The TN (Trade NAFTA) visa, now under the USMCA (United States-Mexico-Canada Agreement), allows qualified Canadian and Mexican citizens to work in the United States in certain professional occupations. The eligibility criteria and application process are specific, and understanding the nuances can be crucial for employers and applicants. One such requirement is the type of employment: part-time, full-time, or per diem. We discuss the requirements surrounding professional employment that qualify for a TN visa here.

Full-Time, Part-Time, or Per Diem?

When considering a TN visa, it’s important to note that the regulations do not strictly require the employment to be full-time or part-time. The key factor is whether the job offer is legitimate and aligns with the United States-Mexico-Canada Agreement (USMCA) professional standards. This means that as long as the job offer is genuine and the position qualifies under the professional categories specified by the USMCA, it can be considered for a TN visa, regardless of whether the employment status is full-time, part-time, or per diem.

1. Defining Per Diem Work

Per diem, work refers to employment where individuals are compensated daily rather than receiving a fixed salary or hourly wage. This flexible work arrangement is common in the healthcare, education, and consulting sectors. It allows professionals to work as needed, often filling in for regular staff or covering short-term assignments. Per diem positions can provide employers and employees with greater flexibility, enabling organizations to meet fluctuating demands and allowing workers to manage their schedules more independently.

2. Regulatory Guidance

Regulatory guidance on employment for TN visa holders, as outlined in the Foreign Affairs Manual (FAM), specifically 9 FAM 402.17-5(A), indicates that there are no strict requirements for the employment to be full-time or part-time. The essential requirement is that the applicant must be engaged in prearranged professional business activities at a professional level for either a U.S. or foreign employer. This provision means that per diem work is permissible under the TN visa as long as the job meets the criteria of being a bona fide professional activity. This flexibility allows professionals in various fields to work per diem while maintaining their TN visa status.

3. Supporting Evidence

When applying for a TN visa, it is crucial for the applicant to provide a comprehensive employment letter from the U.S. employer. This letter must detail the specific job duties, emphasize the professional nature of the position, and indicate the anticipated length of employment. If the job involves per diem work, the letter should explicitly describe this arrangement, clarifying that the employment will be compensated daily. This supporting evidence helps demonstrate that the job meets the TN visa requirements and ensures that the nature of the employment is transparent and well-documented, facilitating a smoother application process.

Conclusion

A TN visa job offer can be for per diem work if the employment is genuine and fits within the professional categories outlined by USMCA. Applicants should ensure that their employment letter thoroughly details the nature of the work and meets all other TN visa requirements. Consult with an immigration lawyer or expert for personalized advice and help navigating the complexities of the TN visa application.

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If you have questions regarding TN visa requirements, 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 to 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.

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