When I was planning to apply for TN, I was very hesitant to pack all of my things, buy a plane ticket, go to the airport and have to deal with a random unfriendly customs agent, then have a good possibility of getting declined for arbitrary reasons.
In my case, I was denied entry due to a paperwork error in Toronto and so had to stay at a hotel to catch a flight the next day. It would have been nice had everything been arranged and applied for ahead of time.
>have to deal with a random unfriendly customs agent, then have a good possibility of getting declined for arbitrary reasons.
This not only hurts the candidate, but harms American companies so much more. Some technical recruiting process take months to find a good lead for a hire. More specific the criteria, even tougher to find a good candidate. Naturally, American company have to consider beyond American pool of hires and check Canadian candidates as well.
The company easily spend between $2000 to $3000 for TN application, lawyer fee, flight, hotel, other accommodations for interviews per candidate. It's devastating when you try to hire a Canadian after spending so much time and cover all the cost, just to be denied by border officer.
That's interesting. I've never been refused for a TN application (have applied four times). And I'm not anyone special either, I just have printed credentials and have written the application letters myself (with approval from the U.S. company that hires me). In fact, one time when I was applying, the agent merely skimmed my write-up and we ended up talking about nothing for fifteen minutes.
I was rejected for my TN at the border on my first attempt. The customs agent thought I was working illegally for some reason. I always hated how so much of the decision process was based on whether the guy at the border liked you or not. I ended up having to cancel all my flights, hotel and car reservations and spent the whole day talking to lawyers.
Tried again a week later, and the customs agent I met this time said I should have been let through the first time. -.- sigh
IIRC, if you already have a visa, you can appeal to an immigration judge at the port of entry. If you don't already have a visa (because it's granted at the border, you're entering via the visa waiver program, etc) there is no right of appeal, and the border officer has the final say.
> "The excuse was I didn't have copies of my university degrees (I had transcripts showing the granted degrees)."
That's not really an excuse, that's a stated requirement. Not all border officers screen so thoroughly, but you should have had the original of your degree.
If there's one thing I've learned in dealing with work visas, is to not trust your lawyer. Most immigration lawyers I've seen are, to be polite, less than amazing at their work. Double check, verify everything they do.
I got accept the first time, and didn't even have an official degree paper yet, since the ceremony was six months ahead of time. I just had transcripts and a letter from the school that I completed the requirements of my degree. It really is the mood of the officer. I had a really nice newbie mom type for my application.
I've heard that sometimes they will deny unless you are heading straight to your destination and starting work within 3 days. Good to see it worked out for you.
I've crossed the border on a TN for 16 years now. I've been refused twice. The first time (my first time) because I was really unprepared. The second time, about two years later, when we used a law firm for the first (and only) time, I was at Netscape. The border agent didn't like the look of my education credentials, and I ended up in Toronto (I'm from Vancouver) - because Netscape thought that was a "Good Place to cross") - I got supporting documentation and I've never been refused again (14 years running now. Knock on wood.)
Ironically, I'm heading back again to re-apply this weekend, flying back home for thanksgiving weekend. The cool thing is you only have to do it once every three years - though, now that I do the paperwork myself, it's a one page, 4 paragraph letter, describing my job, where I work, what I do, what I make, what my experience and education are, and when I'll start work, and for how long.
For those who fall within the system (2 year+ diploma, appropriate job category) - it's a 5 minute interview at the Airport/Border. I don't even arrive more than 15 minute earlier at the airport anymore.
This is really great for Canadians. Less risk packing up all your stuff (paying for all the bag fees) and potentially get denied.
It does look like it costs $325 to file this I-129 (Petition for a Nonimmigrant Worker). This is in contrast to applying at a port of entry where the cost is $50/$56. Am I mis-reading?
Question for the HN community: As a software engineer considering work in the US I am covered under the list of professions for H1B & TN visas and can probably find a job where a company will sponsor me. However, my girlfriend went to school for a BCom in marketing. If the 2 of us considered moving to the US for work, what would be the easiest way for her to get a visa? Would she be able to get a TN visa as a marketing / management consultant (she graduated only 2 years ago)? Any tips are much appreciated.
I'm so jealous I was denied my TN last year because the interviewing agent didn't like my credentials, I'm a Mexican citizen and we don't have it that easy, we have to make an appointment for a paperwork review process (1 month minimum) then they schedule your for interview ( 1mknth here too ). At the time I was just married, my employer had just moved us to Chicago, and suddenly I was in Tijuana ( my hometown ) without a job or any personal belongings. Haven't applied again since I haven't had the luck of getting another employer try to hire me since they are all scared ( with justification )of the process, wish it was easier for us too, but I know we have a higher track of abusing the system (especially on immigration). Still. I would try again if opportunity came.
Really?
I'm sorry about your experience but mine was completely different, I scheduled my interview in the embassy in Mexico City and I just had to wait 1 week. It was a 2 day process, first I went to a CAS and they captured my biometric information, the next day I went to the interview with the consul which was like 15 minutes or less (but I had to wait for 2 hours), he only took a look at my employer's offer letter and asked for my cedula profesional and that was it. I got my TN visa 1 week later.
Good news. I hope they start implementing this type of thing (ie not having to show up at the border and hope you've got everything all set) in more visa situations.
If you require a visa to enter the country you should be able to apply ahead of time and know the outcome/be able to appeal if appropriate. Not just hope at the border.
22 comments
[ 3.6 ms ] story [ 66.3 ms ] threadWhen I was planning to apply for TN, I was very hesitant to pack all of my things, buy a plane ticket, go to the airport and have to deal with a random unfriendly customs agent, then have a good possibility of getting declined for arbitrary reasons.
This not only hurts the candidate, but harms American companies so much more. Some technical recruiting process take months to find a good lead for a hire. More specific the criteria, even tougher to find a good candidate. Naturally, American company have to consider beyond American pool of hires and check Canadian candidates as well.
The company easily spend between $2000 to $3000 for TN application, lawyer fee, flight, hotel, other accommodations for interviews per candidate. It's devastating when you try to hire a Canadian after spending so much time and cover all the cost, just to be denied by border officer.
A few months later, I went back over for a wedding.
Tried again a week later, and the customs agent I met this time said I should have been let through the first time. -.- sigh
The excuse was I didn't have copies of my university degrees (I had transcripts showing the granted degrees).
So this has to be a good thing, reducing the power of border agents.
As I understand it, the visa grants you the right to be considered for entry at the border. The final decision is with the border officer.
That's not really an excuse, that's a stated requirement. Not all border officers screen so thoroughly, but you should have had the original of your degree.
If there's one thing I've learned in dealing with work visas, is to not trust your lawyer. Most immigration lawyers I've seen are, to be polite, less than amazing at their work. Double check, verify everything they do.
This would've been nice though!
Ironically, I'm heading back again to re-apply this weekend, flying back home for thanksgiving weekend. The cool thing is you only have to do it once every three years - though, now that I do the paperwork myself, it's a one page, 4 paragraph letter, describing my job, where I work, what I do, what I make, what my experience and education are, and when I'll start work, and for how long.
For those who fall within the system (2 year+ diploma, appropriate job category) - it's a 5 minute interview at the Airport/Border. I don't even arrive more than 15 minute earlier at the airport anymore.
It does look like it costs $325 to file this I-129 (Petition for a Nonimmigrant Worker). This is in contrast to applying at a port of entry where the cost is $50/$56. Am I mis-reading?
Edit: typo
If you require a visa to enter the country you should be able to apply ahead of time and know the outcome/be able to appeal if appropriate. Not just hope at the border.