Comment by hn_throwaway_99
Comment by hn_throwaway_99 2 days ago
The US State Department literally calls it a visa, I'd trust them before I trust random Internet commenters: https://travel.state.gov/content/travel/en/us-visas/employme...
Comment by hn_throwaway_99 2 days ago
The US State Department literally calls it a visa, I'd trust them before I trust random Internet commenters: https://travel.state.gov/content/travel/en/us-visas/employme...
A TN visa is a visa, but what someone is “on” is a status, not a visa. Visas are only relevant to the moment of entry. You need a visa of type X to ask to enter with status X.
The exception to that is Canadians like OP, they don’t need most visa types (the E investor/trader visa is the exception—but TN, H1B, etc., don’t need).
I edited my reply because it is sometimes referred to as both. But hey, can't rob you of the joy of correcting someone on the Internet.
https://www.uscis.gov/working-in-the-united-states/temporary...
"If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.
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:"
"You may be eligible for TN nonimmigrant status, if:
You are a citizen of Canada or Mexico;
Your profession qualifies under the regulations;
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."
"If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant. "The main point is this has none of the process usually related to "visas" and even if that term is sometimes used along with "TN status" it's its own special thing. Canadians don't need a Visa to visit the US and I am not a lawyer. Mexicans might be in a slightly different situation. Either way, the proper legal answer has no influence whatsoever on the points being made.
Being pedantic, the authorized admission into a country is a visa.
TN status is a special thing. A TN visa is just a non-immigrant visa given to a TN-eligible Canadian or Mexican citizen.
Canadian citizens don't need to receive a visa prior to their departure for the U.S.; they can get a form of "visa on arrival" through their TN classification. Mexican citizens need to get a TN visa in order to be eligible to get a visa on arrival when they arrive.
You guys are talking about two similar and related but different things.
TN is both a "nonimmigrant classification" and a visa. The TN nonimmigrant classification is what is what grants a Canadian citizen eligibility to enter into the U.S. without a visa. A TN visa also grants a Canadian citizen entry into the U.S., and is required for TN nonimmigrants to enter with family members. In a nutshell, you establish your TN classification at your port of entry with (a) proof of Canadian citizenship, (b) letter from employer or prospective employer, and (c) any required credential and fees. You can acquire a TN visa the same way, or (recommended) at a U.S. consulate or embassy prior to your trip, and the primary difference is that the TN visa takes a little more time and paperwork.
Prior to this administration, TN status was a simple and short process; we had dozens of Canadian employees visiting the U.S. every week. However, the current administration does not believe in following established laws, so our legal counsel has been advising us to apply for TN visas for Canadian employees visiting the U.S prior to their trips to avoid any surprises at the border.
Note: Mexican citizens don't get TN nonimmigrant classification status. They must apply for the TN visa at a U.S. consulate or embassy in Mexico prior to their departure for the U.S. They must then apply for admission (aka, a visa) into the U.S. again when they actually arrive (basically, they need a TN visa to get a visa. It is as ridiculous as it sounds.)
Canadian employees visiting the united states is usually not a situation requiring a TN. That said most of the time this happens the visitors are indeed breaking the law. So one could argue that the current administration does believe in following the law.
One of the situations when I had a TN was exactly like that. Canadian employees of a US startup needed to get a TN so they're not hassled at the border.
Many administrations ago. Before the first Trump presidency.
Either way getting your Canadian employees TN status is easy and is probably a better solution.
Well, if you read through your link, you'll understand what parent comment is talking about.
> Requirements for Canadian Citizens
> A visa is not required for a Canadian citizen entering the United States as a USMCA Professional, although a visa can be issued to a qualified Canadian TN visa applicant upon application at a U.S. embassy or consulate.
> A Canadian citizen can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about receiving TN status without applying for a visa is also available on the U.S. Embassy Ottawa website.