applicant. Believe it or not, there is are no application forms to fill out if you are Canadian and applying for the TN Visa at the Canada/US Port of Entry. Seems so easy!
How can the process be so simple? All one needs is a job offer from a US company and bingo, I can get a US work visa. Not so fast!
THE HARD PART WITH TN VISAS
Now for the catch. Although the paperwork and processing time for TN Visas is indeed minimal, there are a number of very important factors that you should be aware of before taking the trip down to the US/Canada border. First of all, not all US job offers qualify under NAFTA. In order to qualify for a TN Visa, the US job has to appear on a list of occupations found at the appendix of the NAFTA agreement itself. (for a list of such occupations visit my website at www.VisaPlace.com for details). There are over 50 job titles which is not a long list when you think about it. And not only does your job offer have to be on that list, but you as the applicant have to meet the specific educational and employment criteria for the given occupation. For example, if you are an accountant and you have a job offer in the US as an accountant, you have to have completed either a baccalaureate degree in accounting and/or a CPA, CA, CGA, or CMA.
You will also notice that most occupations on the TN Visa list require completion of a university degree. NAFTA is heavily weighted in favour of professionals who have competed a high level of education who have completed university. Therefore if you have taken courses in university even for a few years but did not receive your degree, you may be out of luck. Now there are a select few occupations that do not require completion of university such as Management Consultants, Scientific Technologist/Technions and Computer Systems Analysts. But with such occupations, there are strict requirements in terms of experience.
So not only do you have to meet the educational and employment requirements of your occupation, you also have to realize that your paperwork has to be properly prepared. This means that just because you may indeed qualify for a TN Visa, an immigration officer assessing your case may not see it that way. Why? The answer is simple: Your paperwork may not be properly prepared. An immigration officer when assessing TN Visa applications, carefully scrutinizes all aspects of the application including the job offer letter itself, your resume, employment references, educational documents (especially if they are not from North America) and last but not least….YOU. Yes the officer, in deciding your case, will likely ask you a number of questions about your intentions for work in the US, your ties to Canada, your knowledge of the job etc. Not only are your documents examined, you are too so it is important to be prepared.
THE HOLISTIC APPROACH
Finally, once you have all the paperwork in order for your TN Visa, you are ready to apply and to present your documents before an officer. You should know that one of the most important factors for successful TN Visa applications is deciding where to apply for it. If you are in Canada, NAFTA permits you to apply at most Canadian/US borders as discussed. But the reality is that while the rules governing TN Visas are the same for everyone, not all Canada/US borders evaluate cases the same way.What I often tell clients is that “borders are like people and everybody is different”. The system is not perfect and is not always consistent which means that an officer at one border may say “yes” to your application while another officer at a different border may flat out refuse you. And to make matters worse, there is no way to know in advance what the outcome will be of a given application.
But there is hope! While there is no “crystal ball” or guarantee in predicting whether you will be successful in your TN Visa application, there are patterns of decision making we have noticed over the years when it comes to the various borders. The bottom line is that generally, some borders are more, to put it mildly,”difficult” than others.
You do not learn this at law school but only through years of experience. When we look at TN Visa cases, not only do we think about the documents, and our clients’ experience and education etc., but issues about where they should apply are also considered. We have found this holistic approach to TN Visas which include thinking about not only the application itself but where to apply for it, to be very effective. I hope that you have found this TN Visa primer helpful.
Any information provided here does not constitute legal advise and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.
Your information was very informative. What boggles me though that there is a critical shortage of primary to high school teachers in the United States but those teachers are not included in the TN job titles. This makes finding work in the US very difficult for a Canadian. What are your views on this?
Hi Lynda
I agree with your point. The TN Visa list is not very up to date current market conditions. Primary and High School Teachers should consider applying for an H-1B Visa but they come with many restrictions and are subject to annual quotas.
Hello Michael,
I would like to know if I were to be offered a job in the US as a Canadian, but would be entering Europe, would my TN Visa application still work?
Thank you.
Dear WW,
If you are working at a branch office of your company in Europe, you may do so. Your employer in the US can send its employees to work overseas. However, each country has their own immigration rules and the employee has to ensure that they have the required paperwork to work abroad.
