According to the Foreign Affairs Manual, specifically 9 FAM 402.17-5(B), applicants for a TN Visa must demonstrate their intention to perform prearranged professional business activities for a U.S. employer or entity. This allows foreign employers and professionals to obtain TN status to service their U.S.-based clients. We explain what is required to obtain TN status to service a U.S. client.
Evidence Requirements
- Professional Engagement: To apply for a TN Visa, applicants must present a letter of employment or a contract from either a U.S. or foreign employer. This document should clearly outline the professional business activities the applicant will perform, demonstrating that the work qualifies as a professional-level occupation under TN visa regulations.
- Key Details in Documentation: Your employment documentation must include:
- The specific activities the applicant will engage in.
- The purpose of entry into the U.S.
- The anticipated duration of the stay.
- The applicant’s educational qualifications or professional credentials.
- Arrangements concerning remuneration.
TN Visa Application for Foreign and Canadian Companies
While TN Visas are widely used by Canadian employees working for U.S. companies, they are also applicable to Canadian companies that want to send their staff to service pre-arranged contracts with U.S. firms. This is especially common in fields such as IT consulting and other specialized industries.
Preparing a TN Visa Application
When preparing your TN Visa application, keep the following in mind:
- Clearly outline the professional activities and the contract’s scope.
- Ensure the contract has defined start and end dates. Indefinite or automatically renewing contracts are not permissible.
- TN status will be issued for the duration of the contract being serviced.
Conclusion
The TN Visa offers a well-defined path for foreign professionals and businesses to engage in professional activities with U.S. entities. This visa facilitates cross-border cooperation, benefiting both U.S. employers and foreign professionals by enabling structured, legally compliant business relationships. Whether you’re a Canadian company looking to service U.S. clients or an individual seeking to provide your expertise across borders, the TN Visa provides a streamlined process for professional engagements in the U.S.
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