TN Visa Trades

The TN Visa status, rooted in the United States-Mexico-Canada Agreement (USMCA), facilitates employment for Mexican and Canadian citizens in professional-level positions in the United States. Eligibility for this visa is strictly tied to a designated list of professions detailed within the agreement.

Key Professions and Their Eligibility

Notably, trade professions like welders, boiler makers, carpenters, electricians, and mechanics are pivotal in various industries but are outside the USMCA’s qualifying list. This gap significantly impacts those in these fields who aim for TN Visa status to work in the U.S.

Navigating Through Alternative Classifications

Trade professionals often seek to fit into other USMCA categories to gain eligibility for TN status. A common alternative considered is the “Scientific Technician/Technologist” category. Yet, a critical U.S. Department of Justice memo dated November 7, 2002, specifies that occupations commonly linked with construction trades are not recognized under this classification, even with industry specialization.

The Impact of the DOJ Memo

This DOJ memo’s clarification is pivotal, closing the door for these trades under the TN visa status through the USMCA route. Consequently, professionals from these sectors need to look at different visa categories or qualifications that better match the USMCA’s professional listings.

Conclusion

For Canadian and Mexican trade professionals eyeing the U.S. market, grasping the intricate eligibility criteria of the USMCA for a TN Visa is essential. While direct eligibility may be challenging for some trades, alternative professional categories or visa options present viable routes for securing employment in the United States.

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