Hope this helps.
Hello,
I am wondering where to start.
My boyfriend is from Montana. I am from Canada. We are both currently living in South Korea together. I would like to move back to Montana with him, but I don’t know if it would be possible since I do not have a green card or residency. Is it possible to get a temporary residency card of some sort?
Dear Sarah,
If you are a Canadian citizen, you may be eligible to enter the U.S. without a visa. You must present your Canadian passport at the U.S. port of entry to enter the U.S. without a visa.
Hi there,
I have a degree (B.A.) in Adult Education. Can I get a TN visa for a teaching position at a school?
Thank you for your help!
I have a Master’s Degree in Education from New York, USA and a Bachelor’s Degree from the University of Toronto. I am a certified math teacher. Am I eligible for a TN visa?
Dear Anna,
If you are a Canadian citizen and have a temporary offer of employment from a prospective U.S. employer, copies of relevant educational degrees, diploms and certificates, letters of reference from previous/current employers confirming your experience in your occupation, you may apply for a teaching position as a college teacher.
Hope this helps.
If you are a Canadian citizen and have a temporary offer of employment from a U.S. employer, copies of relevant educational degrees, letters of reference from previous/current employers confirming your experience in your occupation, you may qualify for a teaching position at a college, seminary or university (not secondary or elementary school teaching).
Thank you.
Hi,
Does “adult education” fall under the same category as “college”? Is there a chance that my experience in adult education may satisfy the TN requirement?
Dear Wayne,
Unfortunately, only university/college teachers qualify for a TN visa. However, in order to better assess whether “adult education” may qualify, I would strongly suggest that you contact a qualified immigration lawyer as often it depends on your job description rather than your job title. We may be able to help as well.
Thank you.
Hi,
I have been accepted to a 2 year post-doctoral fellowship program in the US and my employer would like to know if I want to apply for a TN or J1 visa. There may be an opportunity for me to continue working with my employer once I have completed the fellowship. With this in mind, which visa would be best?
Thanks
Dear Lisa,
The answer may depend on the type of work you will be performing for your employer and any other relevant work experience you may have in the past. You may have to consult a qualified immigration lawyer with a detailed job description to better assess your situation.
Also, depending on the duration of your employment, TN may be a better option for you as J1 visas tend to permit shorter lengths of stay. J1 visas may have a longer processing time at the local consulate whereas TN visas can be approved at the U.S. border. In addition, a J1 visa has a foreign residence requirement according to which you cannot change your status to that of H Visa, L Visa, K Visa, or lawful U.S. permanent resdient until you have returned to your home country for at least two years at the end of your J1 status.
Hope this helps.
Hello,
I am Canadian. I just got a 1 year job offer in California as a driver. The driver position is not listed under NAFTA. Could you please suggest me how and what visa should I go for in this case.
Thank you
I have a Master’s Degree in Oenology (Science of Wine and Viticulture). Would that qualify me as an agricultural scientist?
Hi, I am Canadian and work as a Registrar in Higher Education. I have a BSc Degree and an MBA and would like to apply for a similar role in the US. Providing I was offered a job, could I gain a TN visa under the Management Consultant category?
Thank you for your help.
Hello EM.
Thanks for the question. Yes it is possible to get approved for a TN Visa as a MC. However, it all depends on the duties you will be performing in the US. MC cases are complicated. If you have a job offer don’t hesitate to contact us.
HI Michael,
Can a Canadian, working virtually – in Toronto – for a Canadian company (paid in CDN$) work in the US periodically without a Visa? Not performing any work for a US company, but owns a property where he can work from.
If yes, what are the terms? If no, what visa is available for this case, if any?
Hello Ferris
If you are coming to the US as a visitor and working online for non-US clients or customers, generally that is ok but your visit must be temporary and you can’t engage the US labor market while in the US. That is a “rule of thumb” but it depends on the specifics of case.
I hope that helps
Michael
Hi,
My father, who recently got a green card, has told me that, as a Canadian citizen, I am not allowed to look for a job in the US. According to him, only an employment agency can do that on my behalf and the employer also has to prove that they needed a NAFTA professional for the position before I can get the TN visa. Is all that true? If it is, that means I cannot, for example, apply to a job posting online?
