TN Visa Rules for New and Small Employers

Last Updated on: Temporary Work Visas, TN Visas for NAFTA Professionals, US Immigration for Canadians, US Immigration for Employers, US Immigration for Mexicans
TN Visa Rules for New and Small Employers

TN visa applications are often viewed as fast and straightforward, but when the sponsoring U.S. employer is a new or small company, both U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) closely scrutinize whether the company is a real, active operating business.

This issue most commonly arises when:
  • The U.S. company was recently formed
  • The employer has a few employees
  • The TN application is presented directly at a port of entry
  • The company has limited revenue or online presence

Understanding what evidence supports a legitimate TN employer and how CBP and USCIS independently verify businesses is critical to avoiding refusals, withdrawals, or lengthy secondary inspections.

What CBP and USCIS Are Evaluating in TN Cases

For TN purposes, officers are not evaluating whether the business will succeed in the long term. Instead, they focus on whether:

  1. The U.S. company actually exists and is operating
  2. The business activity supports the offered TN position
  3. The employer has the ability and intent to employ the TN professional as described

A company does not need to be large or profitable, but it must be more than a paper entity created solely to support a TN application.

Evidence That Helps Prove a Real, Active TN Employer

1. Company Formation and Legal Existence

These documents establish that the employer exists legally, but they are only a starting point:

  • Articles of Incorporation or Organization
  • Certificate of Good Standing
  • Employer Identification Number (EIN)
  • Required business licenses or permits

On their own, these documents do not prove that the company is operating.

2. Physical or Operational Presence in the United States

CBP officers often ask where and how the company operates. Helpful evidence includes:

  • Commercial office lease or sublease
  • Coworking or shared office agreements
  • Utility or internet bills in the company’s name
  • Explanation of remote or hybrid operations

3. Financial Activity and Business Banking

Active companies show ongoing financial activity. Strong evidence may include:

  • U.S. business bank statements
  • Initial capitalization or funding records
  • Recurring business expenses (rent, software, vendors)
  • Payroll setup documentation

A single recent deposit with no ongoing activity often raises red flags.

4. Clients, Contracts, and Revenue Activity

Third-party business relationships are among the most persuasive indicators of legitimacy:

  • Client or customer contracts
  • Statements of work (SOWs)
  • Invoices issued and paid
  • Vendor or supplier agreements
  • Client confirmation letters

5. Employees, Contractors, and Business Structure

While TN regulations do not require a minimum number of employees, CBP often examines whether the company has the structure to support the TN role:

  • Organizational charts
  • Offer letters or employment agreements
  • Independent contractor agreements
  • Payroll summaries for existing staff

Single-person companies sponsoring TN workers typically receive heightened scrutiny.

6. The TN Employer Support Letter

The employer support letter is critical and should clearly explain:

  • The company’s business activities
  • How the TN position fits into current operations
  • The projects or clients the TN professional will support
  • Compensation, supervision, and work location

Generic or vague letters are a common cause of TN refusals.

7. Online and Public Business Footprint

CBP officers routinely conduct internet searches at the port of entry. Helpful indicators include:

  • A functional company website
  • Professional email domains
  • Google business listings or LinkedIn pages
  • Marketing or promotional materials

How CBP and USCIS Independently Verify TN Employers

VIBE (Validation Instrument for Business Enterprises)

USCIS, and in some cases CBP, uses VIBE, which pulls data from commercial databases such as:

  • Dun & Bradstreet
  • Experian
  • LexisNexis
  • Equifax

VIBE may show business addresses, estimated revenue, employee counts, and industry classification. New companies often appear incomplete or inaccurate, which can trigger questions or RFEs.

Public Records and Real-Time Searches

Officers frequently review Secretary of State records, company websites, Google Maps listings, and prior immigration filings, often in real time during TN inspection.

Common TN Red Flags for New Employers

  • Recently formed companies with no operational evidence
  • No clients, contracts, or revenue activity
  • Minimal or nonexistent online presence
  • Job duties that do not clearly match a TN profession
  • Employer letters lacking operational detail

Key Takeaways

  • Incorporation alone is not enough for TN purposes
  • CBP scrutinizes new and small employers closely
  • Officers independently verify employer information using VIBE and public data
  • Strong documentation and detailed employer letters reduce risk

For TN applicants, preparation should assume that CBP will verify everything, quickly and critically.

Schedule a Consultation with an Immigration Lawyer

Citations

We Can Help!

If you have questions regarding employment-based immigration or immigration forms, 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. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

Contact Us

Similar Posts