Understanding TN Visa Eligibility for U.S. Territories
The TN visa allows qualified Canadian and Mexican citizens to work in the U.S. under the USMCA (formerly NAFTA). But what if your job offer is in a U.S. territory like Guam or American Samoa? This blog explains where you can legally work on a TN visa and covers important rules you should know.
1. Can You Work in a U.S. Territory on a TN Visa?
No, you cannot use a TN visa to work in all U.S. territories. To qualify, your U.S. employer must have a worksite in one of these locations:
- The 50 U.S. states
- Washington, D.C.
- Puerto Rico
This means that job offers in the following territories do not qualify for TN visa employment:
- Guam
- The Northern Mariana Islands
- American Samoa
- The U.S. Virgin Islands
Even though these are U.S. territories, they fall outside the TN visa’s authorized work locations.
2. What Does “Abroad” Mean for TN Visa Purposes?
Under INA 101(a)(38), the term “abroad” is defined as:
Outside the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
This means that American Samoa is considered “abroad” because it is NOT included in the definition of the United States under INA 101(a)(38). As a result:
- Employment in American Samoa does NOT qualify for a TN visa.
- Even though American Samoa is a U.S. territory, it’s treated differently from Puerto Rico or Guam when it comes to immigration rules.
3. Can You Get a TN Visa for Part-Time Work?
Yes, TN visa holders can work part-time in the U.S. Your job offer doesn’t need to be full-time to qualify. However, you still need:
- A valid employment letter from the U.S. employer
- Proof that the job matches a TN-eligible profession
- Evidence of your qualifications
Tip: If you plan to work for more than one employer, each job will require separate TN visa approval.
4. Can You Sponsor Yourself for a TN Visa?
No, you cannot self-sponsor a TN visa through your own company. The TN visa requires:
- A bona fide job offer from a U.S.-based employer
- An employer-employee relationship
Even if you own a business in the U.S., you can’t sponsor yourself as the employer. The job must be offered by a third-party company where you do not have controlling interest.
Key Takeaways
- Eligible Worksites: The 50 U.S. states, Washington, D.C., and Puerto Rico qualify.
- Ineligible Worksites: Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands do NOT qualify.
- American Samoa: Considered “abroad” for TN visa purposes and not eligible.
- Part-Time Work: Allowed with proper documentation.
- Self-Sponsorship: Not allowed for TN visas.
If you’re unsure whether your job qualifies for a TN visa, consider consulting an immigration attorney to review your case.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