Greetings,
I am a Canadian citizen with the possibility of a job opening in the US. The position is in marketing and communications though – not on the NAFTA Professions List. Is it feasible to try to qualify through the management consultant role (I have 5 years consulting experience in my career background)? Any opinions or experience in such cases? Any reply is greatly appreciated.
Junji
Hello Junji
Your case may fall under the Management Consultant category. But remember Management Consultants are not managers. They are consultants who are hired to solve issues within a company. These cases are difficult ones because they are one of few occupations on the NAFTA list that do not require a college education.
Hope that helps
Michael
Hello Clelia
Thank you for the question. You can indeed look for a job in the US but you can’t work there unless you get a work visa. However, it is possible that US Customs could refuse your entry to the US for reasons of “seeking employment”. The reason is that they may think you may work without authorization. But there is no rule against being in the US as a visitor looking for work.
You do NOT have to use an employment agency to seek work in the US and get a work visa.
I hope that helps
Michael
Hi,
Thanks very much for this article. It has proven to be very informative for me! I have a question and I’m hoping to get an answer. I’m Canadian and I have a Bachelor’s and Masters degree in physics. I’m a physics PhD candidate at a university here in the United States (so I am in F-1 status) and I was hoping to save some tuition money by temporarily withdrawing from the university (for one year) but still stay in the US by working as a physics tutor for one of the departments on campus. Do you think I would be able to do all this with the TN visa? I wouldn’t actually be a teacher, professor, or instructor, just a tutor. Any help with this would be greatly appreciated!
Also, if I decided to still enroll for the semester, would I still be allowed to obtain a TN visa? That is, am I allowed to be a F-1 student AND work for a company off campus with a TN visa (assuming I don’t qualify for OPT). Any reply would be greatly appreciated.
Really informative article.
As a recent university graduate, getting my foot in the door with an American pharm/biotech company would be ideal experience. Will the TN Visa process be more difficult given that I do not yet have work experience in my field?
Thank you BG for the kind words.
Depending on the job category for the TN Visa, you may not need any experience but rather just a completed degree. Each job on the TN list has different educational and job requirements. Hope this helps
Michael
Hi Rick
Are you asking if you can study in the US while on a TN Visa? If so you may need to apply for a student visa as well. It depends on the case and the duration of study etc.
Hello Rick
There is no real TN Job category for a tutor but rather a researcher. If you get a job offer as a researcher, you may be able to qualify for a TN Visa. Also given your education, you may be able to qualify as a sci. tech as well. In any case, you need a job offer before thinking about applying for a TN Visa.
Hope that helps
Michael
Hello Michael.
the information you’ve posted is very helpful.
I have worked in the states previously on a TN-Visa and got paid via an umbrella company that processed my visa. I am incorporated in Canada as I am contracting in Toronto. Can I work in the states with a TN Visa and get paid to my Canadian company or do I have to get paid via an American Company? When applying for the TN-Visa, does the visa have to be “assigned/assigned” to an American company?
I was thinking that if I have to get paid via an American Company, it would be a good idea to set up an LLC in the States and process the TN-Visa through my LLC. I’d be able avoid the umbrella management fees that are usually a percentage of my pay.
Hello Kishi
Thanks for the compliment. We try our best to provide informative information about visas on the Web!
If you work in the US on a TN, you should be paid directly and personally by your US employer. TN visas are personally held not corporately held. Only people not companies can hold TN visas if that makes sense.
Michael
Thank you very much for the article.
I am a Canadian student in the third year of my Master of Architecture degree at a Canadian university and I would like to work in a US architecture firm this summer. My bachelor’s degree isn’t in architecture but in mechanical engineering. Would my combination of (bachelor’s degree in a related field) + (3 years educational experience at the master’s level) + (previous work experience in architecture) qualify me for a TN visa? I would like to get the TN visa to avoid the fees and processing times associated with the J1 intern visa.
Hi Michael,
Thanks very much for your response! So, it is possible to have a F-1 student visa and be on TN at the same time? That’s what I was wondering. Thanks very much for your help!
