What are the Criteria for a TN Nonimmigrant Visa?

TN nonimmigrant visas / status are for Canadian and Mexican individuals who are engaged in activities at a professional level. Canadians do not actually need a TN "visa" as they are "visa exempt"; they may simply enter the United States in a TN nonimmigrant "status", or change their nonimmigrant status to a TN nonimmigrant status if they are already in the United States in another nonimmigrant status. Activities at a professional level are defined as activities that require "at least a baccalaureate degree or appropriate credentials demonstrating status as a professional."

A TN nonimmigrant worker may only perform work for a U.S. employer. However, citizens of Canada may qualify for TN nonimmigrant worker status if they are employed by a Canadian employer and seek to enter the United States to provide pre-arranged services in an employer-employee relationship with a U.S. entity (or it may be a contractual relationship, either between a self-employed professional or between the professional's employer and a U.S. entity).

The TN nonimmigrant worker category is similar in some respects to the H-1B nonimmigrant worker category except there is no statutory limitation on how long a TN professional can stay in the United States, and the TN nonimmigrant worker category generally covers a broader range of job categories than does the H-1B.

This guide was developed by Meyers & Meyers, LLP as a resource to help you understand some aspects of Immigration Law, which is very complex. It is not intended to create an attorney-client relationship. We recommend you contact one of our experienced Immigration Attorneys to devise an individualized plan to help you and/or your company achieve your goals. Please contact Meyers & Meyers, LLP at [email protected] for assistance.

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