The employer in the U.S. must provide a Letter of Employment in the United States to the applicant. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1. Part-time employment is permitted, but self-employment is not.
Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.
Extensions of Stay
Canadian citizens can renew an existing TN at any U.S. port of entry or through the Nebraska Service Center on Form I-129 with the prescribed fee. The Canadian citizen seeking re-admission at the border in TN status must present a new letter from the employer together with the supporting evidence of professional credentials and Canadian citizenship.
Some have found that CBP inspections officers (and USCIS examiners) may deny admission to a TN applicant seeking re-entry in TN status extension if that applicant cannot adequately demonstrate a “reasonable, finite end” to the proposed work assignment. A Canadian citizen who cannot demonstrate that they are admissible may be able to ask for a hearing before an IJ or withdraw their application for admission. If they decline a hearing and are inadmissible under INA ¤212(a)(6)(C) or (7)(A), the officer may initiate expedited removal procedures.
Let us help you navigate this complex visa application process. Call (513) 880-9969 or submit an online message to get in touch with our highly experienced legal team in Cincinnati.