Crossing the Border: How to Start a Job in the Bay Area as a Canadian

Part 1 of 2

Despite our proximity and strong trading partnership, moving to the United States as a Canadian citizen to start a job can still be surprisingly complex. Such is the way of things when government bureaucracy is an integral part of the process.

In this two-part series, I’m going to share my learnings from having recently gone through the process, and pass on any and all advice that might be useful to other Canadians looking to make this jump as well.

I’ve structured this series as follows. Part 1 will cover all elements of my transition leading up to my arrival in the San Fran area. This primarily focuses on the visa process, but also touches on advice on how to book a flight and an initial place to rest your head. Part 2 will focus on things that happen after you’ve made it across the border — such as applying for a Social Security Number, finding a bank, etc.

Part 1: Before You Arrive

Visas
As a Canadian citizen, you are entitled under NAFTA to apply for a TN1 visa. This visa is much, much easier to obtain than the H1B, but comes with a different set of requirements and rules.

How does the TN1 work?

The TN1 is initially granted for a duration of three years, but can be renewed an indefinite number of times. That being said, the intention behind the TN1 is to grant temporary work status to Canadians who wish to eventually move back to Canada. So, the US immigration office (USCIS) wants to see that you continue to maintain ties to the homeland — if they feel that you’re using the TN1 as a substitute for permanent residency, they are more than entitled to refuse to renew your visa and send you packing.

How do I get a TN1 visa?

First off, you need a job offer. You can’t apply for TN status without a job offer. You must also have an educational background in the field in which you will be working — often a bachelor’s degree is required, at a minimum. And third, you have to be a Canadian citizen. TN status is not applicable for permanent residents, unfortunately.

After you have an offer in hand, Canadians have two options. Unlike Mexican citizens, you’re not required to apply for a visa at the US embassy / consulate. So you can actually either (a) apply for a TN1 directly at your port of entry (airport, border crossing, etc), or (b) have your employer file a petition on your behalf with the USCIS.

Now, this begs the question, why would you choose one approach over the other?

The answer to that is a function of the NAFTA agreement itself. Under this agreement, applicants to TN type visas must be working as one of a very specific list of roles (see here). For those individuals that have jobs that match those on the list specifically (e.g. ‘Dentist’, ‘Management Consultant’), adjudicating your application for a visa is comparatively straightforward to do, and can be done at a port of entry.

If you fall into this category, you can simply book a flight and head to the airport on the day of. At customs, you need to make sure that you have all required supporting paperwork. This includes your passport, your job offer, and supporting documentation that (a) proves you have the educational background for your job, and (b) demonstrates that you intend to work in the US on a temporary basis (anything that shows continuing ties to Canada is great —investments, vehicles, properties). Also bring $56 dollars for the application and processing fees.

Keep your facts straight when speaking to the border guard, and stay calm and respectful. In some cases, the border official may pull you aside for further questioning. Don’t panic — their job is to be as tough and diligent as possible. To account for this possibility, give yourself an extra hour from the time that you would normally arrive at the airport to catch your flight. More to come about flights later.

**Pro-tip**:
Most of you will likely be joining tech companies in the Bay Area. Tech firms typically offer equity as part of their compensation, for which the standard vesting period is four years. Keep in mind that the TN visa lasts only three years. Border officials have been known to cite this discrepancy as grounds for refusing approval. Ask your employer for a letter of support / employment offer that takes care to avoid stating this, to avoid potential complications.

If, like me, your role title situation isn’t as clear-cut, applying directly at a port of entry is dicey. Border officials aren’t paid to be patient or understanding to your unique circumstances, and will more often than not simply deny you entry. In such situations, the safer thing to do is to file a petition for a TN1 visa (form I-129) with the USCIS through a lawyer. The USCIS typically can take months to adjudicate petitions, but also will respond within 15 days, in exchange for a Premium Processing fee (form I-907). That fee is $1225 (!!!!). So, ideally, your employer would do this on your behalf with their own legal team.

Now, if you’re even more like me, your visa may still not be approved after those 15 days. The USCIS can also take other actions, most commonly ‘Requesting Further Evidence’, in case they need more context about your job, or even the company itself. If such an action occurs, another 15 day period begins as soon as the USCIS receives the additional paperwork.

Once your case is approved, the USCIS will send an approval notice to your lawyer, who will then mail it onwards to you. You must have your original approval notice with you to cross the border. Once received, all you have to do is present your approval notice and passport to request entry into the US, and the border official will stamp your visa (I-94) — perhaps after a few questions.

Flights
My basic advice to you regarding your flight is this. If you are applying for this visa through the petition, DO NOT book a flight until you have received the original approval notice. You have no control over when the government will approve your petition, or when your notice will arrive in the mail. There’s nothing worse than being hasty and ending up having to pay flight cancellation fees. Even if you’re flying on short notice, you should still be able to find non-direct flights for reasonable prices through a site like Expedia.

Now, of course, you have the option of choosing another port of entry, such as a road border crossing, at which point, you don’t have to worry about a flight.

Initial Accommodations
By far and away, unless you have friends / family that can put you up initially, your best option is going to be Airbnb.

Shared rooms and couches are available in the area for around $60+ USD, and private rooms typically go for $100+. For me, I appreciated the privacy and relative security of a room to myself, given that I had just packed my life up into a couple suitcases.