Moving from Canada to US, Part 1— All about TN visa
“You need to send these documents to Ottawa, we don’t issue TN visa here.”
“Ummm. What?” Heart racing, I’m silently panicking. “I’m certain I read credible sources mentioning it’s done here. My flight is in 3 hours!”
He burst into laughter. He was kidding! The giggles sure helped ease my nerves for the interview. And it’s a fun memory of an otherwise daunting process.
When researching about moving to the US, TN visa came up time and again but the information was scattered across places. I gathered helpful tips from talking to a lawyer and some friends, so I’ve included all that here for anyone that might be in a similar situation.
What is TN?
- TN stands for Trade NAFTA, allowing Canadian citizens who fulfill certain requirements to work in the US.
- It is the quickest, easiest way to move to the US. Initially granted for a period of 3 years and can be extended over and over again.
- It is tied to the company you’re going to be working at, so if you switch jobs or positions, you need to apply for a new TN visa.
- Dependents of TN visa holder (spouse, children) are not eligible to work in the US, but can study here.
Difference between TN and H1B
- TN is a non-immigration visa, meaning you intend to return to Canada eventually. If you want a green card, this is not the path to it. TN visa can be renewed for a term of 3 years over and over, if officials approve each time. H1B is a dual intent visa, meaning you could have intentions of living in the US or in Canada in the future.
- H1B is often provided by bigger companies, and TN is a good option for startup employees.
Eligibility requirements
Check out the official site checklist.
TLDR: You’re eligible if you’re a citizen of Canada or Mexico and your profession is listed here. Also, the new position must be full time or part time (but not self employed), requires a NAFTA professional and you must be qualified for the job.
Applying to Startups?
Immigration and visas can be a daunting topic, so I’d suggest getting this out of the way early on.
Many of the startups I was interviewing with weren’t aware that getting a TN visa meant no extra work or cost on their end. I found it very helpful to explain that all I’d need from them is an official job offer to apply for TN, and the process would be done in a day.
Some startups arrange a lawyer to send you documents in preparation for your TN interview. I also had a helpful call with the lawyer walking me through the process.
How to apply for TN
You apply at the airport before flying out, or at a border station if you’re driving out. Right after security, tell the customs officer you’re applying for a TN visa, and they’ll route you to another room to wait. When it’s your turn, you go up to the counter, present your documents and answer the interview questions about why you’re moving, your new role, questions about the company, where you’ll be staying, intentions of returning to Canada and so on.
I flew out of Toronto Pearson airport on Friday early afternoon, and the process took me less than an hour. Wait time ~ 15 mins, visa interview ~15 mins and ~5 mins to pay. This can be a very hit or miss type of scenario, and also depends on when you go, so I’d recommend at least 2–3 hours before boarding time to be on the safe side.
Officers have the right to reject your visa and there are countless tragic stories about this. It’s quite scary if you’re at the airport with everything ready to go and your flight just hours away. I’ve heard it’s possible to drive out to the border and finish the visa process beforehand, though not too far in advance before your new job start date. Haven’t heard first hand about this, so if you have any stories to share, I’d love to hear them in the comments.
Key points — 2 crucial things to know for your interview
I wasn’t even aware of these before speaking to a lawyer.
- Programmers are not qualified for TN visa. If your new official role is Software Engineer or Computer System Analyst, be sure to stick to these exact names during the interview. The emphasis is that software engineer position focuses mainly on software development life cycle for the company’s product/platform and programming is a smaller part of that role. For example, that includes feature prioritization, working with designers and product managers, sprint planning etc.
This is an important one to remember even after you’ve gotten your TN visa, since you’ll be asked about your role every time you re-enter the US.
2. The nature of this visa is temporary, so it’s extremely important that you are clear about not having intensions of settling in the US long term. Words like green card and vesting period are best to avoid. Having residential ties to Canada like family or owning a home can help illustrate your strong ties to Canada and the potential of coming back.
What to bring to the interview
- Original diploma. Yes, the physical copy. Never thought I’d actually be carrying it around!
2. Official job offer letter
3. Documents to prove that the company you’re going to be working for is real. I was sent documents from the lawyer my company arranged and it included basic information about what the company does, printouts of Press and Team page off of the website and information about my role. If you weren’t sent anything, you could gather these yourself and be prepared.
4. Resume and transcripts
5. Passport
6. Fee ($50 as of 2016)
If all goes well
You get a stamp and handwritten scribble on your passport mentioning the expiry date of your visa. Make sure it’s valid for 3 years. Your I-94 departure record is available online within 24 hours which is needed to set up payroll, so bring it on your first day of work. Congratulations, you’re on your way!
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Check out Part 2 here.
Helpful links
François Chartrand has an excellent article about the process for graphic designers. If you’re planning on driving across the border instead of flying, his article also has helpful tips for you.
For business owners and those contemplating hiring a lawyer, Lea Alcantara from @abrightumbrella wrote about her experience here.
Note: Goes without saying, none of this is legal advice. I’m just sharing my own experience. Consult a lawyer for professional advice.
