Common TN Visa Mistakes to Avoid

TNVisaExpert
Moderator


Canadians helping Canadians

Joined: 02 Apr 2007
Posts: 137
Location: San Diego, California

Posted: Wed Sep 05, 2007 10:48 am

 

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We're posting this article to help TN visa applicants be aware of the common mistakes so they can reduce their chance of denial.
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Working in the U.S. – Common TN Visa Problems to Avoid

Approval of the TN Visa (or TN Status) to work in the U.S. is very subjective and since 9/11 and the various terrorist attacks, the U.S. Immigration Officers scrutinize each TN Visa application more carefully. This does not mean it is impossible for you to obtain your TN Visa, rather it means you want to ensure your TN Visa application is valid, professional and most importantly you are well prepared for the border interview.

There are three key areas that cause people to be denied their TN Visa. Interestingly enough, people who read this article think, “Oh, this does not apply to me, I’ve addressed these areas.” Do not hastily jump to this conclusion, for your future is at stake.

Problem #1: Intent to Stay

Admission to the U.S. as a TN-1 temporary worker can be pretty straightforward if you've prepared your materials properly and correctly answer the Immigration Officer’s questions. However, be very careful at the border. It is very simple for an Inspector to turn an applicant away. Especially, if there is a question about the TN applicant’s eligibility for admission. Everyday INS denies TN Visa application and sends prospective entrants back where they came from. If you have flown into a U.S. airport and are denied, it can be costly experience. As such, you need to be prepared for the border interview.

One of the reasons for turning away a TN1 applicant is the failure to establish nonimmigrant intent.

The TN Visa is not a dual-intent classification, and you have to be able to establish, to the satisfaction of the Immigration Officer, that you will return home at some point in the future. Family, property ownership, a job to which you will return, an offer of employment specified to begin at a future date are all examples of ways in which to prove that you'll return home. There are others, as well.

If your situation does not clearly show intent for temporary stay, do not despair, you can still qualify for the TN Visa and can successfully obtain the TN Visa. Situations such as: you do not own any property in Canada, you are being offered a full-time job, your spouse has a Green Card and many more do not exempt you from obtaining the TN Visa.

If the employment letter makes it sufficiently clear that the position is temporary or that you will fill it on a temporary basis, the Officer may not bring up the issue of intent at all.

Remember, you want to be confident and well prepared when you apply for your TN Visa and when speaking with the Immigration Officer. Minimize your chances of rejection and by making informed decisions before heading to the border.

Problem #2: Job Title Specification

A second reason for denying a TN1 Applicant is the perceived ineligibility under NAFTA’s Schedule of Occupations (NAFTA Job List).

The NAFTA Schedule of Occupations that are available to TN Visa applicants is relatively limited, and titles from the Schedule more often than not don't correspond neatly to "real life" job titles. The TN Visa Employer Letter should make it clear that you're going to be employed in one of the occupational areas that appear on the Schedule.

The letter itself should be concise and brief. Avoid writing a letter that suggests long-term employment or the potential of obtaining the Green Card in the future. Lengthy offer letters with much discussion of benefits and other perks are also to be shunned.

Problem #3: Presentation of Documentation

Incomplete or improper documentation forces many people to be denied their TN Visa. It is also one of the most common problems because most people assume they have sufficient documentation and then are surprised when the Immigration Officer is asking for additional documentation to corroborate the applicant’s claims.

The TN Visa documentation is not nearly as complicated compared to other submissions to U.S. Immigration Services. Nevertheless, it needs to contain the relevant documentation related to the occupation and requirements of the NAFTA Agreement. These include the applicant’s qualifications (degrees, transcripts, licenses, accreditation certificates) and experience. Proof of experience is required in some occupations though it is always useful to document an applicant's experience even if it's not formally required.

Do not attempt to "bulk up" the application unnecessarily. Package the various materials neatly and securely. Always have photocopies of the documentation being presented.

Finally, successfully obtaining your TN Visa can be done easily when you are well informed and fully prepared.

More TN Visa Information found here.
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TN Visa Expert provides valuable information to help Canadians successfully live and work in the U.S. Learn about the TN Visa and be prepared.
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colorgrower
New Member



Joined: 15 Sep 2007
Posts: 3
Location: idaho

Posted: Sun Sep 16, 2007 10:07 am

 

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I am on my third TN and I wonder how to start the H?B or H?A visa?

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TNVisaExpert
Moderator


Canadians helping Canadians

Joined: 02 Apr 2007
Posts: 137
Location: San Diego, California

Posted: Mon Sep 17, 2007 8:59 am

 

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Have you spoken to your employer? Are they interested in pursuing this option with you?
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TN Visa Expert
Helping Canadians live and work in the U.S. successfully.
Complete TN Visa information and A Step by Step TN Visa Application Kit to obtain your TN Visa.
www.TNVisaExpert.com

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eddycurrents
CanuckAbroad Regular



Joined: 18 Jun 2007
Posts: 31

Posted: Sun Sep 30, 2007 4:29 pm

 

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Another note: always bring originals. USCIS has 5 copies now of my engineering degree. It has not and will never change, yet every time I get a TN visa they want the original. Otherwise, rejected.

When I got my first TN, the temporary status was not an issue. This last time I got a big hassle about it. They wanted to know where I lived while I was in Canada. I said I had no home in Canada, my home was in the US -- wrong answer.

So we are supposed to keep a house in Canada, and pay mortgage and taxes on it, which means we can't get non-resident status, which means we have to pay Canadian taxes on top of the US taxes. Seriously.

