FAQs about TN Requirements
Can the foreign worker use the TN to work for multiple companies?
No. The foreign worker must obtain a TN visa for each U.S. company or individual that employs him or her.
Does the foreign worker have to have been employed full-time in the United States?
No. The foreign worker can be hired to work full-time or part-time.
What is a ‘professional’?
In order to be considered a ‘professional’ the foreign worker must possess the qualifications to practice the profession as evidenced by a college degree, license, membership or other relevant credential that establishes professional status as required by the North American Free Trade Agreement.
Does the position offered to the foreign worker have to be ‘professional’?
Yes. If the foreign worker is not employed in as a ‘professional’ pursuant to the North American Free Trade Agreement (NAFTA), s/he will not qualify for TN status.
Who can hire a foreign worker pursuant to TN status?
The U.S. employer can be a company or an individual.
Does the foreign worker have to work in the United States?
Yes. The employer must be engaging the foreign worker to work in the United States.
Does the foreign worker have to be a Canadian or Mexican citizen?
Yes. The North American Free Trade Agreement (NAFTA) only applies to Canada, the United States and Mexico.
Does the U.S. employer have to demonstrate an employer/employee relationship with the foreign worker?
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.