Canadian Professionals Working In The United States

Immi Sikand

The United States can be attractive place to work and live for many professional Canadians who wish to take advantage of employment opportunities and experience of working south of the border. The North American Free Trade Agreement (NAFTA) is an important tool that can facilitate and ease the temporary entry of professionals and business people between the United States, Canada and Mexico. One of the most commonly applied type of status for Professionals is the NAFTA based TN-1. The most advantageous aspect for a Canadian seeking entry to the United States as a TN Professional is the extremely expedited process of this type of entry, particularly when compared with other U.S. work visas, such as the H1-B. TN visas are processed at the U.S. port of entry and w ith a thoroughly and properly prepared petition with the required supporting documentation, temporary admission may be permitted at the port of entry after a review by a U.S. immigration official, which can be in less than one hour at times

There are over 60 listed TN-1 qualifying professional titles, including engineers, computer system analysts, accountants, medical professions, lawyers, graphic designers, economists, teachers, and a whole host of other professional titles. A TN professionals’ family members, specifically spouses and children under 21 years of age, are classified in the TD category and cannot work in the United States unless they are qualified for a TN independently. They may, however, attend schools, including colleges and universities. Similarly, TN holders may also attend school, so as long as the course of study is incidental to their work.

When making your TN visa petition, you must satisfy the U.S. immigration officer who reviews your application that you possess all the qualifications as required under NAFTA in order to qualify for TN status, including degrees, transcripts, or work experience. Most of the professional designations require degrees, and although there are no licensure requirements for NAFTA professionals, specific medical professions do require a VisaScreen certificate. There is also a requirement for Canadian citizens making a TN NAFTA applications to maintain “temporary intent”, in other words, without the intent to establish permanent residence in the United States. Once admitted to the United States as a TN NAFTA professional however, there is no outside limit for the number of years a Canadian citizen can remain in the US on TN status, and there is no annual ceiling on the number of NAFTA visas issued.

There are two TN categories that are exceptions to the degree requirement: the Management Consultant and the Scientific Technician/Technologist TN categories. Because Management Consultant and Scientific Technician TN NAFTA professionals are not required to hold a degree, U.S. immigration officers subject these petitions to greater scrutiny as they are the two categories that are often used as a last resort by applicants who do not otherwise qualify for TN status, particularly the Management Consultant category. A Canadian Management Consultant must have either a Baccalaureate Degree or equivalent professional experience as established by a statement or professional credential attesting to five years of experience as a management consultant, or five years experience in a field of specialty related to the proposed consulting agreement. Although the term is not defined, Management Consultants typically provide services that are directed toward improving the managerial, operating and economic performance of an organization by analyzing and resolving strategic and operating problems and do not take part in the company’s production. While it may be the appropriate category in certain cases, anyone making an application under this category should be aware that U.S. immigration officers will analyze Management Consultant TN applications to make sure that the applicant won’t be performing another position with the employer under the pretext of a Management Consultant. It is therefore necessary that a Management Consultant applying for a TN visa thoroughly explains the nature of the consulting work.

In all NAFTA TN professional application it is important that an applicant holds the required qualifications, the employment offer qualifies under the appropriate TN professional category, and a well-documented petition is presented to avoid delays and possible refusal.

Many Canadians find that working in the United States can offer many rewarding career and personal opportunities. When seeking employment south of the border, ensure that your prospective employer will support your TN visa petition in order to allow you to begin employment in the U.S. before accepting a professional position in the United States. It is important to bear in mind that NAFTA is restricted to citizens of Canada, the United States and Mexico, and it is always recommended to seek the representation of an experienced immigration lawyer.

NEW: Since January 23, 2007, all persons, including Canadian and U.S. citizens, traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda will be required to present a valid passport, Air NEXUS card, or U.S. Coast Guard Merchant Mariner Document.