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can canadian pr get tn visa

by Dr. Coty Koch Published 3 years ago Updated 2 years ago
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A Canadian PR gets you absolutely no rights in the US. A Canadian citizenship opens the door to getting a TN/NAFTA

North American Free Trade Agreement

The North American Free Trade Agreement is an agreement signed by Canada, Mexico, and the United States, creating a trilateral trade bloc in North America. The agreement came into force on January 1, 1994, and superseded the 1988 Canada–United States Free Trade Agreement be…

visa if your occupation is on the NAFTA list, see http://www.consular.canada.usembassy.gov/nafta_professions.asp D

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals.May 23, 2022

Full Answer

Can a US citizen get a TN visa for Canada?

Canadian PR holder will need visa to visit US but US GC holder can visit Canada, can get visa on the Canadian POE. Canadian, US and Mexican Citizens qualify under NAFTA and are eligible to apply for TN visa. Hope this helps.

What is the difference between a TN and a Canadian citizen?

Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa.   The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement.

Can a TN visa renewal be denied by CBP?

By this time, a CBP officer may conclude that the applicant has no intention to return to Canada and thus deny the renewal. If a Canadian citizen has been in TN status for several years, he or she should speak with an immigration lawyer about changing to another visa category, such as an H-1B visa.

Can a Canadian citizen with TN status change to H-1B?

If a Canadian citizen has been in TN status for several years, he or she should speak with an immigration lawyer about changing to another visa category, such as an H-1B visa. A third disadvantage to TN status is that it is more difficult to apply for an employment-based green card.

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Can a Canadian permanent resident get a TN?

TN Visa Overview For this reason, it is only available to Canadian and Mexican citizens who then enter and work in the U.S. as NAFTA professionals. Keep in mind that the candidate must be a bonafide citizen of either Canada or Mexico —lawful permanent residents of these countries do not qualify for TN visa status.

Can I work in US with Canada PR?

In order for a Canadian citizen or permanent resident to work in the USA, you must first have a job offer from a USA employer who will sponsor you for a work visa. There are several categories of USA work visas that Canadians are eligible to work under: H-1B Visa Temporary Work. TN Visa – NAFTA.

Can a Canadian PR work remotely for a US company?

Yes, you can live in Canada and work remotely for a US company. However, you need to pay taxes. There are three ways to work remotely from Canada; as an independent contractor, foreign employee, or through a PEO. If you choose to be a foreign employee, you need to be familiar with the tax obligations.

How can a Canadian get a TN visa?

For Canadian citizens, the TN application can be made at the US Consulate, US point of entry, or through the USCIS with Form I-129.

Is Canada PR better than H1B?

Canada PR – Which One Is Better in 2022 (For Indians)?...Limitations of H1B Visa vs Canada PR.US H1B VisaCanada PRYou can only extend the H1B visa once for a total maximum stay of six yearsYou may not be able to patronize some favourite chains on Canadian soil that you find in the US4 more rows

Can Canadian PR holder Visit USA without visa?

Permanent Residents of Canada You must get a visa from the American authorities before you enter the US. It is a good idea to apply well ahead of the time you plan to travel. You must also have a valid passport from your country of citizenship.

How can I move to USA from Canada?

There are several ways through which one can move to US from Canada and obtaining a Green Card. The most common ones cover employment and spousal sponsorship. When it comes to employment, E visas are the most requested by highly skilled Canadian citizens seeking to immigrate to the US.

How can a Canadian get a US work visa?

Obtaining the O-1 Visa as a Canadian Citizen The employer in the U.S. makes the initial application by filing Form I-129, Petition for Nonimmigrant Workers with the USCIS, along with supporting documentation proving that the applicant fulfills the requirements for the O-1 visa.

Can you live in Canada and work in the US remotely?

It's entirely possible to work remotely — remaining in Canada while working for a US company. Remote workers also get to retain a lot of their freedom, avoid stressful commutes, and spend more time with family.

Is TN visa better than H1B?

Differences Between TN Visa and H1B Visa H1B visas are much more difficult to obtain but allow for dual intent, while TN visas do not. Also, eligibility for a TN visa is restricted to a list of approved occupations, whereas the H1B only requires that the occupation involves Bachelor degree-level skills or knowledge.

Can I apply for TN visa without job offer?

You must have a job offer from a U.S. employer before applying for TN status. You cannot apply on your own without such an offer of employment. The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico.

Who is eligible for a TN visa?

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals.

Can Canadian PR work in USA Quora?

A Canadian PR cannot work in the US . After you become a Canadian citizen you can work in US under the NAFTA (North American Free Trade Agreement) agreement. Citizenship is obtained after you have lived in a country as a PR for three years. If you are a Canadian PR you May visit US after applying for US visa.

Can permanent residents work in the US?

As a permanent resident (Green Card holder), you have the right to: Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law. Work in the United States at any legal work of your qualification and choosing.

Can I live in Canada and work in US on H1B?

