In contrast, Canadian citizens, who are generally exempt from the usual requirement of U.S. federal regulations to obtain a U.S. visa in advance of requesting admission to the U.S. (with limited exceptions[8][9][10][11]), generally simply present their relevant paperwork directly to a U.S. Customs and Border Protection officer when seeking a new period of authorized admission into the United States in TN status.
This leads to a variety of practical considerations for a TN status holder offered a transition to U.S. permanent residence by an employer or U.S. citizen or LPR spouse.
The governments of Canada, Mexico, and the United States negotiated a regional free trade agreement, which came to be known as NAFTA, during the 1980s.
[18][19][20] After approval of the measure by the U.S. House and U.S. Senate, President Bill Clinton signed the law on December 8, 1993, placing NAFTA into effect on January 1, 1994.
[21] The measure inserted a new sub-paragraph into section 214 of the Immigration and Nationality Act, codified at United States Code, title 8, section 1184, that states:[20] An alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as 'NAFTA') to engage in business activities at a professional level as provided for in such Annex, may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor, for purposes of this Act, including the issuance of entry documents and the application of subsection (b), such alien shall be treated as if seeking classification, or classifiable, as a nonimmigrant under section 101(a}(15).In 2020, this wording was updated by the United States-Mexico-Canada Agreement Implementation Act to reflect the new agreement.
[24] It amended section 214.6 of the Code of Federal Regulations, title 8, to provide procedures for "Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level".
[25] The section states that "Pursuant to the NAFTA, an applicant seeking admission under this section shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603" and then sets forth the professions agreed upon by the NAFTA member states.
Prior to that, starting in 1989 and continuing through 1993, qualifying individuals practicing one of the professions identified in the Canada–United States Free Trade Agreement (CUSFTA) were able to obtain TC status for legal work in the United States and Canada, creating a limited amount of freedom of labor movement.
[28] In 1994, TN status became effective through the North American Free Trade Agreement (NAFTA), which superseded CUSFTA.
[31] Renewal is accomplished either by an Extension of Stay mail-in renewal within the United States, requested as part of the employer's Form I-129 petition on behalf of the prospective employee, or by replicating the first-time route (TN status directly at the border for Canadian citizens; a new TN visa for Mexican citizens at a U.S. consular post and admission at the border).
The Canadian, arriving at the U.S. port of entry no more than the 10 days before the job start allowed by federal regulations, must:[37] The U.S. immigration officer will then adjudicate the application on the spot and grant or deny TN status.
For option (b) above, if USCIS approves Form I-129, the prospective worker may then come seek admission from a CBP officer to the United States as a TN nonimmigrant by providing the following documentation at a U.S. port of entry or at a designated pre-clearance/pre-flight inspection station: In addition, when applying for admission, the applicant should have in their possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, in order to respond to any questions about eligibility.
A non-Canadian citizen domestic partner can apply for a B-2 or B-1/B-2 visa from a U.S. consular post, and if issued, seek admission in B-2 classification for up to one year.
In general, there can be income tax liabilities in accordance to where the employee works regardless of where legal or physical residence is maintained during employment.
For example, after a minimum of 1.5 years of work in the U.S., workers become eligible for a pro-rata Social Security benefit under what is known in the U.S. as a totalization agreement.
After more than 10 years of work in the U.S., the regular Social Security benefit calculation minus the Windfall Elimination Provision will be applied.
However, TN status may be significantly easier for some Canadians or Mexicans to obtain, as it is not subject to the annual cap that applies to H-1B visa issuance.
Therefore, Canadians or Mexicans on TN status must be careful if they desire to ultimately pursue the green card.
In the case of an investigation or audit by the Immigration Service or Labor Department, the employer must show that the worker is in valid status.