Post
by Kayalami » Wed Dec 28, 2005 10:01 pm
TN has specific requirements which if you don't meet then you won't get admission. These include:
1. Canadian or Mexican citizenship. Canadians can apply for TN at a POE, Mexicans must apply for a TN visa from a US consulate.
2. Employment in a job that requires a minimum undergraduate/bachelor degree which you must hold. Unlike the H1 there is no 'experience equivalent' in lieu of the degree.
3. TN is non immigrant visa issued for max 1 year duration. Most employers will thus specify that the period of employment is of no more than 12 months duration.
So as a Canadian you need to show the POE inspector a contract/letter of employment backed up with the relevant documents to include evidence of Canadian citizenship. You will pay a filing fee (currently) 50 US dollars. Most POE's have a NAFTA Inspector/s who are on the ball with these things. Toronto (Pearson) has Pre-clearance so if you get issues you can always withdraw your application for admission and retain various judicial rights being on Canadian soil.
Depending on the reason for refusal where you proceed with the application such may or may not impact on chances of re-entry. If Inspector believes that you are an intending immigrant, have falsified documents etc then US re-entry is obviously not an option likely in the long term or even never. If refusal due to lack of enough evidence to show TN criteriea then the Inspector could tell you to come back again better prepared. I suggest you check the NAFTA handbook for a heads up on the TN.
Even if you re-enter the US you can never work without authorisation so if you don't have TN (or other appropriate visa) then you are effectively putting the noose round your neck.
hope that helps