Potential employers of Canadian or Mexican professionals under TN visa status must meet certain requirements. One of the main requirements for TN visa status is an offer of employment to engage in business at a professional level for a U.S. entity. We discuss the basic employment requirements for TN visa status here.
Must provide evidence of professional-level employment
Citizens of both Canada and Mexico are allowed to enter the United States to engage in professional-level employment for a U.S. entity. The Foreign Affairs Manual (FAM) defines a “U.S. Entity” as follows:
A U.S. entity is any business entity located and legally operating in the United States, regardless of the nationality of ownership. However, that entity must be a bona fide entity in that it must not serve to disguise the applicant’s self-employment in the United States. A citizen of Mexico or Canada whose primary purpose of travel is to engage in professional employment for a U.S. entity is permitted to reside temporarily in the United States during that employment if you are satisfied that the applicant’s proposed stay is temporary.
What is evidence of professional-level employment?
The entity supporting the TN visa application must provide the applicant with sufficient evidence to show the applicant will be engaged in prearranged business activities for a U.S. employer or entity at a professional level. Evidence can be provided to support the availability of sufficient professional-level employment by way of an employment letter or a contract providing a detailed description of the duties to be performed. At a minimum the employment letter or contract must include:
- A detailed listing of the activities in which the applicant will be engaged;
- Purpose of entry;
- Anticipated length of stay;
- Educational qualifications or appropriate credentials demonstrating professional status; and
- Arrangements for remuneration.
Insufficient proof of professional-level employment is a common reason for the denial of a TN visa application. Prior to submitting a TN visa application, you should seek advice from a qualified US immigration lawyer to make sure you meet the TN visa requirement of professional-level employment.
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