Can I work as a manager or a supervisor on a TN Visa?

The TN Visa, part of the US-Mexico-Canada Agreement (USMCA), allows certain managerial and executive roles to qualify under specific conditions. This article explains when and how these positions might meet TN Visa requirements, focusing on necessary professional-level knowledge and job responsibilities.

TN Visa Eligibility for Managers and Supervisors

Most TN Visa categories are designated for specific professional roles; however, managers and executives can qualify under certain conditions. The eligibility for these roles hinges on the nature of the job and the level of professional knowledge required.

Key Scenarios for TN Visa Approval in Managerial Roles:

1. Professional-Level Knowledge Requirement:
   • Managerial roles that require professional-level knowledge may be eligible. For example, an architect managing other architects must have profound expertise to evaluate their work effectively, making this a potential case for TN Visa approval.
2. Evaluation of Job Description:
   • The eligibility for supervisory positions depends significantly on job content. Supervisors who oversee the work of other professionals within their field are likely to meet TN Visa standards. In contrast, roles focused mainly on administrative tasks may not qualify as they do not require specialized professional knowledge.

Steps to Determine TN Visa Eligibility:

1. Nature of Responsibilities:
   • Assess if the managerial or supervisory role involves directing and evaluating the work of other professionals in your specific area of expertise.
2. Professional-Level Expertise:
   • Verify that the role demands high professional knowledge and skills in the relevant field.
3. Adherence to TN Visa Classification:
   • Confirm that the managerial or executive position meets the TN Visa classification criteria, emphasizing the necessity for professional-level knowledge as defined in the USMCA agreement and relevant legal guidelines (9 FAM 402.17-12 and 8 CFR 214.6(c)).

Conclusion