Getting a TN-1 Visa (One Canadian’s Experience)
I decided to write about this experience because of all the conflicting information I got before actually getting my TN-1. In all honesty, I found the experience to be a slight pain. However, having been through it once, I think in the future I’d find it much easier.
First off, for those who may not know, a TN-1 visa is the easiest way for a Canadian citizen to live and work in the US. It is a non-immigrant visa meaning that you cannot apply for US permanent residency or a “Green Card” while living/working in the US on a TN-1. The visa is valid for a year, but renewable annually for an indefinate period of time. There is no cap on the number issued (like H1B), you can get it at any border crossing without any waiting, and it will only cost you around $50.
In principle, getting a TN-1 is simple. All you need is:
- A willing employer
- A job that’s on the list of NAFTA professions (I qualified as a Systems Analyst). The list can be found here.
- The required education / experience which can also be found on the above link (for me a 4 year degree was enough)
- Proof of Canadian citizenship (passport)
When I was looking into getting a TN-1 visa, I called the Pacific Highway crossing in Surrey to ask them a few questions. Finding the phone numbers was a pain, but you can find them on the website for US Customs and Border Protection (CBP). Even though I had graduated, SFU only has two graduation ceremonies a year, and I didn’t yet have my physical certificate. I phoned to ask what to do about this, and to my amazement, the officer told me that my degree in Information Systems DID NOT QUALIFY ME TO BE A SYSTEMS ANALYST!! Can you believe it?
At this time I had still believed that I could get a visa by just going to US Customs as long as I was planning on entering the US for work within two weeks. I had read this on a few blogs and informational websites. So, the next day with all my paperwork in tact, I went down to the customs in Aldergrove, BC. This was also a complete mistake and is a prime example of why you should only go to major crossing where they process visas on a daily basis. I immediately found out that you absolutely, positively cannot get a TN-1 unless you are actually crossing at that moment to live in the US. If you’re moving across the continent like I did, this means you have to book your flight and have everything lined up, all while it is not even guaranteed that you’ll get your visa. In any event, when I arrived I asked them to look over my employment letter and just make sure everything was kosher. The guy looks at the letter and says to me “This letter doesn’t tell me enough about the company”. I pointed at the paragraph talking all about the company. Then he says “This letter doesn’t give me the contact information for the company”. I pointed at the letterhead which had the full name, address, and phone number of the company I would be working for. Then he says “Well I’m not sure what a third party logistics provider is, you need to provide more information.” All of this turned out to be completely false, my letter was fine. They just don’t process enough visas at such a small crossing to know anything about what is required. While there I also confirmed that my degree was fine for the visa I was applying for. He confirmed that this was the case and told me that the last border agent I had spoken with didn’t know what he was talking about…great! He also told me that in the absence of a paper degree, I needed a letter from my university stating that:
- I had graduated and that I don’t have a physical degree because there is only one ceremony / year.
- My degree can not be revoked
- I will have the certificate come June
I ended up getting this from SFU and I had no problems when I did end up getting my TN-1.
Because I didn’t want to get prepared to move to Jacksonville, only to find out at the airport I was denied for a visa after getting out my lease in vancouver and making all my arrangements, I decided to do a Visa run. I got all my documents together and booked a flight to Jacksonville on a Sunday, returning to Vancouver on Monday. It cost me some $$, but at least I would know for sure whether or not I would get the visa. I printed out the job description from the US department of Labor for “Computer Systems Analyst” and brough it with me incase they told me (again) that I needed a Computer Science degree. The job description clearly says
…employers often seek applicants with at least a bachelor’s degree in a business-related field such as management information systems (MIS).
This would be my arguing point, although it never came to that. I also had by passport, a copy of my flight itinerary (I drove across at the Pacific Highway Crossing and flew out of Seattle), my letter from SFU, and my employment offer. I booked each way of my tickets seperately so that when I handed the officer the proof I was flying out that day he didn’t see the return flight. When I arrived I handed the border officer my documents. He never asked me any questions. He processed my visa, stamped my passport and stapled a departure card to it, and I paid my fee on my credit card. Away I went……and the rest is history. It took me maybe 15-20 minutes in total.
Here are some things I learned as part of the process:
- You need original documents with original signature. I had my employer Fedex me my offer of employment. PHOTOCOPIES WILL GET YOU REJECTED.
- Bring a print out of the job description from the US department of labor with you to prove your degree matches the job.
- A “visa run” is a relatively inexpensive way to make sure you’ll get your visa before you get out of your lease and sell all your stuff to move.
- Don’t go to a small crossing. I recommend Pacific Highway. I have read horror stories about Peach Arch, and my experience was pleasant and quick at Pacific Highway.
I also wanted to mention that I found this website to be extremely useful for information on getting a TN-1. It’s the website for the law offices of Joseph Grasmick. I recommend that anyone who is interested in getting a TN-1 read every word of that website.
