Historically, employers seeking to hire a foreign worker into a managerial or highly skilled position in the U.S. utilized the H-1B visa classification as a means of obtaining temporary lawful entry for that worker.  Since the Immigration & Naturalization Service (INS) is authorized to allocate only a limited number of H-1B visas each year, and as the number of H-1Bs far exceeds that quota allocation, by this time of year there are often no longer any visas available under the H-1B classification until Congress approves an increase in the allocation, or October 1, when INS begins its new fiscal year.  Given this constraint, employers may wish to direct their recruitment efforts north of the border.  Canadian professionals can often gain entry to the U.S. with greater ease than other foreign job candidates, due to treaty provisions within the North American Free Trade Agreement (NAFTA).

While there are several NAFTA-related work visas, the most useful is the TN-1.  The TN visa is applicable where the employer is a legal entity based in the U.S. and the Canadian job candidate is a professional working in one of a set of clearly-defined job categories (“professions”).   The job must be temporary in nature, and there also must be a direct correlation between the candidate’s professional background and the position for which she is being hired.
The work to be performed by the Canadian must be fully detailed in a letter from the U.S. employer, and supporting documentation is necessary to substantiate that the candidate is qualified and will indeed work within one of the professions specified in NAFTA.  Although the documentary requirements and procedures for the TN visa are far less burdensome than those for the H-1B visa, legal counsel is frequently necessary to assist with tactical issues and for purposes of expediting the process.

Once the proper documentation is prepared, the Canadian job candidate can apply directly at a U.S. border crossing and have his/her visa petition reviewed on the spot.  TN visas are granted for work that is specific to a single employer and are valid for one year.  After one year, the TN visa holder can seek renewals on an annual basis.