While TN Visas are commonly associated with Canadian employees working for US companies, it’s essential to recognize that US immigration law allows Canadian businesses to sponsor their staff for TN Visas when servicing pre-arranged contracts with US firms. This option is particularly relevant for employees of Canadian companies offering IT or consulting services, providing a streamlined process to acquire TN Visa status for work in the US.
Understanding Evidence of Professional Employment for a TN Visa
The Foreign Affairs Manual (FAM) serves as a guide for the qualifications and requirements necessary for a TN visa. To ensure a successful TN Visa application, consider the following key points:
- Demonstrate Intention: The applicant must showcase their intention to engage in prearranged business activities for a US employer or entity at a professional level. This can be substantiated through an employment letter from a US or foreign employer or a detailed contract.
- Detailed Listing of Activities: The evidence should provide a comprehensive listing of the activities the applicant will be involved in, the purpose of entry, anticipated length of stay, educational qualifications or relevant credentials demonstrating professional status, and arrangements for remuneration.
Properly preparing a TN Visa application is crucial for employees of foreign companies seeking entry into the United States for service contracts.
TN Visa Duration: What to Expect?
Upon meeting the requirements, the TN Visa is generally issued for the duration of the contract, with a maximum limit of three years. It’s imperative to have a well-defined start and end date in the contract, as open-ended or auto-renewing contracts won’t be accepted.
Given the intricacies of these contractual relationships, seeking assistance from a US immigration lawyer experienced in TN Visa applications for Canadian companies and individuals with pre-existing contracts with US firms is highly advisable. Understanding the process and meeting all requirements can significantly ease the path toward successfully obtaining a TN Visa.
In conclusion, the option for Canadian businesses to sponsor their employees for TN Visas under pre-arranged contracts adds a valuable dimension to the TN Visa landscape, facilitating a smoother process for those involved in cross-border professional services.
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