Under the US-Mexico-Canada Agreement (USCMA) there are 63 professions that qualify for TN visa status. The professions listed are not of a purely managerial nature. If you have been offered a managerial or executive position under a USMCA professional, you need to be aware of the limitations of your TN visa status. Find out if your managerial or executive role will qualify for TN visa status.
Can I work as a manager or a supervisor under TN visa status?
In limited situations, managers and executives can qualify for TN Visa status. The position can qualify if it requires professional-level knowledge to meet the job requirements.
For example, an architect whose primary job will be to supervise other architects may be approvable even though the TN worker will not directly be engaging in architectural design, but rather using their professional expertise to assess the work of other architects, which requires at least a B.A. or professional credential in architecture. If the supervisory position is more administrative in nature, e.g., ensuring compliance with company regulations and policies, this would likely not require the professional credentialing to be successful. As such, it may not meet the requirements for TN classification. 9 FAM 402.17
How do I know if my managerial or supervisory position will qualify under TN visa status?
If your role involves the management and review of the work of other professionals in your field, it may still qualify for TN visa status. If the role is purely administrative, then it may not qualify for TN visa status.
Before applying for TN visa status you should verify if your role and duties not only qualify under a TN visa occupation but also if your managerial or supervisory role will qualify under the USMCA.
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