Common TN Visa Mistakes to Avoid

[eddycurrents]

Yes, this will be a problem. Make sure your position title matches a NAFTA classification *exactly*. While processing my last TN, the customs agent told me he rejected someone's TN application because he couldn't tell if the title in his offer letter was the same as the one in the NAFTA rules.

I believe many are looking for any excuse to reject a TN now, but disregarding that -- look at it from their perspective. How are they supposed to know if a Statistical Programmer is the same as a Mathematician? Sticking the title at the end looks suspect. Keep it simple for them.


"Mr. Rizzo has clarified it very well."

With respect to Mr. Rizzo, he is wrong. I have read the rules and they were explained to me by a customs agent and two different sets of immigration lawyers. I'm also going by several years of personal experience and stories of others.

Saying "the motive is to earn extra legal fees", well, what business is Mr. Rizzo in? Isn't his motive just as suspect?


(1) You can't go directly from TN to green card. Applying for TN status implies you have no intent to stick around. If after a couple of years you want to get a green card, you are going against the intent of TN.

There are two independent tracks: H1B -> green card, and TN -> TN. The second track was never intended to supplant the first.

That being said, yes there is a way to go from TN -> green card. It is, my lawyer assures me, also perfectly legal. Talk to your lawyer. You didn't hear it from me.

Anyhow, it is *much* safer to start down track #1, if you can. Big businesses are pressuring the US government to increase the cap on H1B's (even Bill Gates has gotten into the act) so maybe there is some hope there.


(2) In the spirit of temporary status, you are supposed to maintain a Canadian residence. This is proof that you intend to move back to Canada. This rule is completely unreasonable, and for years they looked the other way on this one, but the times they are a-changing.

I got a major hassle last year and one of my colleagues got a bigger hassle this year. She was denied entry for a few days while our lawyers hashed it out.


My wife's lawyers usually renew her TN by mail. It seems by far to be the safest option. It saves you from the stress at the border and if you are denied, at least you aren't stuck at the airport.

Some people get lucky at the border and have no trouble. Some people are unlucky. The border crossing as well seems to make a difference. Ironically, the borders that see a lot of TN's seem to be the worst. My wife renewed in Chicago two years ago after coming back from Australia and had no problems.

It's a crapshoot. How long can you roll the dice and keep getting sevens?

Another thought: Clinton, Obama, and McCain promising to revisit NAFTA. They are talking mostly about Mexico, but US automakers moved some plants to Canada too.

So stay off the TN treadmill if you can. Before I jumped on it, I didn't know any better and neither did my company. TNs are made for short term employment and many customs agents are now pushing that fact.

Next time I get a hassle from a US customs agent, I might try saying "look buster, I pay your salary" but that's just not the Canadian way.

[kruugs]

Hello,

First off, this forum has been very useful and full of great info. So thank you!

Here's my question/situation

I will be applying for my TN Status soon. It will be about 5 weeks before my job will actually begin. I spoke with the Supervising Officer at the border crossing already and asked him if I can apply for the TN Status earlier, and then live back in Canada at home for next 3-4 weeks, until I have to leave for the job in the US. He said that's not breaking any rules, but the down side is that it will expire one year from that date I apply. But my job is only 5 months anyways, in which I will then be returning back to Canada.

This Officer was very kind to deal with over the phone and said to ask for him if anyone gives me trouble with this situation when I apply.

I am optimistic, but I can't help but still be skeptical. Does anyone have experience with this type of situation or obtaining the TN early?

Thank you!

[audshell]

I am an Audiologist who graduated in the US. I am a Canadian citizen and this will be my first time applying for the TN visa.

What documents should I present with me at the border?
Also, I read in this forum I can go to Pearson as well?

I am currently going through the VISA screen process through CGNFS. I do not see the title of Audiologist under the NAFTA job titles; should this be a concern?

Are there any sample sites where job letters are shown?

Please advise.

[CanPT]

As health care workers we have different requirements (the visascreen process).
Douments at border:
* Proof of citizenship (Canadian, Mexican or U.S)
* Letter from your prospective employer
* Job Title and detailed summary of your duties (job description)
* Proof employment will be temporary; no more than 1 year
* Arrangement of payment for your services
* Proof you possess the required NAFTA Occupation credentials
* Filing fee - $50 USD (price at the time of this publication)
* Form I94 fee - $6 USD (price at the time of this publication)
.I would assume the VISASCREEN certificate would cover you.
Im not sure about Speech/Audiology not being on NAFTA list of professions, that surprises me a lot. OT/PT & SLP are so interconnected! From the CGFNS website it seems it depends on your educational credentials for SLP. Also sent you a message.