Once you become a Canadian permanent resident, you require a US-issued B1/B2 multiple entry visitor visa so you can meet USA employer. It is easy to apply for visitor visa and it allows you to attend business meetings and conference. You are not allowed to work in USA without work visa/H1B.

Do you have a Job Offer?

One of the biggest hurdles Canadians face when looking for a job is getting a U.S. employer to hire them in spite of the TN Visa requirement. Most...

Do you Qualify for the TN Visa?

It is critical that you qualify for the TN Visa. What most people do not realize is that the job must also qualify under NAFTA. This is explained f...

Are You Applying by Mail or at the Border?

The TN Visa for Canadians now allow you to apply via mail or at a border crossing in person. If you apply by mail, it can take 2 to 3 months for pr...

How to prepare for the Border Interview?

Most people are not prepared for the border interview. People assume if they have their TN Visa Application and present it at the border they will...

How to create a letter for a TN visa?

The TN Visa is unlike most U.S. immigration visas. Whether you apply by mail or in person, you will need to complete a free form application letter...

How old do you have to be to get a TD visa?

You are entitled to request TD dependent visa status for your spouse and children under the age of 21. Your dependents may attend school as long as they continue to qualify under the TD visa classification criteria

What is a nonimmigrant visa?

The North American Free Trade Agreement (NAFTA) established a special TN nonimmigrant visa category, which enables Canadian and Mexican citizens to be admitted to the U.S. to engage in “business activities at a professional level”.

Can you travel in and out of the US?

You can freely travel in and out of the U.S. provided you have a valid TN status

What is a TN visa?

The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico. Though the term “visa” is often used, Canadians are not actually issued a TN “visa.” Instead, they are admitted in TN status if approved.

How long does a TN visa last?

There are several advantages to applying for a TN status. First, TN status is granted for three years, the same duration as an H-1B visa.

What are the disadvantages of being a TN?

One disadvantage to TN status is that it only applies to a specific group of professions. Specifically, you must qualify under one of the 60+ professions on the professional occupations list in order to be eligible for TN status.

How to apply for TN status?

There are two ways to apply for a TN status: 1) in person at a port of entry (POE) to the United States, such as a major Canadian airport or a land border; or 2) the employer files a petition to USCIS.

What happens if you are denied TN status?

If you are denied TN status at the port of entry, you will be told the reason why and you can attempt to cure any deficiencies in a new application. If TN status is denied by USCIS, it takes a lot longer – and a lot more money – to obtain a favorable decision.

Is TN a USMCA?

As of July 2020, TN visas are being issued under the newly formed United States-Mexico-Canada Agreement (USMCA). While NAFTA no longer exists, Appendix 1603.D.1 that governs TN visas has been incorporated into the USMCA, and the procedure and criteria remain the same.

Should I apply for TN status at a port of entry or through USCIS?

Second, CBP officers will make a decision whether to approve a TN application immediately. On the other hand, applying for TN status through USCIS will take longer and cost the employer much more in legal fees and filing fees. If you are denied TN status at the port of entry, you will be told the reason why and you can attempt to cure any deficiencies in a new application. If TN status is denied by USCIS, it takes a lot longer – and a lot more money – to obtain a favorable decision. You may also be required to leave the United States during this time.

What is TN visa?

The TN Visa was created by the North American Free Trade Agreement (NAFTA) in order to facilitate temporary employment in the United States for approved Canadian and Mexican citizens. The purpose was to strengthen business and trade relations between the United States, Canada, and Mexico.

How to renew TN visa?

The process of renewing or extending your TN status can be carried out by filing Form I-129H1 along with proof of the TN status holder’s education/citizenship and a letter addressing the need for the extension. At the point in which the job or TN status officially expires, individuals are required to leave the country. Unlike the H-1B grace period, TN visas do not have this leeway period.

How long does it take to get an I-129H1?

Generally, you can expect it to take about six months to process your I-129H1.

How many professions qualify for a TN visa?

Here is a list of the 60 professions that qualify you for a TN visa:

Does premium processing increase chances of approval?

While premium processing does shorten your processing time, it does not increase your chances of being approved. If the USCIS fails to process your petition in that time after you have filed the I-907 premium processing form, your premium processing fee will be refunded and your petition will be processed normally.

Can a spouse work in the US with a TD visa?

The TN visa holder’s spouse and/or children under the age of 21 may be eligible for TD nonimmigrant status. This status allows dependents to enter the U.S. with the TN visa holder and be granted the same period of stay. There are some restrictions to the TD nonimmigrant status for dependents. Spouses and children are not permitted to work while in the United States, but they are permitted to study.

Can I live in Canada and the US?

yes for both. If you want to live in the US rather than Canada, why don't you apply to the US directly. I am in the US now, jobs are hard to come by but the good news is that H1B visa is easy to get.

Do Canadians need a visa for NAFTA?

Again: Canadians do not need a visa for NAFTA status . Do not confuse a visa with status, in the same way you should not confuse a TRV with visitor status for Canada... H1-B does not give you residency any more than NAFTA status does.

How long does a TN 1 visa last?

TN 1 visa is issued for three years and can be renewed. There is no limit to the number of times it can be renewed. The process is very straightforward.

