For Canadian and Mexican professionals, the TN visa offers a pathway to work temporarily in the U.S. in roles requiring specialized skills. This visa, based on the North American Free Trade Agreement (NAFTA) and governed by regulations under 8 CFR § 214.6, defines what it means to conduct “business activities at a professional level” in the United States. Here, we’ll cover the key aspects of this concept, the qualifications needed, and the purpose of temporary entry for professionals from Canada and Mexico.
What Does “Business Activities at a Professional Level” Mean?
According to 8 CFR § 214.6, business activities at a professional level refer to roles that require specialized knowledge and skills. Specifically, these activities should require at least a bachelor’s degree or equivalent credentials. The underlying intention is to ensure that applicants meet certain standards of education or professional experience relevant to the job. For example, the TN visa classification includes professions like engineers, accountants, and scientists because these roles generally demand specific education or training. NAFTA’s Appendix 1603.D.1 outlines the eligible professional categories, each tied to fields requiring in-depth expertise.
Requirements for Business Professionals Under NAFTA
Professionals applying for a TN visa need to present clear evidence of their qualifications and intent to work on specific, prearranged activities. According to 9 FAM 402.17-5(B), here are the key documentation requirements:
- Detailed Employment Letter: A letter from the U.S. employer (or a foreign employer coordinating with a U.S. entity) should outline the nature of the business activities, the purpose of entry, job duration, educational qualifications, and compensation arrangements.
- Professional Qualifications: A bachelor’s degree or comparable credentials specific to the role are required to demonstrate that the applicant is genuinely qualified to work at a professional level in the designated field.
- Temporary Intent: Applicants must prove that their stay in the U.S. is finite. This includes outlining the project’s start and end dates, as well as the intent to return to Canada or Mexico once the assignment concludes.
Temporary Entry and Self-Employment Restrictions
The TN visa is only available for temporary stays, meaning applicants must demonstrate that they do not intend to settle permanently in the U.S. Their purpose should be tied to specific professional activities with a clear end date, reinforcing the temporary nature of the entry. Self-employment is explicitly prohibited under the TN classification. Professionals entering the U.S. cannot establish their own businesses or become self-employed by providing services to an entity they control. This restriction ensures that the TN visa remains a pathway for temporary professional assignments and not for establishing a permanent business presence.
Key Points to Keep in Mind for Canadian and Mexican Professionals
- Specific Roles Only: The TN visa is only available for certain professions listed in NAFTA’s Appendix 1603.D.1.
- Prearranged Business Activities: TN applicants must have a prearranged role with a U.S.-based employer or business partner.
- Finite and Temporary: The applicant’s role in the U.S. should have a defined endpoint to reinforce the temporary stay.
- Proof of Qualifications: Educational or professional credentials are crucial, underscoring the high standards for “professional level” activities.
Conclusion
The TN visa supports the cross-border movement of skilled professionals without a direct path to permanent residency. For Canadian and Mexican citizens, this means access to valuable, time-limited work opportunities in the U.S. under clearly defined and regulated circumstances. By aligning with these requirements, professionals can use the TN visa as a straightforward option for working on specialized, temporary assignments in the United States.
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