[audshell]

Hi CanPT,

Your post was very helpful.

I am keeping my fingers crossed, I am waiting for my VISA SCREEN to be complete.

I got my state license though.

I hope that the visa screen is pretty strong and helpful for obtaining the TN.

[heyzeus]

Quick question regarding what qualifies as proof of education.

I will officially graduate (i.e. get a degree) at the end of October, but I start work in mid-September. My school is able to provide me with a letter stating that I have meet the requirements of my degree for when I cross the border (can also provide transcripts and such).

Would the officers accept this as proof of my education or would they need a physical degree?

[brainygirl]

I am a Canadian physician working and living in the US on a TN visa. Initially, I was here as a post-doctoral fellow and had an H-1B. Of course, once I graduated and wanted a job, I was no longer counted against the cap, and the H-1Bs had run out.
TN visa to the rescue!
The first time I processed it I hired an immigration lawyer who "specialized" in TN visas and Canada-US immigration issues.
Well, let me tell you, she basically did nothing but charge exorbitant fees and freak me out. The letter my employer and I prepared was grossly inadequate, was missing job title, salary requirements, length of term, EVERYTHING! However, at the border the guards at Trudeau airport could not have been nicer and I went through without a hitch.
So, when my visa was up this year and I was traveling through Toronto anyway, I assumed there would be no problem, especially since I had a previous TN and the same job.
HA! That could not have been further from the truth. I consulted numerous websites as well as this lawyer prior to leaving and was told all I needed to "renew" the TN was the supporting letter, my passport with the previous visa, and 50$.
Needless to say, I was tortured and interrogated for hours in the Toronto airport. I did not have original documents and was told I needed to go back to the US and cross the border the next day (a 7-hr drive each way) or stay in Canada until the documents arrived.
Just as I was about to give up hope, the shift changed and new workers came on - the new supervisor said he would accept my copies, no problem.
However, the woman who ended up processing my visa was insane and really had it in for me. She gave me the third degree about how my application was woefully inadequate, how if it were up to her there was NO WAY I would be approved, and she begrudgingly granted me my TN, but ONLY for 9 months instead of the usual 12. Then, to top it off, she gave me an I-94 form to fill out IN SPANISH! When I asked for an English form, she claimed they "didn't have any." Then she smirked and said "And besides, don't you speak Spanish.?" referring to my letter of employment which does include some work in Spanish. I complied, but this was abuse, clear and simple.
I was made to feel like a criminal for being a physician in the US doing federally-funded public health research - definitely the sort of person who should be kept out of the country!

To wrap up, another thing to keep in mind is that you cannot obtain a TN visa in advance; you must process it AS you are reporting to work. And, as rightly stated by others, there is NO such thing as a renewal! Each application is like starting over from zero. And it is a crapshoot, and they have your life in their hands.
I'm done with this process and want to remain in the US.
Do I move to an H-1B or go straight to a green card? There is a lot of conflicting info out there and I certainly do NOT want to be deported!

I just wish I had read this website BEFORE my Spanish inquisition at US Immigration at Toronto airport this week.

(p.s. do NOT go through major border crossings - the guards are likely to be harried and on a power trip; at the smaller crossings, your chances are better.and definitely do NOT go through Toronto Pearson!)

[kevinlg]

Hey,
Brainygirl,

I totally understand your frustration. US immigration policy is just shitty. They guard it strictly. Why? Because they have too many enemies out there.
Back to the point.

I guess everyone should learn from your experience that is to be prepared when approaching the guard. They are trained to 'turn you around' instead of letting people in.

I had been through Toronto Pearson twice for TN.
The wait time is long. 2~ 3 hrs min. The first time was 4 hrs.
However, I am well prepared with job letter, ORIGINAL proof of degree, and my credit card. It took literally 10 mins for the guard to approve it. So have no clue why I have to wait 3 hrs. There are only 10 people waiting inside the secondary inspection room. And yet not all of them are for TN, which means the NAFTA officer is not processing all 10 but maybe half.

In conclusion, not only does those guard treat people like prisoner, but they are super inefficient.