Canadian citizens seeking entry into the United States may enter, reside and work temporarily in the U.S. as non-immigrants by obtaining TN status under a profession listed in the North American Free Trade (NAFTA). Canadians are allowed to work temporarily in the U.S. for the sponsoring employer once the applicant’s eligibility for TN visa is established at a U.S. port of entry. The validity of the initial TN visa ranges from one (1) day to a maximum of three (3) years, and how long your TN visa is good for depends on the nature of your employment. When the initial TN status expires, it can be renewed every three (3) years without limit as long as the need for your services by the same employer continues.
It’s important to note that TN status doesn’t allow for immigrant intent. The longer an individual with TN status works in the United States, the harder it is to prove non-immigrant intent which is one of the several factors to be considered for TN visa renewals. For this reason, the TN visa holder working in the U.S. should maintain permanent ties to Canada. Canadians renewing their TN visas must be able to provide evidence of such ties. You will undergo more scrutiny if the officer who reviews the TN visa application suspects immigrant intent, and this can cause denial of your TN application. An experienced U.S. immigration attorney can help you establish non-immigrant intent during TN application or reapplication after being denied.