Hello Rick
You are welcome. Yes you can have an F-1 and a TN Visa at the same time. Best of Luck Michael
Hello Chris
That is a tough one. Could work but normally its your completed education that counts. We have processed cases like yours with success but a bit tricky
Michael
Thanks for the response Michael.
Apologies as I did not articulate myself correctly. I have a consulting company in Canada and I may be hired by an American company to do some consulting in New York on implementing a trading system. What I meant to ask is if the company on the TN visa has to be an “American” company. You indicated that if I work in the U.S. on a TN visa, I “should” be paid by a U.S. company. Could I not work in the U.S. on a TN Visa with a Canadian company
The reason I ask is because a colleague from Indianapolis worked Toronto on a TN visa but the company on the visa was an American company. He was not considered to be earning income in Canada and did not filing any Canadian taxes.
He recently went back after being here almost 2 years
cheers
Hi Michael,
Great post, thank you very much.
I am a Canadian citizen with a Bachelors in Engineering and an MBA, 5 years work experience (2 years in a managerial capacity). I’m looking to find work in the US as a management consultant (McKinsey, Accenture, Big 4, that sort of thing).
I’ve heard that TN visas in the management consultant category are the most scrutinized and difficult to get. Given my credentials, should I or my future employer have much to worry about in terms of acquiring the visa?
Thanks,
Andrew
Hello Andrew
Thank you for your post. Management Consultant TN Visas are indeed difficult but with an MBA you should have a stronger case than average. If you have a job offer you can certainly contact us for help.
Best
Michael
Hello Kishi
Thanks for the clarification. For a TN Visa, the company that hires you must be American based. If you work in the US for a Canadian company, that could cause issues unless that company has a branch office in the US. Now TN Visas are for US work visas so I do not understand your friend’s situation.
Best
Michael
Thanks again Michael. That does make some things clearer.
My colleague was an American working in Canada on a TN Visa.
cheers
Dear Michael,
My apologies, I provided you with a wrong email address. Here, I have provided the correct email address. If that’s why my question was deleted, I’m sorry. Anyway, I’m still confused about adjunct teaching at a community college. Are adjunct professors at community colleges in the US qualified to work on a TN Visa? I would greatly appreciate your help in this. It’s my final question and your reply would help me out very much. Please, please reply.
Thank you for your time.
Hello Ricky
Not problem with the email address.
Adjunct teaching at a community college could be a challenge for getting a TN Visa. This is something a lawyer should look into. You can send us your CV and possible job offer and we can investigate this for you.
Best
Michael
Hi Michael,
I have undergrad in engineering, MSc in Industrial engineering from the US and MBA in finance from Canada. I am working as a Budget and Research Analyst in Canada for last four years. Would i be eligible for the TN visa for the similar role or roles such as senior financial analyst or Finance Manager and if yes, under which category. I am confused about this and would like to know before i put my energy to search for jobs in the US.
Thanks for your anticipated reply.
Manny
Hello Manny
Thanks for the question.
You are a well qualified candidate given your education and experience. Depending on the nature of your job offer in the US, you may qualify as a Management Consultant or a job more related to finance. We have many clients with similar credentials that we help get TN visas. You would first need a job offer of course.
Regards
Michael Niren
Hello,
I have a degree in International Business and have a potential job offer lined up as a product manager. Would I have trouble getting the TN Visa in the management consultant position?
Hello Justin
You may have a case for a TN Visa but a whole lot of information and preparation goes into making it happen. Let us know if you need assistance. Best and Good luck
Michael
Hello Mr. Niren
I am a Canadian citizen. I have work experience in India. My educational degree is from India also. I have a job offer for Computer Analyst in the US. Do I qualify for TN visa?
Thank You
Hello Kal
Thank you for your question. If your educational degree is in India you may want to first get an equivalency analysis to confirm your education is up to North American standards. If it is, then include this with your application for the TN Visa. Most likely the CBP officer will not accept your education at face value.
Regards
Michael
I don’t understand why that would be a surprise to anyone, Canada and USA are two completely different countries. I think it’s because people tend to associate the two with one another, because of its demographics.