Employment immigration: Who qualifies for a TN visa?

According to the North American Free Trade Agreement between Canada, United States and Mexico, citizens of British Columbia in professional occupations who have job offers from employers in the United States can apply for TN Visas. This option of employment immigration is only available to those who qualify for any one of the professions listed under the Trade Agreement. The applicant must be in possession of the precise criteria for the particular profession. Further requirements include the need for a person in that capacity, and the Canadian citizen must apply for a position available with a U.S. employer.

The list of professions that are eligible for TN visas includes those with a degree at or beyond the bachelor's level. Occupations include accountants, architects, graphic designers, engineers, college teachers and more. Doctors, lawyers, pharmacists and dentists are also eligible.

Advantages of applying for a TN visa include the fact that it is valid for three years. However, a Canadian citizen must show his or her intent to return to Canada when the visa expires. While this may not be a problem with the first application, it could be more challenging to demonstrate such intention during second or subsequent applications that take the person into six or nine years in the United States. This issue can be resolved by showing real estate ownership in Canada, bank accounts or more.

Not all applications for TN visas are approved, and the intent to return aspect may complicate the process to apply for an employment-based green card. Leaving the whole process in the hands of an experienced employment immigration lawyer in British Columbia may be the most appropriate step to take. Such a professional can manage the administrative and legal procedures required for entry into the United States for employment purposes.

Source: canadiansinusa.com, "TN Visa", Accessed on Dec. 24, 2016

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