Applying for TN-1 status can be a complex process that if not handled properly can lead to a denial or even potential bars upon entry to the United States. We are often approached by individuals that have been denied entry into the United States under TN-1 status due to flaws in their application. Although many denials can be overcome, it is best to be properly prepared before seeking to obtain TN-1 status. The following is a list of items to consider before seeking entry into the United States under TN-1 status:
- Obtain a degree evaluation – If you obtained your academic degree outside of the United States or Canada, you must first obtain an evaluation of your degree to determine its equivalency to a U.S. degree. If you do not obtain a degree evaluation you could be denied entry into the United States and asked to obtain an evaluation before re-applying.
- Carry a valid passport valid for the duration of your requested TN-1 status – TN-1 status can only be issued for as long as your passport is valid. If you are seeking entry for a three (3) year period your passport must be valid for at least three (3) years.
- Carry original proof of your academic degree – You must carry the original copy of your academic degree, official transcripts or other valid proof of your academic degree. If you do not have original proof of your academic degrees you could be denied entry into the United States and asked to re-apply with original proof of your degree.
- Obtain proof of experience – For certain TN-1 professions that require experience, it is necessary to provide proof of your experience. The most common way to prove experience is through letters from former or current employers. A resume is not sufficient proof of previous experience. If you do not have proof of your experience you could be denied entry into the United States and asked to re-apply with acceptable proof of your experience.
- Carry proof of non-immigrant intent – In order to be admitted in TN-1 status you must be prepared to show your permanent ties to Canada and your intentions to maintain and return to Canada upon completion of your temporary stay in TN-1 status. If you are unable show your non-immigrant intent you could be denied entry.
- Bring an original support/offer letter from your employer – One of the main pieces of a TN-1 application is the employer support/offer letter. You must have an original copy of the employer support/offer letter in order to obtain TN-1 status. The letter must be printed on official company letterhead with employer contact information and contain sufficient detail about the position offered, job duties and terms of employment. If you do not have an original support/offer letter or the letter is not written properly, you could be denied entry.
If you have questions about the TN-1 application process, have been denied entry into the United States under TN-1 status, or need help preparing an approvable TN-1 application, contact us today.
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