TN Visa status fellow or intern

Entry into many professions can begin with fellowships and internships. Under the USMCA (NAFTA), TN visa status is available to both interns and fellows that will be working in the United States at a professional level under a TN visa profession. We discuss working in the United States under TN visa status on a fellowship or internship here.

Can I obtain TN visa status for a fellowship or internship?

According to 9 FAM 402.17-5(A) Employment (4) Fellows/Interns:

A TN visa can be issued for fellowships or internships only if the duties reflect a position that is truly at a professional level.  If the applicant is seeking to work in a lesser capacity such as trainee or intern, in the sense of being a true novice, and therefore is not in fact working in the position listed in Appendix 2 of Annex 16-A, it is correct to refuse the applicant 214b. However, the application should not be refused solely because the title is “intern” if the duties are in fact at a professional level.

If you will be working as a fellow or intern with professional level duties under a qualifying TN visa profession, you are able to obtain TN visa status. If the position is merely observatory and doesn’t rise to the level of professional level work, it will not qualify for TN visa status under the USMCA.

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