I am taking the time to post this, because I had researched getting my TN Visa for about a year - read through hundreds of boards, googled all day and night, and had read so many crazy stories, and misleading information - that I thought that the specific case of obtaining a TN Visa under the category of Graphic Design could use a refresh.
First of all - let me just say that I had all the qualifications, at least a 2 year Diploma in a related field (mine was 3 year, in Advertising) and I had 3 years experience in Graphic Design.
I was offered a GRAPHIC DESIGN position in the US - which did NOT have the actual TITLE of Graphic Design. I flew back and forth for job interviews - it got pricey. I went with the Megabus a few times and had to get ready for the interview in a Barnes and Noble but guess what - I got the job.
I lost 2 REALLY GOOD jobs because the HR people got weary when it came to the Visa process. Believe me - it scares employers. Or they're lazy and they don't want to research it. Especially a TN Visa I found. I would BEG HR individuals on the phone to reconsider, when they would say things like, "Well I looked up the TN visa and it says it is only for temporary work and this is a full-time position" UGH. Idiots. This is NOT TRUE- they are just confusing a TEMPORARY Visa with FULL-TIME work - what Visa is permanent anyway?! *sigh* and to add injury to insult- they just stopped contacting me. Very unprofessional It got heartbreaking. So what does this tell you? KNOW EVERYTHING ABOUT THE VISA BEFORE you even go to interviews. Because it's going to come up, "And...do you have a Visa to work here?" and you better be ready to explain how the whole TN process works. By the time I had my last interview, I had made pages of notes to show the employer should the question come up, I answered confidently about needing a letter of employment, explained it would cost the company nothing, took little time to process and this impressed them. But at the end of the day- they were willing to take a chance on me because they really liked me. I beat out 8 other Americans for the job - so go in there with some confidence if you know you are capable of doing the job.
I drove to the Rainbow Bridge at the Ontario/Buffalo border the day BEFORE my flight. ONLY if you are applying for a TN Visa at the AIRPORT do you have to be there ON the day you leave.
Personally, I never felt I needed a lawyer. Realistically, after traveling back and forth to go to interviews, crashing on friends' and families couches in the US, I couldn't afford one - so I knew I had to do everything on my own, and PROPERLY. If you feel you are qualified and KNOW you have all the documents to prove it- you'll be fine.
I headed to the border late at night, just before a snow storm was about to hit. Sweating bullets all the way. When I got there, they took my passport from me whilst in my car, including 2 passengers that were accompanying me. We went inside and there was no scary little interrogation room or anything like that. There were two other individuals waiting in the waiting room. I didn't even have a chance to sit down before the officer called me to the counter. In fact my Dad and my sister were sitting directly behind me while I stood at a counter where I answered my questions.
It came down to this. He asked me what job I was applying for, in what category. He then said, "Lets see what you got". I Included the following:
1) An intro letter I had written myself outlining what was included in a regular 1 inch binder I put together with tabs (nothing fancy but organized) The letter isn't necessary - but once he started reading it and saw what the binder was going to include all in one go - he was impressed that I wrote it.
2) The letter from my employer. I was really worried because the job TITLE was Assistant Account Executive so I thought it may be a problem HOWEVER because the job DESCRIPTION was entirely graphic design, I worked with my employer to make sure that the job description matched that of the OOH Handbook they use AT the border. It also included my START DATE with no end date just 'not exceeding 3 years'. It also included my salary, and the employer wrote that I was qualified for the TN Visa AND the job because of my education and experience. perfect.
3) Letter from my previous employer stating I had 3 years of experience in Graphic Design.
4) My ORIGINAL Diploma. As in, I took it out of its pretty frame and carried it with me. ALSO NOTE that ALL of my documents were original with ORIGINAL signatures
5) Because my diploma was not actually IN Graphic Design but in "Advertising", this was also a scary thing for me - so to back that up, I had my department head from my college draft a letter to reiterate that I had taken full-time Graphic Design courses, which I had, in my program.
6) A printed transcript from my college-to prove my taking of said Graphic Design courses - which was officially sealed in an envelope and never even opened by the officer but again - I wasn't taking any chances
7) A reference letter from my College's department head - again, just as an extra and NOT required.
I watched as the officer read through each page. He started typing on his computer while I stood there patiently, and then said, "So what is 3 years from now, 2014"?
And that was it. After weeks and months of panicking, it was over in about 10 minutes. I paid the $54 US in cash, he stamped my passport, and we drove back to Toronto screaming with glee all the way.
SOME POINTERS I HAVE:
If you think you have everything to get a VISA but have some minor stipulations like, your diploma was only 1 year but just as GOOD as a 3 year program, or, you only have 2 years experience, or "I have 7 years of freelance Graphic Design but my Diploma is in Geography" Don't try to bend the system. Get that 3rd year of experience. Get the right diploma. If getting a job in the US over Canada is THAT important to you - then don't try to find a TN loophole. All these nightmare stories you read are because people go to a POE unprepared. It's not worth it if you get denied.
I dressed well- as if I were going to an interview.
ORGANIZE YOURSELF - I went to staples and spent $10 on a binder and some tabs. Best $10 I ever spent. I printed everything at home and put everything into plastic sleeves. I highlighed a few key points here and there and bam, no need to spend $6000 for a lawyer to do the same - again- your case may be different and maybe you do need a laywer, if you're seriously doubting your abilities to get approved you might want to consider it as an option - I know in my case - at least TALKING to a lawyer for a consultation was upwards of $300. at LEAST.
RESEARCH RESEARCH RESEARCH. go in there knowing everything - even the stuff that contradicts the other stuff all over the web. BE PREPARED. Explain the situation to your friends, and have them quiz you on possible questions. My Dad did the Dad thing, and asked me 'trick' questions - and guess what - it happened. They ask you tricky questions - so know what you are going to say.
In conclusion, I have my 3 year Visa. Do not assume it is an easy thing to do. I invested a lot of time, energy and MONEY only when I knew I had all the qualifications and documents ready before I even started LOOKING for job openings. be prepared. this is something that will effect you entering the US for a very long time so it's not something you want to mess around with.
I hope this helps others to follow their dream like I did.
GOOD LUCK FELLOW CANADIAN GRAPHIC DESIGNERS! IT IS POSSIBLE!!!
***UPDATE*** since posting this, I was laid off, and within the year ended up getting 3 more jobs and went back to the border 3 times after this. I am now on my 4th TN Visa and the same as what I have posted above has rang true each time. Same POE and often the same officer. I was once told that they were busy and had to come back the next day but other than that each time has been very smooth, efficient and stress free. The officers are ALWAYS in a bad mood so watch yourself, speak up, be polite and make sure you have everything. Think of it as the most important job interview of your life - don't waste their time. The stakes are high, but if the job and living in the US is worth the risk then you better know what you're doing when you get there.


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