New Work Visa Option for Canadian Citizens


On October 1, 2012, the U.S. Citizenship and Immigration Services (the “USCIS”) began accepting Form I-129 petitions for nonimmigrant workers filed on behalf of Canadian citizens who are outside the U.S. and seeking work in this country.

The new gateway to working opporunities in the U.S. was opened pursuant to provisions of the North American Free Trade Agreement, enabling qualified Canadian citizens to work in this country for employer sponsors by means of so-called TN visas.

Sponsored employees can be granted TN visas of up to three years in length provided that they:

  • Can prove Canadian citizenship;
  • Can demonstrate that they will perform services in a profession or occupation set forth on the USCIS list of professions and occupations qualifying for TN visas; and
  • Can demonstrate that they have either the minimum education or employment experience required to perform the profession or occupation for which they are being sponsored on the list of occupations that qualify for a TN visa.

Furthermore, multinational U.S. employers who have sponsored Canadian citizens for L-1 visas in the past (enabling employees of international companies to transfer to a U.S. office for limited periods of time) may now file a Form I-129 petition with the USCIS under appropriate circumstances. Employers should check with counsel to determine what kind of employment avenues are best for their particular foreign worker needs.

If you are an employer or employer’s representative in charge of immigration sourcing and compliance, please do not hesitate to contact our office at (847) 564-0712 for an appointment to speak with a qualified attorney. You can also check out our immigration law Website for more information about how we might assist you.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Shapiro | Attorney Advertising

Written by:


Ronald Shapiro on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.