Other Canadian Specific Non-Immigrant Visas – The TN Visa

The TN visa is a visa that was established under the North American Free Trade Agreement (NAFTA) and allows Canadian nationals to enter the U.S. as business visitors or to engage in professional activities.

The TN visitor for business allows Canadian nationals to enter the U.S. for business purposes as long as they receive no salary or renumeration from a U.S. source other than for allowed expenses during their travel. In order to enter the U.S. on a NAFTA business visitor the Canadian national must show that he or she:

• Provides proof of Canadian citizenship;
• Describes the purposed of the entry;
• Provides evidence that he or she will engage in certain specified occupations which included research and design; growth, manufacturing and production; marketing; sales; distribution; After-sales services, including installation and repair;
• General services, including management and supervisory personnel engaged in commercial transactions, public relations personnel, tourism personnel, tour bus operators and other specified professionals

The TN professional visa for Canadians allows certain specified Canadian professionals to enter the U.S. and work for U.S. employers to engage in activities at a professional level. The documentation requirements for a TN professional are much more involved and beyond the scope of this article but generally require the applicant to establish that he is entering the U.S. to provide professional services that require at least a baccalaureate degree or other appropriate credentials demonstrating the applicant's status as a professional. There are very specific regulations which establish who may be qualified as a TN professional. The TN visa is an attractive option for Canadian professionals who desire to work in the U.S. because there are no annual limits to the number of TN visas available each year, the period of admission is for three years and the application may be processed at most U.S. ports of entry and does not require an approved USCIS petition. However, TN visas are not available to self-employed Canadians so the applicant must have a formal job offer from a U.S. employer. Establishing the requirements of a TN visa can be complicated so this is a job that is better left to an experienced TN immigration attorney.

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