Canadians: Interested in U.S Opportunities?

If you're considering career opportunities in the United States, read on. Canadian professionals (particularly in the computer field) enjoy an excellent reputation south of the border. The U.S. requires skilled computer professionals with experience in databases, software development, networking and Internet/Intranet. As a result, many American employers specifically recruit Canadian candidates for these technical positions. The staff at Global Personnel have extensive experience dealing with U.S. employers so we know what kind of opportunities exist. We also know the associated immigration implications for Canadian professionals wishing to work in the U.S.

The passage of The North American Free Trade Agreement (NAFTA) has created a new class of visa to allow Canadian professionals to work in the U.S. This visa is known as the TN-1 visa and it is the fastest, easiest and least complicated to obtain. Keep in mind that the TN-1 visa is not a substitute for a green card.

Key Features of the TN-1 Visa:

  1. The TN-1 visa is good for one year but may be renewed indefinitely
  2. It requires no complicated forms from a prospective U.S. employer - only a letter
  3. Application for the TN-1 visa need not be done in advance - in fact, you can obtain it in person at the border with the proper documentation

Eligibility
To qualify for the TN-1 visa, you must meet all of the following criteria:
You must be a Canadian citizen.
Landed immigrants and non-citizens are ineligible and should apply for a H-1B visa instead of the TN-1.

You must have a job offer from a U.S. employer.
The nature of the work you'll be doing must be detailed in a letter from the employer. At the time of your entry to the U.S., you must present this letter to the Immigration and Naturalization Service (INS). Because the TN-1 visa is granted for only one employer for a particular type of work, you will need to obtain another TN-1 visa if you change jobs while in the U.S. You cannot be self-employed and work in the U.S. on a TN-1 visa. The E-2 (investor) visa may be a wiser choice. For contract employees, a letter from the employer disclosing the fees you will receive should be sufficient for both the INS and IRS.

The work in the U.S. must be temporary.
The letter your employer provides must explicitly state that your work in the U.S. is temporary. This is because the TN-1 visa is intended for temporary or contract work only. A 12-month contract position is acceptable, but an open-ended offer without a termination date is not. By the way, after you start working in the U.S. on a TN-1 visa, you may apply for permanent resident status.

Your U.S. worksite must be free of current labour disputes.
If there is a strike or lockout from a labour dispute at your place of employment in the U.S., you cannot obtain a TN-1 visa. Have your employer include a line in its letter confirm that there are currently no labour (labor) disputes at this site.

You must be qualified to practise your occupation