After you have received a job offer from a U.S. employer, the next step is determining which category of NAFTA you qualify under. The NAFTA occupation list is very specific as to the requirements necessary to qualify under each of the enumerated categories.
It is important that each applicant for a TN visa understands the category that s/he is applying under and is able to prove the elements necessary. The required documents vary based on the occupation, and we urge TN applicants to consult with an immigration lawyer prior to making an entry. While it is possible to overturn a negative result, it's much easier (and less costly!) to make the right application the first time.
The U.S. work visa can be issued for up to three years at a time and is renewable.
Canadian citizens who have been denied entry to the United States due to a past criminal conviction can apply for an I-192 Waiver of Inadmissibility. This waiver must be applied for, and in almost all cases received, prior to attempting another entry into the United States. The first thing you should do after being denied entry to the U.S. is check your records for any documentation you may have regarding your past convictions, and to call a U.S. Immigration Lawyer.
One of PwC Law LLP’s U.S. Immigration lawyers will review your charges and convictions thoroughly to determine whether or not you require a waiver. If it is determined that a waiver is necessary, we will assist you in gathering the necessary documents and preparing a cogent application package to present to the U.S. authorities. We will work with you to ensure that you meet the legal requirements necessary for a waiver to be granted and we will assist you in putting together the strongest application possible. Once the application has been submitted, we will follow-up on your application at regular intervals and continue to monitor its progress.
A waiver of inadmissibility can be granted for anywhere from 1-5 years. Initial waivers are generally only valid for one year, and must be renewed if you intend to enter the U.S.