TN help/advice for canadian

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I've passed the NCLEX, have the Visascreen, NY license was issued in January (after completing the CVS) and now have an offer of a wonderful job in NY. Start date is April 15th and I plan to leave Canada on April 11th. Am meeting with an immigration lawyer on Friday for assistance with the letter of employment. For any of you who have been through this process, any advice? I live in BC and have found crossing the border an intimidating and potentially lengthy process. I'm thinking of flying from Vancouver as they have been better than at land crossings. Just trying to arm myself with as much info as possible !

Thanks for your help

Specializes in Medical and general practice now LTC.
Ok. Thanks! Since my OPT is good for a year when should I apply for the Visa Screen Certificate?

VSC has a 5 year expiry date on it so anytime takes approx 4-8 weeks to issue if trained in the US

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i'm a bit confused....

my daughter, a canadian citizen who graduated with a bach of nursing in the us last month, will be writing her nclex next week. she has applied for licensure in california (is in the process of it). i understand from this website that she has 60 days from graduation to remain in the us legally (although cannot find any websites with this info).

i have two questions:

1) does she needs a tn visa to find employment in california?

according to the official website of us immigration and visa website http://travel.state.gov/visa/temp/types/types_1274.html they state:

requirements for canadian citizens:

  • canadian citizens usually do not need a visa as a nafta professional, although a visa can be issued to qualified tn visa applicants upon request. a canadian citizen without a tn visa can apply at a u.s. port of entry.

they lead you to further links.

according to the us customs and border protection http://cbp.gov/xp/cgov/travel/id_visa/citizens/tn_visa.xml website:

the requirements for citizens of mexico and canada are different:

  • canadian citizens usually do not require a visa as a nafta professional, although a visa may be issued to a qualified tn visa applicant upon request.

according to the us citizenship and immigration services (uscis) http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bac00b89284a3210vgnvcm100000b92ca60arcrd&vgnextchannel=bac00b89284a3210vgnvcm100000b92ca60arcrd website:

eligibility criteria for canadian citizens:if you are a canadian citizen, then you are not required to apply for a visa with a u.s. consulate or file a petition with u.s. citizenship and immigration services (uscis). you can request admission as a tn nonimmigrant at a u.s. port of entry, and you must provide the following documentation:

  • proof of canadian citizenship
  • letter from your prospective employer detailing items such as the professional capacity in which you will work in the united states, the purpose of your employment, your length of stay, your educational qualifications
  • credentials evaluation (if applicable)

if you are eligible following inspection by a u.s. customs and border protection (cbp) officer, then you will be admitted as a tn nonimmigrant. form i-94, arrival/ departure record, will be evidence of your admission.

and lastly, according to the us embassy ottawa's http://www.consular.canada.usembassy.gov/nafta.asp website:

to qualify for admission under this classification, citizens of canada, at the u.s. port of entry, shall:

  • request "tn" status.
  • bring the original documentation and provide a copy of the applicant's college degree and employment records which establish qualification for the prospective job.
  • provide a letter from the prospective u.s.-based employer offering him/her a job in the united states.
    • this job must be one which is included on the list of professions under nafta, appendix 1603.d.1.

    [*]pay a fee of us$50.

  • canadian citizens are not required to obtain a visa, but instead receive "tn" status with u.s. customs and border protection (cbp) at the port of entry.
  • the "tn" status will only be granted if the period of stay is temporary.

so it looks like canadians get tn status....but don't actually require a visa.

2) does she require the visascreen certificate?

it's really strange that all of the above official sites fail to mention this important certificate in their itemizing of what is needed at the border. this tidbit was buried in the us customs and border protection website. and the confusing issue is that her education was in the us, she will have written the nclex in the us and she obviously speaks english given the above.....what exactly is that $540 fee paying for???

i think if the immigration officers are frustrated at nurses coming to the border unprepared, they only need to look at their websites to know why!

margot

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Specializes in Medical and general practice now LTC.

She will require a TN visa and needs a vsc for it. She also needs a letter of employment and just needs to provide all relevant information at the border and a TN visa will be issued, I believe it will be for 3 years but will be tied to the employer so if she moves job she will need to get a new TN visa

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Specializes in Medical and general practice now LTC.

to add what ever she does make sure she doesn't over stay any visa as it may have an impact on any future visas

found this which indicates a lot depends on what date is on her form i-94

staying beyond your authorized stay in the u.s. and being out of status

* it is important that you depart the u.s. on or before the last day you are authorized to be in the u.s. on any given trip, based on the specified end date on your arrival-departure record, form i-94. information on successfully maintaining your immigration status while a student or exchange visitor can be found on the immigration and customs enforcement (ice) website.

* staying beyond the period of time authorized by the dhs causes you to be out-of-status in the united states, which is a violation of u.s. immigration laws. this may cause you to be ineligible for a visa in the future for return travel to the u.s. select classes of aliens ineligible to receive visas to learn more.

* staying unlawfully in the united states beyond the date customs and border protection (cbp) officials have authorized, even by one day, results in your visa being automatically voided, in accordance with immigration law, ina 222(g). in this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

student visas

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Specializes in med/surg.

That is weird. Did you apply for a license there? You don't need a SSN to get a license if you passed the NCLEX. So they should be able to give you your nursing license, then you get your job offer (your work should write out a TN letter) and bring to the boarder to get TN visa, then you go take the TN visa and apply for SSN at a local SSN office.

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Specializes in med/surg.

You should apply for your visa screen certificate as soon as you have finished all your schooling and can provide transcripts. Also you need to send CGFNS information of whereever you have been licensed as a nurse. It can take up to two months to recieve your visa screen certificate and YES you absolutely need your visa screen cert. at the boarder or risk being denied.

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Specializes in med/surg.

I am having a problem with the hiring process. I understand that I can only have my TN granted to me within 5 days of my indicated start date. The problem is that 5 days doesn't give me enough time to get my SSN and finish the criminal record check and other pre-hire paperwork in time for the start date. Did you deal with this issue or have any advice? Thanks.

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Specializes in Medical and general practice now LTC.
That is weird. Did you apply for a license there? You don't need a SSN to get a license if you passed the NCLEX. So they should be able to give you your nursing license, then you get your job offer (your work should write out a TN letter) and bring to the boarder to get TN visa, then you go take the TN visa and apply for SSN at a local SSN office.

Depends on the state as some states will not issue a license without a SSN

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Hi there. I am a recent Canadian graduate. I have just been offered a job in California at a teaching hospital. I have written my NCLEX exam thru Minnesota and going to licensing by endorsement application in CA. I have two questions:

1) should I be getting a lawyer to help me with TN visa or is it pretty straight forward?

2) do I still need a Visa Screen Certificate? If so, I suspect I will lose my job as it takes 3-4 months :(

Appreciate any advice you can give.

Y

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Specializes in Medical and general practice now LTC.

If trained in Canada then you may find it takes less time that 3-4 months to get vsc. It is required. many have gone through the process of TN visa wihtout using a lawyer

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