TN-1 VISA/SSN/licensing dilemma

I'm a Canadian-trained Occupational Therapist who is having difficulty understanding how the whole TN-1 VISA/SSN/licensing process works. My dilemma is this: In order to work in Florida I need to be licensed (which takes up to 2 months; the Florida Board won't even accept the application without the SSN), but in order to get a license I need a SSN (which takes 2-6 weeks), but in order to get a SSN I need a TN VISA, but in order for my employer to sponsor my TN VISA, my start date will need to be within 2 weeks according to TN VISA rules, which brings me back to: in order to work I need to be licensed (and so starts the circle again).

I'm sure I'm missing a piece of vital information here. Any words of wisdom?

I'm a Canadian-trained Occupational Therapist who is having difficulty understanding how the whole TN-1 VISA/SSN/licensing process works. My dilemma is this: In order to work in Florida I need to be licensed (which takes up to 2 months; the Florida Board won't even accept the application without the SSN), but in order to get a license I need a SSN (which takes 2-6 weeks), but in order to get a SSN I need a TN VISA, but in order for my employer to sponsor my TN VISA, my start date will need to be within 2 weeks according to TN VISA rules, which brings me back to: in order to work I need to be licensed (and so starts the circle again)...

I'm going to assume in answering this that you could get the TN status itself without the license if only you had a more current TN letter. Since I've never been an Occupational Therapist, I can't speak to that directly, but the list of TN requirements states baccalaureate OR licenciatura OR state/provincial license--ie there are other options (at least at the border) besides the license.

I would think that you could present a TN letter at the border written something along the lines of "This letter is written to facilitate the entry of Ms. Doe to the United States in TN status for the three year period from February 22, 2010 to February 21, 2013 for the purpose of working as an Occupational Therapist for Ms. Employer." Note that the letter merely states that your actual entry will be on (or about) Feb 22 and that you are entering for the purpose of working as an Occupational Therapist. I think a letter worded this way (of course with additional info about the employer, job duties, and your qualifications) would work fine but it tells the truth in that it doesn't actually state that your start date is Feb 22.

Then in your actual contract with the employer you and your employer can agree that the contract/start date is contingent upon you getting both TN status and the state license. USCIS doesn't need to see that document unless they ask--and normally they won't ask if the proper TN letter is tightly worded.

Thanks so much for your reply.

Sorry for this run on sentence: Would I be able to drive to the Canada/US border to apply for my TN status with the appropriate paper work (employer letter, credentials, healthcare workers certificate), then providing that its granted, apply for a SSN, return to Canada, wait for the 4-6 weeks to receive the SSN in the mail, then apply for my Florida license, wait up to 2 months for it to be processed, then finally, cross the border to work in Florida with my TN status (and I-95)? In other words, can I get TN status, but not actually start working until 3 months afterwards?

No. Once you get TN, it must remain active, which means working.

You don;t need an SSN to work of course. And Cdns are able to get FL DLs more easily than others.

The best TN letters do not mention a specific date. They are current-dated and simply state "is expected to work for a period not exceeding 3 years".

What Cal advises may work, except that they will sk: Are you going to work", to which you cannot give a false answer.

You DO need a SSN to work in the US and yes you can come back to Canada while you are waiting for it. I am doing just that. I got my TN status in Buffalo, took it to the SSN office in Buffalo applied then drove back to Canada. Less than 10 days later I was able to go back and get the number NOT the card you have to wait for that to come in the mail. US employers will let you start once you have the number. I will be driving to the US next week. I could also have picked the number up at any SSN office in the State I will be working I did not have to drive back to Buffalo to get it.

However, if you get your TN status at the airport you must proceed to the US. Then apply for your SSN there and have it mailed there.

With your TN, you are allowed to start work BEFORE getting SSN, so long as you apply. The SSN "pending" is a legitimate permission to start work.

I am going to be going through the same process this month! I have a few questions.

1. My employer told me I should be able to use the job offer letter to get my TN visa. However, the job offer letter does not state anything about start date, job duties, temporary status, etc. Do you think this will be a problem?

2. Is it necessary to wait 10 days to apply for SSN? I plan on getting the TN and heading straight to the SSN office and then driving back to Toronto.

3. My job is in Michigan but is it okay for me to apply for TN and SSN in Buffalo? (save time and gas money)

1. Unless it says "max 3 years" and outlines your duties, it will not pass. Start date is not important.

2. Yes. To apply early will get you stuck in limbo. Apply for tN, start working, and then apply for SSN.

3. Of course. You will apply for TN at the border, it doesn't matter which, nor which SSA office you use, but since you will already be at work when you apply for SSN, why not just do it in Michigan. You will not be given your TN too early.

Thanks for the reply. The dilemma that I face is that I can't start working until my employer
completes a criminal background check on me and in order for them to do that, I need an SSN.

CBP understands this and will grant TN knowing this. That is another reason not to put start date.

Of course, you realize how stupid your employer is, by insisting they need an SSN to run background check, and since your SSN never existed until you asked for it, any background check will reveal nothing!