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Working in the United States

To meet US State licensing requirements for Registered Nurses trained in Canada call the nursing board in the state in which you wish to be licensed and ask for an application package. If you need to write the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination, call the CGFNS. Most states will require you to write the NCLEX. If you need to write the National Council of State Boards of Nursing (NCLEX) examination, call the National Council. The NCLEX examination is offered continuously and you can write it in any US state. Your score will be sent to the state from which you received your application. Gather together all necessary paperwork to complete your application and send it back to the state board. Once the state board receives the application and appropriate paperwork, the board will issue a temporary license. A permanent license can only be issued after you receive a work visa and Social Security Number this process is covered below under the NAFTA rules.

The entire process usually takes 1 to 2 months, depending on how quickly and efficiently you obtain/forward your complete paperwork, and potentially upon the availability dates for the CGFNS examination.

Be sure to ask your sponsoring employer if they reimburse licensing and related fees.

Licensing Examinations

Canadian rights under the North American Free Trade Agreement

Chapter 16 of the NAFTA facilitates the cross-border movement of four categories of business persons:

1. "Business Visitors" are business persons who plan to carry on any business activity related to: research and design, growth, manufacturing and production, marketing, sales and distribution, after-sales service and general service.

2. "Professionals" are business persons who plan to carry out professional activities of the types indicated in NAFTA Appendix 1603.D.1 for an employer or on contract to an enterprise located in a member country other than one's own. This is you.

3. "Intra-Company Transferees" are business persons who are employed by an enterprise to perform management or executive functions or who bring specialized knowledge to this enterprise or its subsidiaries or branches established in one of the member countries. The business person must have been employed abroad in a similar capacity by the foreign company for at least one year out of the preceding three.

4. "Traders and Investors" are business persons who plan to carry out trade in goods and services principally between member countries, or to establish, develop, administer or provide consulting or technical services for the administration of an investment to which foreign capital has been committed or is in the process of being committed.

Healthcare Professionals

GENERAL QUALIFYING CRITERIA

To qualify as a professional under the NAFTA you must meet the following criteria:

• you are a citizen of a member country;
• the occupation you are to be engaged in is listed in Appendix 1603.D.1 of the NAFTA;
• you are qualified to work in the occupation in which you are to be engaged;
• you have pre-arranged employment or a contractual agreement with an entity located within the country to which you are seeking temporary entry; and
• you meet existing immigration requirements for temporary entry.

• the professional-level activity to be carried out;
• your job title;
• a detailed summary of your job duties;
• start date and anticipated temporary length of stay; and
• the arrangement for remuneration.

• a signed contract between you and an enterprise; or
• a letter from your prospective employer(s) confirming that employment has been offered and accepted and providing the details listed above; or
• a letter from your present employer confirming that you are entering the member country in order to render professional services pursuant to a signed contract between your employer and an enterprise located within the country to which entry is being sought. (An enterprise can be an individual as well as an entity.)

Canadian Professionals Entering the United States

Professionals will be expected to meet the "General Qualifying Criteria" listed above. Application can be made at any U.S. port-of-entry and determination can be made at that time provided that all necessary documents are available and that you otherwise meet existing immigration requirements for temporary entry. However, to avoid costly delays, it is recommended that you contact US Immigration officials prior to your departure to determine how much time they require to review documentation. At some busy ports-of-entry, they may wish to review your documentation in advance. In addition, there are NAFTA Trade Specialists at a number of U.S. ports of entry (see Annex). You may wish to consult with them/have them review your documentation to ensure that you meet all qualifying criteria.

You will be issued an I-94 (record of entry document) indicating the classification code TN, which serves as your employment authorization. The I-94 should be presented to the U.S. Social Security Administration to receive a social security number. There is a processing fee for the issuance of a TN employment authorization.

Professionals can renew their status annually and there are no limits on the number of years during which you can remain within the U.S. under this classification. However, when seeking renewals, you will be expected to demonstrate that the employment remains temporary, and that you continue to be qualified to work in your profession. You should contact U.S. Immigration officials well in advance of the expiry date to determine where to send your renewal application.

Check with Canada Customs and Revenue Agency to find out your tax status while working in the United States. Unless you sever all economic ties with Canada you will probably have to pay Canadian income tax rates even though you live and work in the United States.

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