Boston Immigration Lawyer:: TN Visa: NAFTA : Bogle & Okoye Law Firm

Applying For A TN
The North American Free Trade Agreement (“NAFTA”) makes it
easier for Canadian citizens to get immigration status in the United
States. One of the more common categories under NAFTA for
Canadians who wish to work in the U.S. is the
“TN”—Trade NAFTA.

If you’re a Canadian citizen wishing to get TN status to work in
the U.S., you may apply at a port of entry into the United States,
with documentation including:

Evidence of your Canadian citizenship, such as a passport,
birth certificate or Canadian citizenship card

A job letter from your U.S. employer, outlining the job that’s
being offered, and the qualifications and duties of the job

A resume detailing your experience in the field

An original diploma proving the professional degree

An original transcript showing your course work in the
particular field

If necessary, reference letters confirming previous
experience

If you’re flying out of an airport to come to the United
States, you must apply the same day as your flight.

If you apply at a land border, you can get your TN status
and continue into the U.S. or return to Canada to complete
your move.

There is an application fee and an additional fee for issuing the
TN application approval. If applying at an airport, the filing is only
less.

If approved, you’ll receive an “I-94” with the appropriate expiration
date of the TN.

Your spouse and children under the age of 21 are entitled to
derivative status, known as “TD”. As TDs, they are not eligible to
work.

As an applicant for TN status, you should be prepared to
discuss:

Proposed duties for the U.S. employer

Past educational credentials and work experience

Any past refusals into the United States

Any past criminal activity

Please note that any past immigration or criminal problems
can render someone inadmissible to the United States. If
this is the case, you may require a non-immigrant waiver.

Most TN professions under the NAFTA schedule require a
baccalaureate degree or state/provincial license, while others
have an alternate requirement of a post-secondary diploma and
three years experience.

Only two occupations, management consultant and scientific
technician/technologist, do not require any type of educational
degree. However, applicants for these two professions are
carefully questioned and scrutinized.

Renewing Your TN
TNs are valid for one year and can be renewed indefinitely. TNs
can be renewed at any point of entry, although each TN
application is considered a new entry regardless of how many TNs
the person has been approved for in previous years.

Even if you were approved for a TN in the past, there is no
guarantee you will be approved again. You may also extend a TN
by filing the proper paperwork at the Nebraska Service Center for
the U.S. Citizenship and Immigration Services (previously INS).

When Your TN Is Refused
If your TN application is refused, you can:

Ask the immigration officer about his or her concerns, and
whether another classification might be more appropriate

Ask the immigration officer if more detailed documentation
as to the technical nature of the job might overcome the
refusal

Apply again with better documentation to prove your
eligibility for the requested TN classification. If you need to
apply at a different point of entry, be prepared to answer
questions about why you are applying at another point of
entry.

Request an Advisory Opinion from the Central Office, Office
of Business Liaison for a particular point of interpretation
(although this could be lengthy and impractical).

BOGLE

OKOYE

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