If you are interested in Canada to U.S. Immigration, get the involvement of an experienced immigration lawyer from Pozo Goldstein, LLP as soon as possible.

Sharing a border, there has been a long history of Canadians moving south into the United States. There has always been a huge draw to come to the land of the red, white and blue; according to Statistics Canada, there were over 840,000 people living in the United States in 2006 who had originally been born in Canada. In fact, since the year 2000, the number of Canadian-born residents of the U.S. has grown at a steady rate of 0.5% per year. Primarily, Canadians are settling in the same states, with 60% who immigrated between the years of 2000 and 2006 settling down in the following:

• Florida
• California
• New York
• Texas
• Arizona
• Washington

If you are currently living in Canada and are looking to move across the border, no matter whether permanently or if you are just looking to visit the U.S., then we encourage you to get the involvement of an experienced immigration lawyer from Pozo Goldstein, LLP as soon as possible. We know the steps you need to take as an immigrant moving into America and can help ensure your best interests are protected.

About the North American Free Trade Agreement

In 1994, the North American Free Trade Agreement (NAFTA) came into force after being signed by U.S. President George H.W. Bush, Canadian Prime Minister Brian Mulroney and Mexican President Carlos Salinas. Under this agreement, the U.S., Canada and Mexico entered into a trilateral trade bloc, the largest in the world. It also provided several changes affecting immigration.

The largest effect is what is known as the nonimmigrant NAFTA professional visa (TN), which allows for Canadian businessmen and women to work in the United States. The TN visa allows for business professionals from Canada to come into the country so long as they have received a job offer from an American employer. If so, they may apply for a TN visa if they meet the following requirements:

• Valid citizen of Canada
• Received a job offer from a NAFTA approved profession
• Job offer requires a NAFTA professional
• Scheduled to work for a U.S. employer
• Meets all profession qualifications

It is also important to note that Canadians can apply for their TN visa at the port of entry. In some cases, they may not need to have a visa issued should they qualify as a NAFTA professional. They will, however, have to apply should they have children and / or a spouse that they would like to bring.

TN Visa vs. H1-B Visa

The primary decision for businessmen and women is whether to apply for a TN visa or an H-1B visa. There are many different factors that should be considered by each applicant to determine whether or not they are making the rich choice for them. The first thing that should be considered is how long the visa will last to protect the applicant. An H1-B visa will last for approximately three years, unless it is extended again. It, however, will not be extended longer than six years. Similarly, the TN visa is granted for three years at a time; however, it is granted indefinitely and for an unlimited amount of years, with no exact deadline. The TN visa is also considerably easier to achieve. While the TN visa can be applied for at the U.S. port of entry, to achieve an H-1B visa, the applicant will first need to have their employer file what is known as a Labor Condition Application, as well as an I-129 application. Overall, the application process is much lengthier and takes considerably more time to achieve an H1-B. Not only has that but the H1-B had a limit of 65,000 for the regular category and 20,000 for the master’s degree category. The TN visa has no limit.

• L-1 Visas for Canadians
• Western Hemisphere Travel Initiative