Nonimmigrant Options for Canadian Citizens

The North American Free Trade Agreement (NAFTA) allows citizens of both Canada and Mexico to work within the U.S. Canadian citizens do not require a visa, but instead can receive a "TN" status which allows them a temporary stay in the States if they enter by a designated port of entry.

NAFTA Provisions

NAFTA has four categories of non-immigrant visas that allow Canadian or Mexican citizens to work or do business in the States:

• B-1 Business Visitors
• E-1/E-2 Treaty Traders & Investors
• L-1 Intra-company Transferees
• TN Professionals

Canadian citizens do not need specific visas to work in the U.S. Instead, they just need to present proof of Canadian citizenship at the authorized border. At the border, they don't have to be issued a Form I-94 (departure document); however, without the form, their authorized stay is as long as the duration of their particular status. A Canadian citizen can enter the U.S. with a visa, but they also must show an approved petition such as an H-1B work visa application or a certificate such as an F-1 student visa. Alternatively, they can apply at the border for a TN, an E, or an L-1 visa.

TN Professionals

Many Canadian citizens enter the U.S. as TN professionals under NAFTA. A Canadian citizen may work in a professional occupation in the U.S. provided:

• the profession is on the NAFTA list;
• the alien possesses the criteria for that particular profession;
• the position requires a person for that professional capacity; and
• the employer is a U.S.-based employer

If the Canadian citizen receives TN status, he or she can bring their spouse and/or minor children to the US. on a derivative status. However, the dependents cannot accept employment in the U.S.

How to obtain a TN Visa

Canadian citizens can obtain a TN visa by providing the following at the port of entry:

• Proof of their Canadian citizenship
• Proof of the required education and/or experience required by the NAFTA listed occupation
• A letter by a U.S.-based emploer offering a position along with the job title and position criteria

A TN status is only granted if the stayy in the U.S. is temporary.

Application for a Temporary Stay

Canadian citizens who wish to renew their TN status can apply for an extension of stay which will be processed by the Bureau of Citizenship and Immigration Services (BCIS) in the Department of Homeland Security. A Canadian in the U.S. can either have their employer file an I-129 (Petition for Non-Immigrant Worker) with the closest BCIS office or they can return to Canada and re-apply at an authorized port of entry with the required documentation that was submitted with the original application. The former option does not require that the Canadian leave the U.S.

Find an Attorney

If you are a Canadian citizen, certain NAFTA provisions allow you to work in the U.S. Although you may not need a visa, you can obtain a TN visa to work in a professional capacity with a U.S.-based employer. Talk with a lawyer experienced with immigration issues, specifically those that pertain to Canadian citizens, to avoid any obstacles that may delay the process.