GT recently supported a client in developing a strategic approach to the company’s TN case for a new hire, ensuring compliance with U.S. immigration law while aligning with the client’s business objectives.

The TN visa is a non-immigrant visa category established under the North American Free Trade Agreement (NAFTA) and recodified under the more recent United States-Mexico-Canada Agreement (USMCA). This TN category allows qualified Canadian and Mexican professionals to work temporarily in the United States in specific occupations.

TN positions have their own set of educational and experience requirements that must be satisfied. Since the enactment of NAFTA in 1994, the TN eligibility categories largely have remained unchanged, and thus may not reflect the evolving demands of real-world positions.

Our client extended an offer for an engineering role to a candidate, but the candidate lacked the required bachelor’s degree for the TN “Engineer” category. GT assessed the possibility of qualifying the proposed position under another TN occupation that does not require a bachelor’s degree but necessitates theoretical knowledge in the relevant discipline.

The GT team proposed that the company offer the candidate a specialist support role that aligned with the requirements of the “Scientific Technician” category, for which the candidate had the necessary credentials. The client agreed to this approach and brought the candidate on as a TN employee – a decision that meets the needs of both the client and the employee and ensures compliance with U.S. immigration law.

*Past results are not guaranteed.