For Canadians there is an option for a TN work permit if eligible to work in the United States as NAFTA professionals:
- Be a citizen of Canada,
- The profession is on the USMCA list;
- Applicant will work in a full-time or part-time job for an employer;
- The applicant has the required qualifications for the profession, including education requirements or experience.
For a complete list of professions with minimum education requirements and credentials, see Appendix 1603.D.1 of USMCA Chapter 16.
What does a U.S. immigration officer consider for a TN work permit?
The adjudicating officer’s job is to determine the answers to one, 3-point question when considering the applicant’s request:
- Is the professional occupation sought permitted under the USMCA / TN classification?
- Is it on that list? yes
- Does the applicant before the officer possess the qualifications set out for that occupation?
- Many occupations listed require a minimum of a BA or/and State / Provincial Licensure: if Yes.
- Are the required duties for the job offered in line with the regular duties of the occupation?
- Will the Applicant perform duties for that specific professional position while working for the Company? The duties presented are in line with those noted by the company and also identified as ‘normal duties’ for that particular professional position. The U.S. Customs and Border Protection officer (CBP) sometimes refers to online handouts for guidance on specific occupations.
The CBP will also consider:
- Is the position stated as temporary employment for a permitted period of up to 3 years?
- Yes, 3 years is requested and the job is identified as a temporary offer. There is the option to renew or extend a TN in future, with no set overall maximum duration, but every application must state it is a temporary offer for a specific period permitted. (to compare, the L1-A classification carries a stated maximum of 7 years, and the H-1B a stated maximum of 6 years. TN’s limit is set only as 3 years maximum per application)
- Is the offered wage in line with what an Engineer would receive?
- They will review the company information, website and their need for this type of professional
- They will review the website and project information enclosed in the application materials, it may involve a google search of both the company and the Applicant and it may also include a phone call to the business.
- The officer will also consider the Applicant’s admissibility to the United States, in general, as part of the normal screening process all individuals undergo when seeking admission.
There are other options to work in the USA available for professional titles such as “Director”, “Manager” or “Team Lead” or “Senior”. Managerial roles are not a TN fit; they would fall more under H-1B, L, and O ( all depending on the specific professional experiences). The CBP, by default, naturally leans away from positive findings if there is any grey area and this would create a greater likelihood of denial.
For more detailed guidelines and personalized assistance, book a consultation with our experienced Vancouver immigration lawyer at YA Law Corporation. Our team specializes in navigating the complexities of USA immigration, including TN work permits under the USMCA classification. We are here to guide you through the process and ensure your case is handled efficiently and effectively.