Canadian professionals applying in-person for a TN visa to work in the United States have two main options: apply at a land border crossing or at an airport with U.S. preclearance facilities. Although both involve in-person interviews with U.S. Customs and Border Protection (CBP) officers, the legal environment, traveler rights, and application process differ depending on the location.
This blog explains the differences between these two options, using Canada’s Preclearance Act, 2016, and U.S. policy guidelines to help you decide which approach may work best for your situation.
What Is the TN Visa?
The TN visa allows Canadian and Mexican citizens to work in the United States in pre-approved professional roles under the United States- Mexico- Canada Agreement (USMCA), formerly known as NAFTA. Canadian applicants can apply directly at a U.S. port of entry without submitting a petition in advance. The application is reviewed on the spot by a CBP officer, who may approve or deny it during the inspection.
Where Can Canadian Citizens Apply for a TN Visa?
Canadian citizens may apply in two main ways:
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At a land border port of entry (e.g., Windsor-Detroit, Peace Bridge, or Vancouver-Seattle)
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At a Canadian airport with U.S. preclearance facilities (e.g., Toronto Pearson, Vancouver International Airport)
What Is Airport Preclearance?
Legal Authority
Under the Preclearance Act, 2016, U.S. officers stationed in Canada at designated airports may conduct immigration inspections before travelers enter the United States. This is based on a bilateral agreement between the U.S. and Canada and allows certain U.S. laws to be enforced on Canadian soil under Canadian supervision.
While preclearance officers have the authority to conduct immigration checks, they must operate within the limits of Canadian law, including the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act.
Legal Protections for Travelers
Travelers applying for TN visas in an airport preclearance setting are still in Canada, and they have important rights:
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Right to withdraw: You can choose to withdraw from the inspection process and leave the area before a decision is made.
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Canadian law applies: Any search or detention must comply with Canadian standards.
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Limits on force: Officers can only use reasonable force and must meet Canadian legal thresholds to detain someone.
These protections are spelled out in sections 10 to 16 of the Preclearance Act, 2016.
How It Works
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Proceed through check-in and security at the Canadian airport.
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Enter the U.S. preclearance area before boarding.
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Present your TN application package to the CBP officer.
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The officer reviews your documents and makes an on-the-spot decision.
You can board your U.S.-bound flight with TN visa status granted if approved.
What Happens at a Land Border?
Legal Environment
When you apply at a land border crossing, you are physically on U.S. soil when you present yourself for inspection. This means you are subject to U.S. immigration law immediately, and Canadian legal protections no longer apply.
CBP officers have full enforcement authority under the Immigration and Nationality Act (INA). They can detain or refuse admission based on inadmissibility findings, incomplete documentation, or failure to meet TN eligibility criteria.
CBP Policy for TN Applications
TN applications must be evaluated, approved, or denied at the time of inspection unless the application is so incomplete that a decision cannot be made.
If denied:
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You will be informed of the reason for refusal.
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A Form I-160A (Notice of Refusal/Parole) may be issued outlining what evidence is missing.
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You may be advised of your right to a hearing in certain cases.
Unlike preclearance, you cannot withdraw once you are in the inspection process at a land border unless the CBP Officer allows you to withdraw. It is not a right.
How It Works
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Drive or walk to a designated U.S. land border port of entry.
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Present your TN application and documents to the CBP officer.
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Undergo questioning and document review.
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Receive an immediate decision.
Key Differences Between Preclearance and Land Border Applications
| Aspect | Airport Preclearance | Land Border Port of Entry |
|---|---|---|
| Jurisdiction | Canadian soil | U.S. soil |
| Applicable Law | Canadian law applies | U.S. law applies |
| Right to Withdraw | Yes, before the final inspection | No, once inspection begins |
| Legal Protections | Canadian Charter and human rights laws | INA and U.S. immigration laws |
| Officer Authority | Limited by Canadian law | Full CBP enforcement powers |
| Detention or Search | Subject to Canadian oversight | Subject to U.S. standards |
Pros and Cons of Each Application Method
Airport Preclearance
Pros
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Operates under Canadian law
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Right to withdraw if unprepared
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Lower risk of being flagged as inadmissible
Cons
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Limited to certain airports
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Time-sensitive due to flight schedules
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Must go through airport security and wait in line
Land Border
Pros
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More flexible in terms of timing and location
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Easier for applicants driving across the border
Cons
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No withdrawal option once inspection begins
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Immediate exposure to U.S. immigration consequences
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Higher risk if documentation is incomplete
Final Tips for Canadian TN Applicants
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Be prepared: Bring a complete TN application package, including a job offer letter, proof of citizenship, relevant degrees or licenses, and a clear explanation of your job duties.
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Know your classification: Ensure your job fits one of the approved TN categories under USMCA.
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Ask for clarification: If your application is denied, ask the officer what additional documents you need.
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Consider legal guidance: If your case is complex, consult an immigration lawyer before applying.
Need Help Applying for a TN Visa?
While TN applications are straightforward for many, border officers still have broad discretion to approve or deny your entry. If you’ve been denied in the past or have questions about which port of entry is right for you, it may be helpful to speak with an immigration attorney before applying again.
Schedule a Consultation with an Immigration Lawyer
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We Can Help!
You may have questions regarding a TN visa. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
