U.S. entities considering hiring Canadian or Mexican professionals under the TN visa status must adhere to specific requirements. Central to these is the offer of professional-level employment. This article delves into the fundamental employment criteria that need to be satisfied for TN visa eligibility.
Defining a U.S. Entity for TN Visa Purposes
According to the Foreign Affairs Manual (FAM), a U.S. entity is defined as any business that is located and legally operating within the United States, irrespective of the ownership’s nationality. Importantly, the entity must be bona fide, meaning it cannot be a facade for the applicant’s self-employment in the U.S. Canadians or Mexicans traveling to the U.S. with the primary purpose of professional employment are allowed temporary residence during their tenure of employment, assuming their stay is temporary.
What Constitutes Evidence of Professional-Level Employment?
To support a TN visa application, the employing entity must provide concrete evidence that the applicant will engage in prearranged business activities at a professional level. This evidence typically includes:
- An employment letter or contract with a detailed description of the duties.
- A comprehensive listing of the activities the applicant will engage in.
- The purpose of entry and anticipated length of stay.
- Documentation of educational qualifications or credentials demonstrating professional status.
- Details on arrangements for remuneration.
The Importance of Sufficient Proof
Lack of adequate proof of professional-level employment is a frequent cause for TN visa application denial. To avoid such issues, it’s advised to consult with a qualified U.S. immigration lawyer before submitting a TN visa application. This ensures that all aspects of the professional-level employment requirement are thoroughly addressed.
Conclusion
For U.S. entities aiming to employ Canadian or Mexican professionals under TN visa status, understanding and meeting these employment requirements is crucial. Proper documentation and evidence of professional-level employment are key to ensuring the success of a TN visa application.
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