U.S. Border Crackdown Targets Canadian Professionals with Work Visas
American border authorities appear to be implementing a stricter approach toward Canadian professionals seeking entry with work visas, leading to increased denials and reports of humiliating treatment. This shift in enforcement has raised concerns among immigration specialists about a potential top-down tightening of long-standing visa rules.
Nurse's Experience Highlights Broader Pattern
Laura Cooper (a pseudonym), a Canadian nurse with 25 years of experience in labor and delivery who later moved into nursing education, recently faced multiple denials when attempting to travel to the United States for work. Despite having successfully made similar trips to Dallas, Milwaukee, and Buffalo in the previous year without incident, Cooper encountered aggressive questioning and was ultimately refused entry on multiple occasions.
"We try to improve the maternity care system. It makes a huge difference if you give more power to nurses at the bedside," Cooper explained about her work, which focuses on training maternity staff in the U.S. This is particularly relevant given that the U.S. maternity mortality rate in 2020 was more comparable to Egypt, China, and Turkey than to Canada, Germany, or the United Kingdom, with Black women being three times more likely to die from pregnancy-related complications.
Humiliating Treatment at the Border
Cooper described being not only denied entry but also humiliated and disrespected by U.S. Customs and Border Protection staff. During her attempts to travel, she was fingerprinted, forced to sign an affidavit denying links to terrorist organizations, and escorted by Canadian customs agents out of U.S. holding areas. She requested to use a pseudonym for this story due to fears of being blacklisted from future travel to the United States.
Her experience began in October when she was told at U.S. customs preclearance in Calgary that she lacked appropriate paperwork. After consulting with her company's lawyer and being assured of her eligibility, she booked another flight from Edmonton at the end of the year, only to encounter what she described as "a very aggressive" agent who questioned her decision to try flying from Edmonton after being previously refused in Calgary.
Immigration Experts Voice Concerns
Toronto-based immigration lawyers note that U.S. border agents "do seem to have freedom to be more aggressive. There is not the same pressure to approve" as in previous years. The growing fear among immigration specialists is that the United States is systematically tightening work visa rules that have been in place since the North American Free Trade Agreement (NAFTA) was signed in 1992.
This comes at a particularly sensitive time, as the upcoming review of the Canada-Mexico-U.S. free trade agreement might threaten the preservation of the TN work visa for professionals. The TN visa covers 63 eligible professions including:
- Accountants
- Lawyers
- Engineers
- Professors
- Registered nurses
Navigating Complex Visa Requirements
Cooper, who spent 32 years nursing in Canada but is not licensed to practice nursing in the United States, was retained by a U.S. company specifically for training purposes that did not require her to practice nursing. After being refused entry, she was handed a TN visa form with a star beside the management consultant category, indicating this was deemed the most fitting classification for her application.
She subsequently spent $4,000 of her own money on legal assistance to navigate the complex application process. Cooper completed the TN visa application under the management consultant category and attempted to travel again last Sunday, armed with a letter of engagement from her employer, only to face further complications.
Broader Implications for Cross-Border Professional Mobility
The increasing scrutiny of Canadian professionals at U.S. borders represents a significant shift in cross-border relations and professional mobility. As immigration policies come under review and trade agreements face renegotiation, the future of the TN visa program and similar arrangements remains uncertain, potentially affecting thousands of Canadian professionals who regularly work in the United States.
This development highlights the growing challenges facing professionals who rely on cross-border work arrangements and underscores the need for clear, consistent policies that balance security concerns with the economic benefits of professional exchange between neighboring countries.
