Hiring Canadian or Mexican professionals under the TN visa category can be a fast and effective solution for U.S. employers. However, the TN process depends heavily on a properly drafted employer support letter.
If your company has never written a TN support letter, careful preparation is essential. TN classification under the United States-Mexico-Canada Agreement (USMCA) relies on clear documentation showing that the position and the candidate meet strict regulatory requirements. Below is practical guidance for employers preparing a TN support letter for the first time.
Understand the Legal Foundation of the TN Visa
The TN visa is authorized under the USMCA (formerly NAFTA) and is available only to citizens of Canada and Mexico who will work in designated professional occupations.
Key legal points employers must understand:
- The position must fall within a listed USMCA profession.
- The candidate must possess the required credentials for that profession.
- The role must be professional in nature.
- The employment must be temporary.
Official guidance on TN classification is available from:
- U.S. Citizenship and Immigration Services (USCIS)
- U.S. Customs and Border Protection (CBP)
- U.S. Department of State (DOS)
Employers should review these agency resources before drafting a letter.
Clearly Confirm the Position Qualifies Under a USMCA Profession
One of the most common mistakes first time employers make is failing to align the job title and duties with an approved USMCA profession.
Your support letter should:
- Identify the specific USMCA profession
- Explain how the job duties align with that profession
- Avoid inflated or creative job titles that do not match the approved list
For example, calling someone a “Technology Strategy Consultant” without clearly connecting the duties to a recognized TN category (such as Management Consultant or Computer Systems Analyst) can result in denial. The duties, not just the title, must fit squarely within the regulatory category.
Provide a Detailed but Clear Description of Job Duties
CBP officers and USCIS adjudicators evaluate whether the role is truly professional.
Your support letter should include:
- A concise summary of the company
- The employee’s job title
- A detailed breakdown of duties
- Percentage of time spent on each major responsibility
- Explanation of how duties require a professional-level background
Avoid vague descriptions such as:
- “Will assist with projects”
- “Responsible for various business tasks”
Instead, use specific, professional language that reflects the educational and technical nature of the position.
Document the Candidate’s Qualifications
The support letter must confirm that the candidate meets the minimum educational and licensing requirements for the TN profession.
Include:
- Degree(s) earned
- Field(s) of study
- Licensing (if required)
- Confirmation that credentials match USMCA requirements
If the degree was earned outside the United States, a credential evaluation may be necessary to confirm U.S. equivalency.
Establish That the Employment Is Temporary
TN classification is a temporary nonimmigrant classification, although it may be renewed if the individual continues to satisfy the eligibility requirements.
Your letter should:
- Specify the requested period of employment (up to three years)
- Confirm that the employment is temporary in nature
- Avoid language suggesting permanent sponsorship
Do not include statements about future green card sponsorship unless separately discussed with counsel, as this can complicate TN eligibility.
Include Essential Employment Terms
A compliant TN support letter should clearly state:
- Employer name and address
- Work location(s)
- Compensation (Salary or wage)
- Hours of work (full time or part time)
- Supervisor or reporting structure
- Duration of employment
Compensation should be consistent with the professional nature of the role.
Avoid Common First Time Employer Mistakes
Employers new to TN filings often:
- Copy generic templates without tailoring the duties
- Overstate job complexity
- Misclassify positions
- Provide inconsistent wage information
- Use permanent intent language
Each TN application is evaluated individually. A customized and legally accurate letter is critical.
Coordinate Timing and Filing Strategy
Canadian citizens typically apply directly at a U.S. port of entry with CBP. Mexican citizens generally apply at a U.S. consulate before seeking admission.
Because procedures differ, employers should coordinate with the employee regarding:
- Application timing
- Supporting documentation
- Port of entry strategy (for Canadians)
Official TN processing procedures are outlined by CBP and DOS.
Key Takeaways
Employers writing a TN support letter for the first time should focus on clarity, regulatory alignment, and precision. The position must fit squarely within a USMCA profession, the candidate must meet the credential requirements, and the letter must clearly document professional duties and temporary intent. A well drafted TN support letter significantly reduces the risk of delays, denials, or border complications.
Sources
- U.S. Citizenship and Immigration Services (USCIS), “TN NAFTA Professionals”
- U.S. Department of State (DOS), “Temporary Worker Visas – TN Visa”
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions about TN Visas, we invite you to contact Richards and Jurusik for trusted guidance and assistance. At Richards and Jurusik, we have attorneys licensed in both the U.S. and Canada, giving our clients a significant advantage for U.S. immigration matters. Our team has decades of experience helping individuals work, live, and travel across North America. 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)
