Just as with any important presentation, the key to a successful TN visa application at the Canada/U.S. border is preparation. Due to the high-stakes nature of the application process, many Canadian applicants are understandably uncomfortable with applying for TN status at a U.S. port of entry. With proper preparation and supporting documentation, though, you can effectively minimize the chances of your application being denied.
Read on as we take the mystery out of the TN application process and provide you with the necessary tools to minimize your worry when applying in person for TN status.
The first step in preparing to apply for the TN visa is to ensure that you and the U.S. position you seek to fill are eligible for TN status. For an overview of TN eligibility for Canadians, please see Nolo’s article, “TN Visa Application Procedures for Canadians.” The most common reasons for denial are lack of evidence of eligibility, so it’s important to bring clear, concise documentation to your appointment. Most commonly, applicants encounter difficulties when they have forgotten educational records, or documentation from the employer that explains the position’s duties.
You’ll also want to be sure you are free of any inadmissibility issues separate from the TN requirements that will prevent you from obtaining entrance into the United States. Review Nolo’s materials on inadmissibility to assess your individual circumstances and whether a waiver may exist to cure this issue.
Once you and your employer have determined that you are TN-eligible and that you don’t appear to have any inadmissibility issues, the next step is to gather the necessary documentation to support your application, in preparation to present these to the Customs and Border Protection (CBP) officer at the U.S./Canada border.
A big mistake that some applicants make is to rely on their employer or lawyer to prepare the documents, and then pay no attention to what the packet of materials contains. You’ll want to be sure to review the documents so that you’re ready to explain them to the border patrol officer if he or she chooses to ask you questions rather than read the packet. If you don't understand something, contact your employer or lawyer for an explanation.
The next step is to determine the appropriate application location for your TN based upon your work and travel needs, whether it is at pre-flight clearance or at a designated U.S. land port-of-entry.
Many applicants are concerned they will receive a different standard of review depending upon the port they visit to make the application. However, there is simply no truth to this belief.
Many applicants are also concerned about renewing TN status in a different location than where the initial TN was approved. Applicants fear this may lead to additional scrutiny in how the application is analyzed. However, Customs and Border Protection has made great efforts to ensure that all officers are properly trained to review TN applications and has instituted the use of a checklist for each TN application, to ensure consistency in application review.
In 2014, CBP started using a TN eligibility checklist in its interviews. This has led to much greater structure and uniformity in the border application process. The introduction of this checklist also serves as a quality guideline to what the application documents need to address, taking away much of the mystery of how the interview should proceed.
According to the CBP checklist, at the U.S./Canada border, a TN applicant should be prepared to provide the officer with:
Whenever possible, applicants should bring an original of the education and experience documentation, as CBP is entitled to request these. If you have obtained a waiver of inadmissibility from U.S. immigration authorities, also bring documentation of this approval.
If dependents, such as your spouse and children will be accompanying you and making their own TD applications, you’ll also need to bring documentation showing their relationship to you. This ordinarily includes such items as a marriage certificate, birth certificate, or adoption record, along with an English translation, if applicable. If possible, bring originals or certified copies of these supporting documents.
If all goes well and the CBP officer approves your TN application, here’s what happens next. If you arrive at a land border, the officer will provide you with a paper Form I-94. Before proceeding into the U.S., double check that the date of expiration was properly filled out and ask that any corrections be made at that time, to avoid issues later.
If you apply and are approved at an airport pre-clearance location, you will be provided an electronic Form I-94, which can be accessed only online. Log into the CBP website as soon as you can, to make sure that the proper dates are listed on the Form I-94. If you spot any errors, you will need to make an appointment at your closest CBP deferred-inspection site, in order to have your Form I-94 corrected as soon as possible.