Does my job offer qualify for a TN visa?

After receiving an offer of employment from a US employer, it is crucial to verify that the position you have been offered qualifies for TN Visa status. Many employers don’t contemplate the need for a work visa when drafting the offer letter. Even if they do, they are not sufficiently familiar with the qualifying professions, and requirements for TN Visa offer letters. Before applying for a TN Visa, verifying that your job offer qualifies for a TN Visa is essential. We discuss determining if your job offer qualifies for a TN Visa here.

Does my job offer qualify for a TN visa?

When a job offer is not clearly aligned with a listed TN visa profession, it can be difficult to determine if your job offer qualifies for a TN Visa. Most job offers do not contain the information required, including duties to be performed, to make a proper determination. If you have a job offer for a position that is not clearly listed under the USMCA professions list, you can use the following three-part analysis to determine if your position might qualify for TN Visa status:

  1. What is your profession? Oftentimes a job title is used for employment purposes only. The way an employer identifies and classified their employees. Job titles are often not clearly indicative of the actual profession performed. Looking past the job title, what is the actual profession? For example, the Vice President of Finance could be an accountant, an Operations Manager could be an engineer, a Project Manager could be a Computers Systems Analyst, etc. If your actual profession is listed as a USMCA profession, then it might qualify for TN Visa status.
  2. What are your qualifications? To qualify for TN Visa status under a listed profession, you must have gained the necessary education and or experience listed for that profession. Your qualifications must be in a closely related field and any experience must be supported by letters from former employers. If you meet the qualifications under a TN visa profession, then you might qualify for a TN Visa.
  3. What are your job duties? Job duties are a greater indicator of a profession than a job title. The duties to be performed must closely align with a USMCA profession. If the duties are closely aligned with a USCMA profession then the position might qualify under a TN visa profession.

If you are able to perform the above three-part analysis and conclude that your profession is a USMCA profession, you meet the minimum qualifications for the profession, and your duties are consistent with the profession, then you might qualify for TN Visa status.

Do I need a lawyer for my TN Visa application?

In cases where there is not a clear nexus between the job offered and a USMCA professional, it is best to work with an immigration lawyer with specific experience with TN Visa professionals. Most often, only an immigration lawyer with experience in such cases will be able to provide the necessary advice and counsel to prepare an approvable TN visa application.

TN Visa Professions & Occupations List

What is the difference between an offer letter and a support letter for a TN Visa?

What does my TN Visa offer letter need?

Our TN Visa Lawyer Services

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The immigration lawyers at Richards and Jurusik Immigration Law have more than 30+ years of TN Visa experience helping people to live and work in the United States. Contact us today for an assessment of your qualifications for TN Visa status.

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