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: Applicants should present a letter of employment or a contract from a U.S. or foreign employer. This document must outline detailed business activities a TN professional undertakes at a professional level.
- Key Details in Documentation: The employment documentation must specify the following:
- 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
TN Visas are particularly applicable to Canadian employees working for U.S. companies; however, they also accommodate Canadian companies sponsoring their staff to work on pre-arranged contracts with U.S. firms. This is often the case for sectors like IT and consulting.
Preparing a TN Visa Application
To prepare a successful TN Visa application:
- 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 provision for foreign businesses to sponsor employees under TN Visas for specific contracts with U.S. entities provides a structured pathway for professional engagement across borders, enhancing the bilateral cooperation and business between the U.S. and foreign employers.
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