Common TN Visa Mistakes to Avoid

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.

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?

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!)

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.

Hi! This is my first visit to the forum. I have a question for all of you, since I'm considering applying for a TN visa following a job offer I will most likely get.

The question is: Am I eligible under the "professions" named in NAFTA. My offer would be to be one of the main managers at at press freedom NGO (international but registered in the US); My degrees are BA in Poli Sci (CAnada) and MA in International relations (American University) and my close to 20 years experience has been high level in International media NGOs and International Civil Service (United Nations). I don't see any similar "professions" in the NAFTA list, except perhaps for "teaching/research". Please advice what should be done.

Thank you!

Hi,
I was terminated from my job while I was on TN status. I am not too familiar with all the info I am reading about now, i.e. I had 10 days to return back home after termination. What happens if I am passed this time? Can I still get a job elsewhere?

Any help on this matter would be greatly appreciated.

Thanks.

Tech you cannot hold two non immigrant classifications. cannot be a L-1 and a TN at the same time. Admission under TN classification authorizes you to work for the company that petitioned for you, if you seek additional employment you must first obatin authorization from CBP at the US border or USCIS while inside the US. You can obtain auth for numerous employers under TN but each one must be approved and noted on the I-94, for example a RN is going to be employed by two different hospitals, she must at time of entry show her two offers of employment and be approved for both. If the same RN was approved for hospital-A and then saw an opening for hospital-B she can file an I-129 with the USCIS service center to request additional work authorization. she must wait for approval prior to begining work. the other option would be to obtain employment offer from hospital-B leave the US and apply to CBP for the additional work authorization. Of coarse providing all evidence of qualifications like any other Tn application.

kevinlg

Customs and Border protection Officers have no such position as "NAFTA" Officer, TN applications are one of very many different classifications these officers must process, to claim they are inefficient when you really have no idea what it is they need to do is unfair and frankly your opinion is irrelivant. stating US immigration is a closely gaurded secret is a joke as well, the Law is cleary writen, Information about TN classifications are readily available on the Internet, so in the end if you are one of the professions listed and are going to work TEMPORARILY in the US and are doing the job of that profession than this permit is easy to get, and should be easily explained at your Border interview. Problem arises when Law Firms try to Maniplulate a persons job descriptions to "FIT" a profession listed under NAFTA and the applicant is not really in that profession or doing the duties realated to that profession, and when questioned is easily discovered by the US officer to not be qualified. Truly qualified professionals no problem, not qulaified professionals not allowed to enter. Most of these probably should be applying for H1-B or L-1, but H-1 has yearly cap and L-1 is more expensive. FRAUD must be very common to this work permit as all you need is a degree and a Letter.

martinez,
just stay, 10 days, 6 months, rest of your life. you were supposed to leave as soon as you are fired, or file to adjust status to B2 so it gives you more time to pack up and go home. or just stay, end up acquiring unlawful presence and give yourself a bar from rentry for 3 years, 10 years, depending of coarse.

And another thing -- if your TN visa application is rejected, they won't let you into the country even on a 14 day visitor visa. I have been told this by 2 customs officers who nearly rejected my application. The reason is simple -- they know I will be going to work.

So if your annual TN visa application is rejected at the border, you are stuck in Canada. You can't go to your home or job in the US. What happens then I have no idea and no desire to find out.

Although this is true it should be clarified that you only can't go into the US at the border crossing you applied to on the same day that you applied. You can go to a different border crossing and enter as a visitor, or wait until the next day and enter as a visitor.

I was rejected for a TN once and the officer was nice enough to explain this to me, so I waited a day and entered as a visitor no problem. Came back and renewed a couple weeks later and was approved.