Question for anyone who might know. Moving from Canada to Texas, VISA application...

[shockedcanadian]

Does anyone know how this works exactly?

I am a relatively well educated person who is looking to leave Canada. My first choice would be Texas. I was told by a friend that I simply apply and I receive a TN1 VISA and then I am free to go. I had always assumed I had to have an employer in place before I was given this.

Any help would be appreciated.

Regards.

[atreides1]

1. Here's a site to get the info you need

http://www.uscis.gov/portal/site/uscis

[sharp_stick]

2. I think I can help with this

You do need a job for a TN Visa but you can get it at the border without a wait being as you are coming from Canada. Not only do you need a job it has to be on the list of professions allowed for TN visas. Also keep in mind this is a temporary visa, if you even make a joke to the dude at the border that you're interested in staying permanently you stand a good chance of being sent home.

TN rules: http://travel.state.gov/visa/temp/types/types_1274.html
Here is the current job list: http://www.nafta-sec-alena.org/en/view.aspx?x=343&mtpiID=147#Ap1603.D.1

The TN visa is good for only one year, you can get a new one through renewal but because it's designed as a temporary visa the renewals can be denied.

If you are looking to move to the US without a job in place your options are much more limited. As far as I know there are two ways to get a Green Card on your own and they're pretty difficult.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4505a6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=4505a6c515083210VgnVCM100000082ca60aRCRD

Prove that your being allowed to stay in the US is "In The National Interest" or prove that you can be considered an "Individual of extraordinary ability in the sciences, arts, education, business or athletics"

Being from Canada has some benefits. It's not as tough to get a job on the TN program, if you have an offer you can make the move. When you are in the US you can ask your employer to sponsor you and switch to an H1 (renewable once for a total of 6 years) and from the H1 you can apply for Permanent Residency through many different ways. Most commonly the PERM process and labor certification.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cdfd2f8b69583210VgnVCM100000082ca60aRCRD&vgnextchannel=cdfd2f8b69583210VgnVCM100000082ca60aRCRD

It's not a short or cheap process. Your employer may pick up the tab if your profession is in demand but it can take quite some time. Again being from Canada helps in that once you are approved to get a Green Card you can get it right away. If you were coming from China, India, The Philippines or many other countries you can wait years after getting the approval to getting the card.

You pretty much need an immigration lawyer to navigate the maze of red tape. Your employer might pick up the tab but not always.

Good luck and get researching. If you want to take the leap make sure you know as much as possible before jumping in the deep end. It can be daunting but lots of people do it.

[shockedcanadian]

3. Thanks for the information.

That was quite detailed. I had researched the options a few years ago but you provided more detail.

Thanks for taking the time.

Regards.

[sharp_stick]

5. No problem

I've had to work with USCIS quite a bit over the years and I know how nightmarish is can become. So many rules and so many hoops to jump through.

[Webster Green]

4. Leaving Canada for Texas?

No intense offended, but WTF?!

[benddem]

6. My thought exactly

why would anyone who wasn't forced to, move to that place?

[sadbear]

7. What's the temperature in Canada where you are right now?

Because it's 87 F (30 C) where I am in Texas right now.

[provis99]

8. Leaving Canada for Texas?

Here's the first question you should ask yourself:
Are you insane?