For professionals from Canada and Mexico seeking employment in the United States, the TN Visa offers a valuable opportunity under the United States-Mexico-Canada Agreement (USMCA). Understanding the employment requirements is essential to ensure a successful application. This blog post covers the specifics of 9 FAM 402.17-5(A) regarding employment for TN Visa holders, focusing on prearranged business activities and working through employment agencies.
What is 9 FAM 402.17-5(A)?
The Foreign Affairs Manual (FAM) is a comprehensive guide U.S. consular officers use to evaluate visa applications. Section 9 FAM 402.17-5(A) outlines the employment criteria for TN Visa applicants. Specifically, it mandates that applicants must engage in a prearranged business activity at a professional level for a U.S. or foreign employer and employment agencies.
Key Points:
- Prearranged Business Activity: The applicant must have a clear, prearranged job offer or business activity before applying for the TN visa.
- Professional Level: The job requires an experienced skill set and qualifications.
Employment Through an Agency
A notable aspect of 9 FAM 402.17-5(A) is its stance on employment agencies. While working through a third-party agency is not a ground for refusal, there are specific conditions that must be met:
Conditions for Agency Employment:
- Identified U.S. Entity: The TN Visa applicant must be placed in a specific, identified position at a U.S. entity.
- Evidence of Employment: The agency must provide proof that all elements of prearranged professional employment are met.
- No Job Hunting: An agency cannot hire a TN professional to find them a job placement after they arrive in the U.S. The position must be determined and documented before the application.
Example Scenario
Consider a Canadian engineer hired by a staffing agency. To qualify for a TN Visa, the agency must have a specific job lined up for the engineer at a U.S.-based company. This job must be prearranged and documented in the visa application. The engineer cannot enter the U.S. under the TN Visa to find employment opportunities.
Importance of Prearranged Employment
The requirement for prearranged employment ensures that TN Visa holders enter the U.S. with a clear professional purpose. This provision helps maintain the integrity of the visa program and ensures that professionals are contributing meaningfully to the U.S. economy.
Benefits:
- Predictability: Prearranged employment provides predictability for both the employer and the employee.
- Compliance: Ensures compliance with U.S. immigration laws.
- Professional Integrity: Maintains the professional standards expected of TN Visa holders.
How to Meet Employment Requirements
To successfully meet the TN Visa employment requirements, follow these steps:
- Secure a Job Offer: Obtain a job offer from a U.S. or foreign employer for a specific position.
- Document the Offer: Ensure the job offer is well-documented, including the job description, professional requirements, and terms of employment.
- Agency Placement: If using an employment agency, verify that the agency has arranged a specific job placement with a U.S. entity.
- Prepare Application: Include all relevant documentation in the TN Visa application to demonstrate that the prearranged employment criteria are met.
Conclusion
TN Visa applicants must understand and adhere to the employment requirements outlined in 9 FAM 402.17-5(A). Whether applying directly to a U.S. employer or through an employment agency, ensuring that all criteria are met will enhance the chances of a successful visa application. Consulting with an experienced immigration lawyer is highly recommended for further guidance and assistance with the application process.
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Citations
- U.S. Citizenship and Immigration Services (USCIS) – TN NAFTA Professionals
- U.S. Department of State – Foreign Affairs Manual
We Can Help!
If you have questions regarding TN visa requirements. 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 people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.