The TN Visa, under the United States-Mexico-Canada Agreement (USMCA), provides a unique opportunity for Canadian and Mexican citizens to engage in professional employment in the United States. Understanding the specific requirements and conditions of the TN Visa is important for professionals seeking to work in the U.S. This blog reviews how employment is defined under the USMCA for TN Visa holders.
Employment Agency and TN Visa
Key Points:
- Professionals employed through an agency can qualify for a TN Visa.
- The agency must have a specific, identified position in a U.S. entity for the professional.
- An agency cannot hire to find a future placement.
Part-Time Employment
Key Points:
- TN status permits part-time employment in the U.S.
- Applicants must still meet all the standard TN Visa requirements.
Restrictions on Self-Employment
Key Points:
- TN Visa holders cannot be self-employed in the U.S.
- Those seeking self-employment should consider E-1 or E-2 visa categories.
- Involvement in businesses where the applicant has significant control may disqualify them from TN status.
Internships and Fellowships
Key Points:
- TN Visas are applicable for internships or fellowships if the role is at a professional level.
- Titles such as ‘intern’ are acceptable if the duties meet the professional standards of the TN Visa.
Employment with a U.S. Entity
Key Points:
- TN Visa holders must work for a bona fide U.S. entity.
- The primary purpose of the visa holder should be to engage in professional employment in the U.S.
- Residency is temporary and tied to the duration of employment.
Teleworking Considerations
Key Points:
- Teleworking from the U.S. for a U.S. entity is permissible under TN status.
- Teleworking should not be for the convenience of the employee but based on the business need.
- TN Visa holders cannot primarily work in a foreign country while residing in the U.S.
Conclusion
Understanding these specific employment-related aspects of the TN Visa under 9 FAM 402.17-5(A) is vital for Canadian and Mexican professionals planning to work in the United States. Each scenario has its criteria and conditions, and it’s essential to adhere to these to maintain compliance with U.S. immigration laws.
Citations
- 9 FAM 402.17 USMCA PROFESSIONALS – TN AND TD VISAS
- USMCA Agreement, Annex 16-A: Professional Level Employment Criteria
We Can Help!
You may have questions regarding qualifications for a TN Visa. 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.
