Due North: The TN Visa May Be Best When Hiring a Canadian Professional
January 27th, 2012 § Leave a Comment
Are you thinking about hiring a professional from Canada? If you do, you don’t need to worry about getting H visas in on time!
There is a simple way called a TN Visa (trade national) under NAFTA that allows certain professionals (such as physicians, chemists, dentists, architects, and teachers to name just a few) from Canada to enter the U.S. to work.
In many situations, they are preferable to H visas because
- They are renewable continuously.
- There is no limit to the number of visas available.
- There is no time limit on when you can apply for one.
Also, a citizen of Canada can apply for the TN visa while attempting to enter the U.S. directly at the port of entry. They do not need to apply at a Consulate or the USCIS, as they do for H visas.
TN visa holders can be admitted for up to three years if they have a passport valid for the entire period and the employment will last at least that long. If an employer wants to hire a Canadian, the business should write a strong employment letter to support the Canadian’s visa application at the border.
It should include details such as place of employment, length of job, wage and details of job duties. But remember, if the employer states the job will last 24 months, then the visa, when granted, will be only for 24 months and not three years.
Also, a TN Visa holder can always renew the TN visa for the same or other employer beyond the initial amount of time, with no limitation on number of renewals. Again, this is unlike an H visa, which is only available for a maximum of six years for the foreigner(two three-year periods).
If you are considering hiring a Canadian, give us a call to discuss your options. There are some professions and job titles that do not qualify for a TN visa, so it is best to check with counsel before proceeding. We would be happy to discuss this with you! It’s what we do.
