Getting a TN without an Immigration Lawyer

If you believe that getting a TN visa is easy without the help of a U.S. immigration lawyer, then you’re definitely wrong. Applying for a TN visa without a properly prepared application and properly written offer letter can cause your TN application to be denied.  TN visa may appear to be straightforward and simple but the reality is that there are many factors that both the employee and the employer need to consider before processing the TN application. Many TN applicants who processed their TN applications without a lawyer were denied of TN status.

Common Errors in Applying for a TN Visa

Addressing the TN letter to USCIS or INS – New TN applications are not reviewed by USCIS, while the INS was dissolved more than 10 years ago.  Applications for TN visa are reviewed by the Customs and Border Protection (CBP) under the U.S. Department of Homeland Security.

Job Duties Not Matching the TN Profession – It’s wrong to believe that the job duties are not important as long as the job title in the offer letter from the employer matches a certain profession listed under NAFTA. The officers of CBP inspect both the job title and duties to ensure that they’re in line with the TN profession applied for. It’s important that both the job title and duties are consistent with the TN profession.

Degree Earned Doesn’t Fit with TN Profession – If the degree you earned doesn’t fit the TN profession you stated in the TN application, then you may not qualify for TN status. This means that if a TN employer offers you a position as a Computer Systems Analyst but the degree you earned is Business Administration, then you may not qualify to work as Computer Systems Analyst. Certain TN professions and degrees can be flexible but the TN offer letter needs to be specific when prepared.      

Employer Offer Letter Does Not Include Detailed Job Duties – The TN offer letter from the employer must include detailed list of job duties for the CBP officer to determine whether or not the employee will perform duties that are suitable for the TN profession applied for. An offer letter that lacks detailed list of duties is most likely denied.

TN Offer Letter Does Not Include Details – A TN offer letter from the employer must include the details of the job position such as the salary, start date, end date, whether the offered position is part-time or full-time, and all other details. 

TN applicants who fail to include details and necessary documents in their TN applications have high probability of being denied admission to the United States as TN non-immigrants. Improperly prepared TN applications can even cause long-term bar on admission to the U.S. For more questions about proper preparation of your application for TN visa, contact us today for free assessment.