TN Visa Overview

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By: Brian D. Zuccaro

Attorney at Law
Serotte Reich & Wilson
300 Delaware Ave.
Buffalo, NY 14202
P: 716.854.7525
F: 716.854.0294

TN Visa Application Process

 

Contents of TN Employer Support Letter


The Spanish philosopher Jose Ortega y Gasset (1883 – 1955) once said: “In philosophy, clarity is courtesy.” For purposes of U.S. immigration, clarity is a necessity for applications for TN status under NAFTA.

Successful applications are those that clearly establish eligibility under one of the NAFTA TN categories and evidence the Canadian/Mexican professional’s qualification for the position. Applicants should strive to clarify and justify every statement made in the application.

With this principle in mind, an Employment Support Letter submitted in support of an application for nonimmigrant TN status must clearly and coherently establish the following key five points:

1. The Employer Support Letter must clearly state the NAFTA job category the applicant is seeking admission under.

2. The Employer Support Letter must provide a description of the professional activities involved, including a brief summary of daily job duties. The TN applicant’s prospective job duties must be consistent with the job duties generally performed by those in the particular occupation.

Inspecting officers will look to the Occupational Outlook Handbook, a manual published by the Department of Labor, for insight on the duties normally required of professionals in a particular profession. It is important for TN applicants that their prospective job duties fall within the ambit of those described for the profession in the OOH.

3. The Employer Support Letter must demonstrate that the Canadian citizen possesses the education or appropriate credentials to satisfy the professional level qualifications required under NAFTA.

4. The Employer Support Letter must provide the anticipated length of stay (may request up to three years).

5. The Employer Support Letter must state the arrangements for remuneration for the services to be rendered.