The U.S. Department of Homeland Security (DHS) recently clarified an important rule that impacts TN visa applicants from Canada and Mexico. Under the United States-Mexico-Canada Agreement (USMCA), professionals entering the U.S. in a licensed occupation must now hold the required U.S. state license at the time of entry if their intended duties require licensure. This marks a shift from previous practices where licensure could be obtained after admission.
What Changed?
The new guidance clearly states:
“The alien must meet applicable license requirements to practice a licensed profession in the U.S. state in which the alien intends to practice.”
This means that professionals such as dentists, lawyers, engineers, and other licensed practitioners must present a valid U.S. state license when applying for admission under TN status if they will be performing duties that require such a license.
When Is a U.S. License Not Required?
The policy also recognizes that not all professional-level activities require a license, even in licensed professions. Below are examples where a U.S. license is not required:
Example 1: Seminar or Training (Dentistry)
- A Canadian or Mexican dentist entering the U.S. to conduct a prearranged seminar or training does not need a U.S. dental license.
- The applicant may present credentials such as a DDS or DMD (Canada) or Doctor en Odontología (Mexico).
- Key condition: The activity must not involve treatment or clinical practice.
Example 2: Legal Consulting (Foreign Law)
- A Canadian lawyer entering the U.S. to provide legal advice about Canadian law is not required to hold a U.S. bar license.
- Credentials such as a J.D. from a Canadian law school and provincial bar admission are sufficient.
- The same applies to Mexican lawyers providing advice on Mexican law.
In both scenarios, the professionals are not engaging in regulated U.S.-based practice and are therefore not subject to U.S. licensing requirements.
When Is a U.S. License Required?
If the professional intends to perform duties that require a license under U.S. state law, then that license must be secured prior to entry. For example:
- A dentist planning to treat patients in a U.S. dental clinic must be licensed in that state.
- A lawyer advising on U.S. law or appearing in court must be admitted to the relevant U.S. bar.
Entering the U.S. to perform licensed duties without the proper credentials may result in denial of entry or more serious immigration consequences.
What About Training Functions?
The USMCA permits TN visa holders to perform training functions—including seminars, workshops, and other professional-level instruction—if the following conditions are met:
- The event or activity is prearranged by a U.S. employer or entity.
- The training is tied to the applicant’s professional expertise.
- The activity is not an open or unscheduled public seminar.
For example, a Mexican engineer conducting an internal technical training session for a U.S. company does not need a state engineering license, so long as the activity is prearranged and non-regulated.
Why This Clarification Matters
This updated guidance ensures greater transparency and predictability in the TN application process. Applicants must now:
- Understand whether their job duties fall under state licensing requirements
- Hold the required license before seeking TN admission
- Differentiate between licensed practice and exempt activities, such as training or consulting
Failing to comply with these requirements may lead to complications at the border, visa denials, or even findings of misrepresentation.
Final Thoughts
If you’re a Canadian or Mexican citizen applying for a TN visa in a licensed profession, the safest approach is to:
- Review your planned job duties
- Consult state licensing boards if needed
- Work with an immigration attorney to ensure proper documentation
This new standard makes it clear: If a license is required, you must already have it before arriving in the U.S. But if you’re coming for a seminar or to advise on foreign law, your home country credentials may still suffice.
Need Help with a TN Visa Application?
At Richards and Jurusik, we help Canadian and Mexican professionals navigate the complexities of U.S. immigration, including TN visa licensing issues. Contact us to ensure your application meets current legal standards.
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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)
