I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

TN is not a visa and all you need to get this status is a job offer. There's really no work of any specialized nature but some companies do get legal advice to help streamline the process and get better outcomes like reducing the probability that the person would be denied.

(EDIT: it is sometimes referred to a visa and sometimes as a status but at any rate as someone who had TN status with two different US startups there was very little process around it)

Brief reading of reddit posts by people who actually did this almost always included that the company's lawyers wrote them letters and prepared packets of materials for them to provide CBP. We don't have any lawyers. We're simply not employing people who don't have green cards. We don't have time or money to play games with the government.

One important thing in seeking TN status is that the title of degree matters immensely to your employability, which goes entirely against what I stand for, as if you have a degree in economics or no degree but do a great job of writing code, I'd want to hire you. The law contains vagaries and there is a "memo" which suggests that they use common sense, but it's all up to a random border guard who might not know any of that to interpret everything.

Anyway, you're not automatically legally allowed to work in the US and lying about it won't help. We can agree to disagree on whether we "should" deal with all that stuff or if we're missing out, but lying to get halfway in the door is the worst way to change an employer's mind, especially in this economy when plenty of domestic candidates are available.

I agree with you about the dishonesty of saying yes (as I replied in another comment).

That said this is a choice you're making from what sounds like more religious reasons. Your company and your choice but it's not hard to employ TNs in a startup (and I know because I had TN status with two startups so I'm a little ahead of "brief reading of reddit posts").

TN status can also be applied for in advance by the way, doesn't have to be at the border. This wasn't an option when I had TN status but now it is.

While I was only speaking in hypotheticals about companies that only want to hire people who have legal status (no one has asked us to help them get TN status), I'd rather do zero paperwork by hiring people with existing status, than (allegedly) "not hard" work to support TN hopefuls, especially given the US government is liable these days to randomly change things around and cause chaos - especially in areas likely to score political points like immigration. POTUS could declare tomorrow that every TN (in a certain industry? state? whatever) has to go home in 10 days.

My attitude would certainly change though, if/when we can't find skilled people with existing work authorization, or if I had an incredibly strong personal referral.

The US State Department literally calls it a visa, I'd trust them before I trust random Internet commenters: https://travel.state.gov/content/travel/en/us-visas/employme...

Well, if you read through your link, you'll understand what parent comment is talking about.

> Requirements for Canadian Citizens

> A visa is not required for a Canadian citizen entering the United States as a USMCA Professional, although a visa can be issued to a qualified Canadian TN visa applicant upon application at a U.S. embassy or consulate.

> A Canadian citizen can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about receiving TN status without applying for a visa is also available on the U.S. Embassy Ottawa website.

I edited my reply because it is sometimes referred to as both. But hey, can't rob you of the joy of correcting someone on the Internet.

https://www.uscis.gov/working-in-the-united-states/temporary...

"If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:"

"You may be eligible for TN nonimmigrant status, if:

    You are a citizen of Canada or Mexico;
    Your profession qualifies under the regulations;
    The position in the United States requires a NAFTA professional;
    You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and
    You have the qualifications to practice in the profession in question."

"If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant. "

The main point is this has none of the process usually related to "visas" and even if that term is sometimes used along with "TN status" it's its own special thing. Canadians don't need a Visa to visit the US and I am not a lawyer. Mexicans might be in a slightly different situation. Either way, the proper legal answer has no influence whatsoever on the points being made.

I mean you are clearly not prioritizing talent, and that's fine. Does not change the fact TN is really simple.

I am a Canadian working in the US on TN status too (and yes, despite my opinion on it they call it a “status” not a “visa”). I can’t emphasize enough how light of a burden it is on employers to hire a Canadian on TN status. There’s no limit on the number of people who can come in, and it’s issued literally as you travel across the border.

The paperwork is very basic. It’s essentially just a letter signed by the employer that describes what you will be doing. I put it together myself, but an immigration lawyer can help you with it for a couple of hundred dollars if you need it. It’s issued at the border, you just tell the immigration/border guard that you’re getting a TN, then you go into the office, they review the paperwork and put a stamp on your passport. It took about 20 minutes when I did it in Toronto a couple of weeks ago.

You guys are talking about two similar and related but different things.

TN is both a "nonimmigrant classification" and a visa. The TN nonimmigrant classification is what is what grants a Canadian citizen eligibility to enter into the U.S. without a visa. A TN visa also grants a Canadian citizen entry into the U.S., and is required for TN nonimmigrants to enter with family members. In a nutshell, you establish your TN classification at your port of entry with (a) proof of Canadian citizenship, (b) letter from employer or prospective employer, and (c) any required credential and fees. You can acquire a TN visa the same way, or (recommended) at a U.S. consulate or embassy prior to your trip, and the primary difference is that the TN visa takes a little more time and paperwork.

Prior to this administration, TN status was a simple and short process; we had dozens of Canadian employees visiting the U.S. every week. However, the current administration does not believe in following established laws, so our legal counsel has been advising us to apply for TN visas for Canadian employees visiting the U.S prior to their trips to avoid any surprises at the border.

Note: Mexican citizens don't get TN nonimmigrant classification status. They must apply for the TN visa at a U.S. consulate or embassy in Mexico prior to their departure for the U.S. They must then apply for admission (aka, a visa) into the U.S. again when they actually arrive (basically, they need a TN visa to get a visa. It is as ridiculous as it sounds.)

Being pedantic, the authorized admission into a country is a visa.

TN status is a special thing. A TN visa is just a non-immigrant visa given to a TN-eligible Canadian or Mexican citizen.

Canadian citizens don't need to receive a visa prior to their departure for the U.S.; they can get a form of "visa on arrival" through their TN classification. Mexican citizens need to get a TN visa in order to be eligible to get a visa on arrival when they arrive.