Can an American citizen apply for a green card in Canada?

There is an exception, though for American citizens born in Canada. They are permitted to apply for green card by proving their family lineage.

Can I bring my spouse to the USA with a TD visa?

The process is very straightforward. TN visa applicants can even bring their spouse and children (under 21) to the USA while the TN visa is valid. Dependent family members can apply for a TD visa. If the application is approved, the dependents receive an I-94 record stating their duration of stay in the USA, usually the same as that of the TN visa holder.

Can a TD visa be extended?

TD visa holders cannot work in the USA, but they can study at US institutions without applying for a student visa. The duration of stay can be extended, provided the dependents hold a valid passport that extends beyond their stay period, have not violated the terms of staying in the USA, and have not committed a crime.

What form do I need to apply for TN?

In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.

How to qualify for TN classification?

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

What is a NAFTA professional?

The position in the United States requires a NAFTA professional; You have a prearranged full-time or part-time job with a U .S. employer (but not self-employment - see documentation required below); and. You have the qualifications to practice in the profession in question.

What is the North American Free Trade Agreement?

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Can I file for TN on behalf of Canadian citizen?

Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS. Premium Processing Service is available.

Can dependents of TN be TD?

Dependents of TN Nonimmigrants. Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD non immigrant status. Spouses and children are: Not permitted to work while in the United States, but they are permitted to study.

Can I apply for a TN visa as a nonimmigrant?

If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:

What is a TN visa?

The TN visa is a nonimmigrant work visa designed specifically for the citizens of Mexico and Canada to work temporarily in the U.S. provided that they have a certain occupation. These two countries are joined with the U.S. by the North American Free Trade Agreement (or NAFTA) and the workers that come and go through TN status are referred to as NAFTA professionals. Here are the main requirements for a TN visa: 1 You must be a citizen of either Mexico or Canada—lawful permanent residents of these countries are not eligible. 2 You are not self-employed 3 You must have a part-time or full-time position with a U.S. employer for one of the following positions that require NAFTA professionals:#N#Accountant#N#Plant Breeder#N#Poultry Scientist#N#Soil Scientist#N#Zoologist#N#Landscape Architect#N#Forester#N#Graphic Designer#N#Chemist#N#Dairy Scientist#N#Entomologist#N#Epidemiologist#N#Geneticist#N#Hotel Manager#N#Industrial Designer#N#Interior Designer#N#Land Surveyor#N#Lawyer#N#Management Consultant#N#Mathematician#N#Librarian#N#Urban Planner#N#Vocational Counselor#N#Dentist#N#Dietitian#N#Medical Laboratory Technologist#N#Range Manager#N#Research Assistant#N#Scientific Technician#N#Social Worker#N#Technical Publications Writer#N#Pharmacist#N#Physician#N#Physiotherapist#N#Psychologist#N#Recreational Therapist#N#Registered Nurse#N#Seminary Professor#N#University Professor#N#Veterinarian#N#Architect#N#Computer Systems Analyst#N#Economist#N#Engineer#N#Agriculturist#N#Animal Breeder/Scientist#N#Agriculturist#N#Astronomer#N#Biochemist#N#Biologist#N#Geochemist#N#Geologist#N#Geophysicist#N#Horticulturist#N#Meteorologist#N#Pharmacologist#N#Physicist#N#Nutritionist#N#Occupational Therapist#N#College Professor

What are the requirements for a TN visa?

Here are the main requirements for a TN visa: You must be a citizen of either Mexico or Canada—lawful permanent residents of these countries are not eligible. The TN is divided into two categories. The TN-1 is for Canadian citizens and the TN-2 is for Mexican citizens.

How much does a TN visa cost?

As far as cost is concerned, you are only responsible for the I-129 processing fee of $460, an application fee of $50, and an I-94 arrival/departure card fee of $6, totaling at $516, far less than the average nonimmigrant visa.

What is the most popular nonimmigrant work visa?

The H-1B is the most popular nonimmigrant work visa available due to its many benefits and its inclusivity. As long as you have a bachelor’s degree and a U.S. job that requires that degree, then you are eligible to receive this six-year visa.

How long do you have to be an employee to get an L-1 visa?

You need to have been an employee in the overseas branch for at least one year in the three years preceding your L-1 petition. Here is an example where it would work if you had a TN visa:

Can I file for a dual visa?

Once you have a dual intent visa, you can immediately file the petition for your green card. If you are going for an employment-based green card you will need to either file an I-140 petition for alien worker or have an employer file one on your behalf. There are some green cards that allow you to self-petition (such as the EB-1A and the EB-2 with a National Interest Waiver), but most require you to have a sponsoring employer to file for you.

Is L-1 visa better than TN?

The L-1 visa is also a good alternative to the TN, but not a perfect one. It allows multinational companies to send their managers, executives, and specialized employees to their locations in the U.S. There is no annual cap or lottery and there is no education requirement, making it an ideal option in light of the H-1B. Additionally, an employer can file one petition for multiple L-1 visas at the same time, making it cheaper on the employer.

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