TN Visa Memos and Resources – U.S. Immigration Law can be complex and is governed by statute as well as legal decisions issued by U.S. governed agencies. This page is updated on a regular basis with TN Visa related memos, U.S. government decisions, and helpful resources. The North American Free Trade Agreement (NAFTA) is now the U.S. Canada and Mexico Agreement (USCMA). The USMCA has adopted the professions list and regulations governing the issuance of TN Visas from NAFTA. Due to the constantly changing landscape of U.S. Immigration Law, it is best to consult with a qualified TN Visa Lawyer before applying for a TN visa.
TN Visa Memos and Resources
General TN Visa Memos
- 9 FAM 402.17 NAFTA PROFESSIONALS – TN AND TD VISAS – A detailed breakdown of the TN visa requirements. The most comprehensive resource for TN Visa guidance including profession breakdowns, education requirements, license requirements, self-employment, adding employers, definitions of employment, changing employers, required entry documents, and more.
- TN Visa Education Requirements – NAFTA Professions list including qualifying education and credentials. Explains what the qualifications are for each TN Visa profession with a easy to follow number guide.
- TN Visa NAFTA Professions Defined – Memo explaining the Professions of NAFTA Appendix 1603 including clarification for Management Consultants, Computer Systems Analysts, Computer Engineers, Scientific Technician/Technologists, and Medical Technologists.
- Employment of Canadian and Mexican Professionals under NAFTA including TN Visa Self Employment, TN Visa Admissions procedures, TN Visa Change of Status, TN Change of Employment, and Adjustment of Status from a TN Visa.
- TN Visa Immigrant Intent Memo – USCIS Memo that explains that the approval an I-140 alone does not establish immigrant intent. Intent is not established until the decision to adjust status has been made. The beneficiary of an approved I-140 or I-130 can still obtain a TN visa as long as they establish non-immigrant intent.
- Federal Register TN Visa Licensure Requirements – Explanation of the TN Visa licensure requirements, temporary license requirements, and duties without a license.
- TN Visa Self Employment Memo – Self employment not allowed on a TN Visa.
- TN Visa Licensing Requirements – State license is not a mandatory requirement for admission in TN visa status.
Profession Specific TN Visa Memos
- Appendix 1603.D.1 Nafta Chapter 16 Professions List – Complete USMCA (NAFTA) Professions list. TN Visa Occupations and minimum education requirements and alternative credentials.
- TN Visa as a Physician – Memo detailing the TN Visa Physician profession and direct patient contact.
- TN Visa Memo Scientific Technician Technologist – Memo defining the profession and qualifications for TN Visa Scientific Technician Technologist under USCMA (NAFTA). Explains the acceptable fields of employment, inter-related work requirement, qualifications, and professions not admissible as ST/T.
- TN Visa Computer and Software Engineers – Memo that explains that Computer Engineers and Software Engineers qualify for TN visa status under the USMCA (NAFTA) profession.
- Visa Screen for foreign health care workers -Under 212(a)(5)(C) and (r) of the Immigration and Nationality Act (Act), even if you were educated and licensed in the United States you will still need a valid visa screen. A foreign worker performing labor as a health care worker, other than a physician, is inadmissible unless the alien presents a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS), or an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of the Department of Health and Human Services (HHS
- CBP TN Visa Checklist – A copy of the U.S. Customs and Border Protection NAFTA TN Eligibility Checklist.
- CBP L1A Checklist – CBP checklist for L1 Visa applications submitted at U.S. Ports of Entry.
- CBP Visitor Checklist – CBP checklist for visitors to demonstrate ties to their home country.
TN Visa Templates
- TN Visa Experience Letter Template – A resume of CV cannot be used as proof of experience for a TN visa application. You must present a letters from former employers/clients as proof of your qualifying experience.
- TN Visa Statement of Intent – As a TN visa holder you are required to maintain your intent to return to your foreign residence at the completion of your TN visa. In cases where your intent has been questioned, you may need to include a statement of intent along with proof of your intent to return to your foreign residence once your TN visa stay is completed.
You should seek the advices from a TN Visa Lawyer for clarification and guidance on TN visa memos and resources before you apply for your TN visa. Each case is unique and your individual qualifications and circumstances must be taken into account before you attempt the TN visa application process.