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Moving From Canada To The USA

Canadians are allowed to enter the US without a visa, as Canada and the US have signed the Visa Waiver program. So, even though it seems unexpected, the fact is that Canadians are required to obtain a visa if they want to reside or work in the US for a prolonged period of time.

What kind of visa do Canadians need? Want to work or get a permanent US residence? The best course of action for a legal resident in Canada is to consult with an experienced immigration lawyer to get all the facts.

At Hans Burgos Law Firm, we have a knowledgeable staff that can help you with any legal issue regarding prolonged legal stay in the USA as well as citizenship.

Services We Provide To Canadians Trying To Immigrate

As an immigration and foreign investment law firm, our services encompass everything a Canadian national needs in order to gain a visa for a long-term or permanent stay in the USA. Since Canada, the USA and Mexico have signed the NAFTA agreement, it seems that the procedure for obtaining a TN visa for Canadians should be a simple ordeal.

One would be surprised how many TN visa requests are denied on a yearly level, meaning that plenty of Canadians are not allowed to come to the US and find employment. This is the exact reason why it is advisable to have your legal documentation prepared or at least reviewed by an experienced immigration attorney before submitting it.

TN Visa/Status Overview

The TN (Treaty NAFTA) visa is granted to Canadian and Mexican nationals who are looking to work in the USA. In legal terms, this visa has a lot of similarities with the H-1B visa but also has some important differences. Here are the main things necessary for a prospective employee to qualify for the TN visa:

  • Has a profession recognized by the NAFTA treaty
  • Is a citizen of Canada or Mexico
  • Has prospective employment in a company meeting NAFTA qualifications
  • Has a formal full-time/part-time employment offer in writing from a company in the US
  • Has all the necessary qualifications to practice the profession

The TN visa allows a prospective employee to stay in the USA for a period of three years, and when applicable, this visa can be renewed indefinitely. This is however not a Green Card or in any way an allowance for permanent residency in the USA. It is a little different for Canadian nationals, as they don’t actually get a TN visa but are granted TN status when they enter the USA and this allows them temporary stay.

To be granted a TN status to a Canadian, there are some things to consider and know beforehand. An immigration attorney can advise you on anything you need so you have no hassle when entering the USA for work.

US Green Cards for Canadian Residents

The TN status allows Canadians to enter the USA for employment but is in no way a manner for them to stay in the USA and pursue a Green Card.

To be eligible for a US Green Card, any Canadian national should change their visa to an H-1B visa. This is rather confusing and should be timed perfectly to coincide with their Green Card application.

To make matters easier for the applicant, an immigration lawyer should be consulted. At Hans Burgos P.A. we stand at your disposal and you can set up a meeting, a phone call or you can visit our Miami office, we’ll be happy to discuss your immigration case.