Job titles vary from employer to employer and do not always indicate the duties performed. Most commonly, a job title comes from an employer’s internal job classification system. Some job titles can complicate the visa process, while others tie in nicely. Regarding TN visa status, the job title is a factor that should be carefully assessed before making a TN visa application. We discuss the importance of a job title for TN visa application purposes here.
Is the Job Title Important for a TN Visa Application?
According to 9 FAM 402.17-6 – Entry Documents, job titles for TN visa applications under the USMCA are discussed as follows:
While the job letter may include the USMCA profession in which the applicant will be employed, you must determine the actual job title USMCA based on the duties in the job position description. For example, an employment letter might offer the applicant the job title of “computer system analyst” but the totality of the information presented may lead you to find that the applicant’s job duties more closely align to that of data entry or computer programming—neither of which are specified USMCA professions. In this example, you would correctly determine that, despite the job title specified in the employment letter, the applicant does not qualify for the TN visa.
Ensuring that the job title accurately reflects the position’s duties is crucial. The U.S. immigration authorities will evaluate whether the job duties match the professions listed under the USMCA. Misalignment between the job title and actual responsibilities can lead to a visa denial, even if the title is a qualifying profession. Thus, the job title and duties must meet the USMCA requirements for a TN visa.
Conclusion
Understanding the importance of a job title is essential for a successful TN visa application. To avoid denials, ensure your position meets all criteria for your TN profession. For more detailed guidance, please consult with one of our experienced immigration lawyers to navigate the complexities of the TN visa application process.
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*This site is for informational purposes only and shall not be construed as legal advice; past results don’t guarantee future outcomes.*
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)
