Many employers assume that a standard job offer letter is sufficient for a TN application. However, a typical offer letter may not contain enough information to establish eligibility for TN classification. A standard offer letter is generally written for employment and onboarding purposes. A TN support letter, by contrast, is prepared specifically to show that the proposed employment satisfies the requirements of the United States–Mexico–Canada Agreement (USMCA).
Although the required employment documentation may be presented as a letter or contract, employers typically submit a detailed TN support letter that directly addresses the applicable immigration requirements.
Why a Standard Job Offer May Not Be Enough
A typical job offer letter generally includes:
- Job title
- Salary
- Start date
- Benefits
- Basic duties
These details are important, but they may not establish that the position qualifies under a specific USMCA profession.
TN employment documentation should clearly address:
- The applicable USMCA profession
- The professional activities the applicant will perform
- The anticipated length of the assignment
- The applicant’s educational or professional qualifications
- The compensation arrangement
Without sufficient documentation, the application may be delayed or denied.
What Should a TN Support Letter Include?
1. The Specific USMCA Profession
The letter should clearly identify the TN professional category under which the applicant is applying, such as Engineer, Computer Systems Analyst, Accountant, or Scientific Technician/Technologist.
It should:
- Name the applicable USMCA profession
- Explain how the proposed position fits that profession
- Confirm that the applicant will perform professional-level services
The employer’s internal job title does not necessarily have to match the USMCA profession exactly. However, the position’s actual duties must fall within the qualifying category.
2. A Description of the Professional Duties
The letter should provide a clear description of the professional activities the applicant will perform in the United States.
This generally includes:
- The position’s principal duties
- The professional nature of those duties
- How the duties relate to the requested TN profession
- Why the role requires the relevant professional background
A percentage breakdown of the duties is not expressly required, but it may be helpful when it clarifies the primary nature of the position. Vague descriptions such as “assist with projects” or “perform other duties as assigned” may not provide enough information for the reviewing officer to determine whether the position qualifies.
3. The Applicant’s Qualifications
The letter should identify the applicant’s relevant qualifications and explain how they satisfy the requirements for the requested TN profession.
Depending on the category, this may include:
- Degree or diploma earned
- Field of study
- Relevant professional experience
- Professional license
- Other credentials permitted under the USMCA
The applicant must also provide supporting evidence of the required credentials. A degree issued by an educational institution outside Canada, Mexico, or the United States must be accompanied by an evaluation from a reliable credential-evaluation service.
4. The Anticipated Length of Employment
TN classification is temporary. The letter should:
- Specify the requested employment period
- Confirm that the assignment is temporary
- Avoid inconsistent language suggesting guaranteed permanent U.S. employment or residence
TN status may be granted for up to three years at a time. Although TN status may be renewed, the applicant must establish that the present stay will be temporary and that the applicant does not intend to establish permanent residence through the TN admission.
5. The Employment or Service Arrangement
The letter should accurately identify the parties involved in the proposed work and explain the employment or service arrangement.
Depending on the circumstances, it may include:
- The identity of the employer
- The U.S. entity receiving the professional services
- The applicant’s work location
- The reporting or supervisory structure
- Any relevant relationship between a foreign employer and a U.S. client
TN professionals may perform prearranged services for a U.S. or foreign employer. Therefore, the applicant does not necessarily have to be paid directly by a U.S. company. Self-employment, however, is not permitted. Contractor arrangements should be reviewed carefully to ensure that they involve legitimate, prearranged professional services and do not amount to prohibited self-employment.
6. Compensation and Other Employment Details
The TN regulations require documentation of the arrangements for remuneration. The letter should generally state:
- Salary, hourly wage, or other compensation
- Full-time or part-time status
- Primary work location
- Requested employment period
- Supervisor, department, or reporting structure, if applicable
TN employment may be either full-time or part-time. All employment details should remain consistent throughout the supporting documents.
Supporting Documentation
In addition to the TN support letter or employment contract, applicants should generally be prepared to present:
- Proof of Canadian or Mexican citizenship
- Degrees, diplomas, certificates, or other qualifying credentials
- Academic transcripts, where relevant
- Credential evaluation, if required
- Experience letters, if required for the TN category
- Professional license or licensing documentation, where relevant
- Résumé or CV, if helpful and consistent with the application
- Documents concerning the employer and proposed employment arrangement
Applicants applying at a port of entry should generally carry original educational and professional documents when available. The exact evidence needed will depend on the requested TN profession and the facts of the case.
Canadian and Mexican Applicants
Canadian citizens generally do not need a TN visa and may apply for TN classification directly with CBP at a qualifying port of entry or pre-clearance location. A U.S. employer may also file Form I-129 with U.S. Citizenship and Immigration Services on behalf of a Canadian citizen. Mexican citizens generally must first obtain a TN visa through a U.S. embassy or consulate and then apply for admission in TN status at a U.S. port of entry.
Both Canadian and Mexican applicants must establish that the proposed position qualifies under the USMCA and that they possess the required credentials.
Common Mistakes Employers Make
Common problems include:
- Submitting only a generic HR offer letter
- Failing to identify the specific USMCA profession
- Relying on the job title without explaining the actual duties
- Providing vague or overly broad responsibilities
- Failing to explain how the applicant’s credentials satisfy the category
- Omitting the anticipated employment period
- Including inconsistent salary, location, or job-duty information
- Using language suggesting prohibited self-employment
A TN support letter should be prepared with the applicable immigration requirements in mind, not solely for employment or onboarding purposes.
Key Takeaways
A TN support letter is more than a standard job offer. It should identify the applicable USMCA profession, describe the professional activities to be performed, explain the applicant’s qualifications, state the anticipated length of the assignment, and describe the compensation and employment arrangements.
Careful drafting helps the reviewing officer understand how the position and applicant satisfy the TN requirements and can reduce the risk of avoidable questions, delays, or denials.
At Richards and Jurusik Immigration Law, we work closely with employers and professionals to prepare TN applications for review by CBP, USCIS, and U.S. consular officers. We help identify the appropriate USMCA profession, document the applicant’s qualifications, and present the proposed employment arrangement clearly and accurately.
Schedule a Consultation with an Immigration Lawyer
Sources
- U.S. Citizenship and Immigration Services (USCIS), “TN NAFTA Professionals”
- U.S. Department of State (DOS), “Visas for Canadian and Mexican USMCA Professional Workers”
We Can Help!
If you have questions regarding the TN visa process as an employee or employer, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping Canadian businesses and professionals navigate the TN visa process and expand into the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