Worst of all, you cannot go from TN to green card. That is against the rules. You must get an H1 visa first. However, there are only a few H1s available every year. We tried to get one, but couldn't. So we are stuck with TN. theoretically, forever.

Our immigration lawyer says he found some kind of loophole, but I am not so sure about it. We have been waiting 2 years for our green cards with no end in sight.

Working on a TN visa is precarious. You are considered a visitor, no matter how many TNs you get (I am on my 5th). Even if you buy a house and have nowhere else to live, you are still a visitor. You can't do any job other than what is on your TN. If you lose your job, you have 30 days to find another, or you have to leave the country. If you want to find another job, you need another TN. Basically, you are a hostage of your company and the US government.

We are hard working, honest, we pay our taxes and spend our money locally. Yet the US government makes us feel unwelcome at every opportunity, especially every year when we have to get another TN.

My advice about TN visa is -- don't. If you have any designs on staying in the US for a while, insist your company get you an H1. That is, of course, if you can. If you are forced to work under TN, well. don't make any long term plans.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 505
Location: Calgary

Posted: Mon Oct 01, 2007 9:59 am

 

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But this is the problem with all work visas into the US, not just the TN-1, and is the #1 reason I moved to Canada instead of the US because I could get permanent residency in Canada.

There's no real advantage to an H-1B, in fact I think it's a worse option, because you can only renew it once and when your six years are up you have to leave. Plus it's a huge paperwork hassle for your employer because they have to do the Labor Dept. certification. I wouldn't even bother trying, the only reason for a Canadian to bother with it is if you don't fit into a work classification under NAFTA.

TN-1 has two main advantages - it's renewable forever and it's easy to get the paperwork from your employer in order to support the application. Plus there's no quota like there is on H-1Bs.

Whether you've got an H-1B, TN-1, L-1 etc., if you lose your job for any reason you basically have to leave the country. The TN-1 has the advantage that because the employer doesn't have to do much, it is somewhat easier to change jobs.

I have no doubt that the immigration reform bill will eventually go through and skilled immigrants will have an easier time getting in, simply because of the practical reality that the US needs skilled immigrants and at the moment they're going to Canada, Australia and the UK instead.

It was Reagan and a Republican Senate that got the INA 1986 with the amnesty through Congress after all. They didn't want to let all those Mexicans stay, they had no choice. It was either do that or the whole immigration system would have collapsed.



That shouldn't be a big deal, because you can re-enter when your immigration petition is approved, having an H-1B just gives you the technical advantage of being able to apply from inside the US, but that shouldn't be a problem for a Canadian.
_________________
Steve.

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eddycurrents
CanuckAbroad Regular



Joined: 18 Jun 2007
Posts: 31

Posted: Mon Oct 01, 2007 10:51 am

 

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TN is renewable forever, but you are subject to the whim of the particular USCIS agent who interrogates you at the border. Every experience for me has been different. It's always painful but the last 2 years have been worse, to the point where I was sure they wouldn't let me in, and after letting me sweat for 20 minutes, finally approved it.

Remember you do not "renew" a TN, every application is a new one. The fact you have already had 3 TNs is irrelevant, your 4th application could be rejected as easily as your first.

You still have to bring all your same paperwork every year, then go through that song and dance in the little side room where they make you feel like a criminal, and try to make you miss your flight. I have this to look forward to every year.

Plus the expense: it costs my company about $800 to renew my TN after the trip and lawyers fees. My wife goes through her lawyers and doesn't go to Canada, but it takes much longer and I don't think it's much cheaper. If you happen to be traveling to Canada anyway you could do it yourself, in theory, for just the $50. You still need an official letter from your company though. So in the end it's still more than $50.

Like I said, technically you cannot go from TN to green card. You first need to get an H1. But I forgot to mention something -- if you have an H1 application in process, you can't get a TN. So if your H1 application goes past your TN renewal date, you must leave the country until your H1 is approved. If it is approved. As you said, they have quotas for H1.

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.

Essentially, starting on the TN track makes it hard to get off. Getting a TN at the beginning of the year, then applying for H1 may work since you have more time to get it approved. If your H1 application is rejected I'm pretty sure you can still renew your TN, at least. We went through that about 3 years ago.

However, I agree. for people who want to work in the US, at least it's something. You may never get an H1 in time.

Like I said though, don't be under any illusions that it is or will become permanent. You are just another migrant worker, that's it.

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canuckinla
New Member



Joined: 02 Oct 2007
Posts: 2
Location: Los Angeles

Posted: Tue Oct 02, 2007 11:14 am

 

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I heard somewhere that if you are in the Management Consultant category, you can hold more than one TN, because of the nature of the work (but not other categories can do this). Does anyone know if this is correct?

I just got a TN but I am thinking of changing employers and am now wondering what process I have to go through and if it is worth it!

I saw some info on the DFAIT website, it says: "You may change or add employers while in the U.S. by filing FORM I-129 (PETITION FOR TEMPORARY WORKER)" and directs you to the USCIS website. But it is from 2005, so I don't know if it is still valid.

Has anyone here held multiple TNs or changed employers before?

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TNVisaExpert
Moderator


Canadians helping Canadians

Joined: 02 Apr 2007
Posts: 137
Location: San Diego, California

Posted: Thu Oct 04, 2007 3:00 pm

 

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Hi,
Please repost your question in a new thread to get the attention it deserves. This is simply an article posting.

Thank you
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TN Visa Expert
Helping Canadians live and work in the U.S. successfully.
Complete TN Visa information and A Step by Step TN Visa Application Kit to obtain your TN Visa.
www.TNVisaExpert.com

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