1. Legal Foundation of the TN Visa and the Role of Treaty Based Classification
The TN Visa exists solely because of an international trade agreement which means its requirements are fixed by treaty language rather than discretionary employment policy.
Unlike other work visas the TN category does not rely on labor certification or numerical caps. Instead eligibility is determined by whether the position falls within a listed profession and whether the applicant meets the defined qualifications.
Immigration officers interpret treaty terms narrowly. Job titles that sound similar to listed professions may still be rejected if duties do not match the treaty description. SJKP LLP analyzes treaty language and case precedent to ensure that each application aligns with regulatory expectations.
Transition From NAFTA to USMCA and Its Practical Legal Impact
The treaty update preserved TN eligibility while reinforcing strict occupational definitions.
Why Treaty Interpretation Controls Approval Outcomes
Officer discretion is limited but misclassification remains a major risk.
2. Eligible Professions and Credential Requirements Under TN Classification
TN eligibility depends on whether the offered position fits within a specific professional category which means job duties and credentials must match exactly.
Common TN professions include engineers, accountants, scientists, architects, and certain medical and educational roles. Each category carries distinct educational or licensing requirements.
Degrees alone are not sufficient. Authorities examine transcripts, professional licenses, and the relationship between education and job duties. SJKP LLP evaluates both the position and the applicant’s background to confirm that treaty criteria are satisfied before filing.
Matching Job Duties to Treaty Listed Professions
Functional analysis is more important than job titles
Degree Equivalency and Professional Licensing Considerations
Foreign credentials must be clearly comparable to U.S. standards.
3. Canadian and Mexican Applicants and Differences in Application Procedure
TN procedures differ significantly for Canadian and Mexican citizens which means strategy must account for nationality specific requirements.
Canadian citizens may apply directly at ports of entry or pre flight inspection locations while Mexican citizens must obtain a TN visa stamp through consular processing.
Each process involves distinct documentation and risk factors. Port of entry adjudications are immediate but unforgiving. Consular processing involves longer timelines and additional scrutiny. SJKP LLP prepares applicants for the procedural path that best fits their circumstances.
Port of Entry Applications for Canadian Professionals
Preparation is critical because decisions are made on the spot.
Consular Processing Requirements for Mexican Nationals
Interview readiness and documentation consistency are essential.
4. Employer Sponsorship, Offer Letters, and Defining the Employment Relationship
A TN Visa requires a qualifying U.S. employer relationship which means the offer letter and supporting evidence must establish professional employment rather than self employment.
Independent contracting arrangements are closely scrutinized and often rejected. Officers look for control supervision and professional engagement consistent with treaty intent.
The employer must clearly describe duties duration and compensation. Ambiguous or generic letters frequently lead to denial. SJKP LLP works with employers to draft documentation that accurately reflects the role while satisfying legal requirements.
Structuring Offer Letters to Meet Treaty and Regulatory Standards
Clarity and specificity strengthen credibility.
Avoiding Self Employment and Independent Contractor Pitfalls
Proper employment structure is essential for approval.
5. Duration of Stay Renewals and Maintaining TN Status Over Time
TN status is granted for limited periods which means ongoing compliance is necessary to maintain work authorization.
Extensions may be filed from within the United States or through reentry depending on circumstances. Each renewal is treated as a new adjudication and prior approval does not guarantee future success.
Changes in job duties employer or location can affect eligibility. SJKP LLP advises clients on maintaining compliant status and planning renewals to avoid gaps in employment authorization.
Extension Strategies and Timing Considerations
Early planning reduces interruption risk.
Managing Job Changes and Employer Transitions
Material changes require careful legal evaluation.
6. Why Clients Choose SJKP LLP for TN Visa Representation
Clients choose SJKP LLP because TN Visa cases require precise treaty analysis and real time risk management which means success depends on preparation rather than assumption.
Our attorneys understand how immigration officers interpret TN criteria at ports of entry and consulates. We prepare cases with the expectation of close questioning and strict review.
We assist professionals and employers across industries by developing TN strategies that support immediate employment needs and long term immigration planning. SJKP LLP is committed to providing clear guidance responsive representation and reliable advocacy for clients seeking lawful employment in the United States under TN classification.
12 Dec, 2025

