The TN visa, designed for Canadian and Mexican professionals under the United States-Mexico-Canada Agreement (USMCA), provides a unique opportunity for temporary work in the United States. However, its foundation rests on the principle of temporary nonimmigrant intent, which requires applicants to prove that they have no plans to establish permanent residence at the time of their entry. This blog delves deeper into what “temporary entry” means, the legal requirements, and how TN visa holders can balance their nonimmigrant intent with future possibilities for permanent residency.
What Is Temporary Entry Under 8 CFR 214.6?
Temporary entry, as defined in 8 CFR 214.6, is a core requirement for TN visa applicants. It means entering the U.S. without the intent to establish permanent residence. The applicant must convince immigration officials that their stay has a finite, predictable end, typically tied to a specific work assignment or project. Key requirements for demonstrating temporary entry include:
- Finite Duration: The work assignment must have a clear end date. For example, a project lasting 18 months qualifies as temporary.
- Departure Plans: The applicant must show they plan to leave the U.S. after completing their assignment. Evidence may include a return ticket, ties to their home country (e.g., property ownership, family), or a written statement from the employer confirming the assignment’s end date.
- Nonimmigrant Intent: The applicant must not intend to transition to permanent residence when applying for the TN visa.
Failure to meet these criteria can result in visa denial or difficulties during the inspection process.
Temporary Nonimmigrant Intent for TN Visas
The concept of nonimmigrant intent is governed by INA 214(b), which presumes every visa applicant intends to immigrate permanently unless proven otherwise. For TN visa holders, this requires evidence that:
- Their stay in the U.S. is temporary.
- They intend to return to their home country.
The Foreign Affairs Manual (9 FAM 402.17) outlines additional guidelines for TN visa applicants, emphasizing the importance of convincing immigration officers that their visit is limited to professional purposes.
How to Demonstrate Nonimmigrant Intent
Applicants can strengthen their case by:
- Providing proof of ties to Canada or Mexico, such as a mortgage, lease, or family connections.
- Submitting a letter from the employer specifying the temporary nature of the job.
- Showing financial stability in their home country to reinforce their intent to return.
No Automatic Negation by Immigrant Petitions
One critical clarification made by U.S. Customs and Border Protection (CBP) is that filing or approval of an immigrant petition (e.g., a family-based or employment-based green card petition) does not automatically negate an applicant’s temporary intent. Unlike H-1B visas, TN visas do not formally recognize “dual intent,” meaning holding both nonimmigrant and immigrant intent simultaneously. However, temporary intent at the time of entry is sufficient for compliance. Having an immigrant petition on file doesn’t invalidate the temporary nature of the TN visa as long as the applicant can prove they intend to fulfill the terms of their TN status before pursuing permanent residency.
Transitioning from TN Visa to Permanent Residency
While TN status is temporary, many professionals transition to permanent residency through pathways like marriage, employer sponsorship, or other immigration options.
1. Employer Sponsorship and the PERM Process
The PERM (Program Electronic Review Management) process allows U.S. employers to sponsor foreign workers for permanent residency. This involves:
- Filing a labor certification to prove no qualified U.S. workers are available for the role.
- Submitting an immigrant petition (Form I-140).
- Transitioning to a green card through adjustment of status or consular processing.
2. Marriage to a U.S. Citizen
A TN visa holder who marries a U.S. citizen can apply for permanent residency through family-based sponsorship. This involves filing Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status).
3. Employment-Based Green Cards
Professionals on a TN visa may qualify for employment-based green cards (e.g., EB-2 or EB-3 categories), particularly if they hold advanced degrees or specialized skills.
Maintaining Compliance During the Transition
Maintaining TN status is essential until the green card process is complete. Misrepresentation of intent during visa applications or interviews can lead to denial and future ineligibility.
Balancing Nonimmigrant Intent with Future Immigration Goals
Managing Temporary Intent
To remain compliant, TN visa holders should:
- Avoid suggesting plans for permanent residence during TN visa applications or at the port of entry.
- Clearly articulate their intent to return to Canada or Mexico after their assignment ends.
Planning for the Future
While maintaining temporary intent, applicants can simultaneously prepare for long-term immigration goals by:
- Exploring sponsorship opportunities with their U.S. employer.
- Consulting an immigration attorney to identify suitable pathways for transitioning to permanent residency.
Conclusion
The TN visa is an excellent opportunity for Canadian and Mexican professionals seeking temporary employment in the United States. However, understanding and adhering to the principle of temporary nonimmigrant intent is crucial for compliance. At the same time, TN visa holders can keep future pathways to permanent residency open, provided they navigate the process carefully.
Schedule a Consultation with an Immigration Lawyer
Citations
- 9 FAM 402.17 – USCMA Professionals TN and TD Visas
- DOS: INA 214(b)
- TN Visa Intent Memo – Resources Blog – TN Visa FAQs – Richards and Jurusik Immigration Law – Buffalo NY
