The great advantage of the TN-1 process is the relative speed with which this visa status can be acquired. Most TN-1 visa applications may be made "on the spot" at land-, sea-, or airports of entry. Typically, Canadian citizens flying to the United States from Canada will apply for their TN-1 visa applications at designated "Pre-Flight Inspection stations" - located within major Canadian international airports - before leaving Canada. Many U.S. employers hiring Canadian citizens find that they can bring their candidates "on board" (and on U.S. payroll) within a matter of days or weeks, rather than the months-long wait that the H-1B or L-1 visa application process usually requires.

Another advantage of the TN-1 category is that, unlike the H-1B visa category, the TN-1 has no annual limits per fiscal year. In theory, an unlimited number of TN-1 visas can be issued each year. Further, unlike the H-1B or L-1 nonimmigrant visa categories, there is no set "cap" on the amount of time a Canadian citizen may remain in the United States in TN-1 status.

However, the TN-1 is not a panacea for Canadian applicants. Unlike the H-1B visa category's 3-year validity period, TN-1 status may be approved for no more than a one-year period, though TN-1 status may (theoretically) be indefinitely renewed after initial entry. Spouses and children of TN-1 workers are eligible for dependent visas in the TD ("Treaty Dependent") nonimmigrant visa classification. TD spouses and children may not work, though it is possible that TD spouses, if eligible, may independently qualify for their own TN-1 visas.

The Department of Homeland Security (DHS) presumes that all applicants for admission to the United States (including TN-1 visa applicants) are "intending immigrants". Any foreign citizen, including TN-1 Canadians, attempting entry to the United States may be denied admission unless they can prove they have no intention of immigrating to the United States. Though there is an exception to this rule in the case of H-1B and L-1 visa-holding applicants for admission, TN-1 visa applicants remain subject to this presumption. Therefore, it is imperative for all TN-1 visa applicants to understand that they may not have any intention of immigrating to the United States while they remain in TN-1 status. Any Canadian citizens who are considering plans to immigrate to the United States during their stay should first contact your BAL Attorney or email: for further details.

NOTE REGARDING ACADEMIC DEGREES: Most, but not all, TN-1 categories require a baccalaureate degree as the qualifying academic credential. A few categories require an advanced degree (e.g., Librarian). When a baccalaureate degree is required for a particular professional category (e.g., Engineer), the DHS examining officer will typically want to see that the TN-1 applicant possesses a degree from a North American (i.e., Canada, the United States, or Mexico) academic institution. Should a TN applicant possess a degree from an academic institution located outside North America, an evaluation of the foreign degree from a "reliable credentials evaluation service" must first be obtained.

Further, the DHS will typically expect a TN-1 visa applicant to possess a degree related to the field in which s/he will work in TN-1 status. For example, a Canadian citizen with a Biology degree may not necessarily be considered qualified for TN-1 visa entry if performing professional activities as a Geologist. DHS may consider that same candidate eligible for TN-1 entry as a Biologist, but only if the candidate will, in fact, perform duties as a Biologist at a professional level. Therefore, please keep in mind that possession of a baccalaureate degree in any one of the fields below will not necessarily guarantee a successful TN-1 visa application, unless the candidate will perform business activities related to their area of academic expertise. There are occasional exceptions to this rule, however, so candidates concerned regarding this issue should contact your BAL Attorney or email: tn@usabal.com for further details.

TN-1 Visa Classification Procedures

Start Company and candidate forward to Berry, Appleman & Leiden (BAL) information necessary to begin the case. Information and documents are reviewed and organized by BAL. BAL performs legal analysis and develops case strategy Documents: TN-1 Application Preparation BAL prepares final documents for company. BAL prepares final documents for the candidate's spouse and children, if included in process (e.g., TD visa extension). Company and candidate (and family members, if applicable) review, sign, and return final documents to BAL BAL performs a final check of all documents, forms, and letters. DHS (Department of Homeland Security) BAL sends completed TN-1 "package" (comprised of documents, letters, etc.) to Canadian candidate/ applicant. Candidate personally presents the TN-1 visa application to DHS inspections officer at U.S. port of entry, or at "Pre-Flight Inspection station", located within a major Canadian international airport. DHS officer issues candidate "I-94" card, allowing candidate to work for U.S. employer for no more than one year. Finalizing Work Authorization BAL provides instructions toward initiation/ continuation of DHS work authorization. Candidate completes DHS Form I-9 and starts work with company. Candidate and family members provide copies of I-94 cards to BAL