US Immigration News

How to Avoid Denial of Your TN Visa Application

3.5 minute read
"A TN Visa is for the citizens of Canada and Mexico who wish to come to the US for employment under the North American Free Trade Agreement (NAFTA). It is not uncommon for TN Visas to get denied. It is important to understand the eligibility requirements of a TN Visa to avoid getting denied."
Written by My Visa Source Team
Published on:  Aug 11, 2021
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A TN Visa is for the citizens of Canada and Mexico who wish to come to the US for employment under the North American Free Trade Agreement (NAFTA). It is not uncommon for TN Visas to get denied. It is important to understand the eligibility requirements of a TN Visa to avoid getting denied. 

What Are the Requirements for a TN Visa?

To be eligible for a TN Visa, you must meet the following requirements:

  • Be a citizen of Canada or Mexico

  • Work in a profession approved by NAFTA 

  • Be employed in an approved position under NAFTA

  • Be employed full-time or part-time job by a US employer

  • Have the required qualifications for the position

  • Meet the required qualification requirements or have alternative credentials required by the NAFTA

  • Have former work experience in the same occupation

  • Have a strong connection to your home country

What Is the Application Process for Canadian Citizens?

Canadian citizens can apply for a TN Visa at the US port of entry by providing the following documents:

  • Request for admission to Department of Homeland Security Customs and Border Protection under TN status
  • Employment Letter – Evidence of professional employment
  • Proof of professional qualifications, for example, transcripts of grades, licenses, certificates, degrees, and/or records of previous employment
  • Proof of ability to meet the license requirements, if required 
  • Proof of Canadian citizenship such as a Canadian passport, as visas are not required, or they may have a birth certificate. 

However, Canadian citizens from outside the Western Hemisphere are required to present a valid passport at the port of entry. 

What Is the Application Process of Mexican Citizens?

Mexican citizens are required to apply for a TN Visa at their nearest US consulate. They will be required to attend an interview appointment. They must provide the following documents at their initial interview:

  • Completed Form DS-160, Nonimmigrant Visa Application
  • A valid passport with a validity of at least 6 months that will last beyond your intended stay in the US
  • 1 photograph according to the required standard. It will not be required if applying in Mexico
  • A letter of employment from a US-based employer which includes the position that will be occupied by the applicant consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.
  • The letter should also include details of business activities, activities that are required of the applicant, the purpose of entry, educational credentials according to the professional requirements, evidence of compliance with DHS regulations, arrangement of pay and proof of license if required
  • Demonstrate intention for temporary employment
  • Evidence of employment in a pre-arranged activity for the concerned employer under the NAFTA program
  • Evidence of qualification
  • Length of stay

What Professions Are Authorized Under the TN Visa?

Most of the occupations under NAFTA require a Baccalaureate or Licenciatura Degree. The following professions are authorized for a TN Visa: 

  • Accountants

  • Architects

  • Computer Systems Analysts

  • Dentists

  • Economists 

  • Engineers 

  • Graphic Designers

  • Hotel Managers

  • Industrial Designers

  • Interior Designers

  • Lawyers

  • Mathematicians

  • Medical Laboratory Technologists

  • Nurses

  • Research Assistants

  • Occupational Therapists

  • Pharmacists

  • Physicians

  • Psychologists

  • Social Workers

  • Teachers and more

What Are the Reasons for Denial of a TN Visa and How They Can Be Avoided?

Recently, many TN Visas have been denied if the applicant was applying for a position such as a manager, consultant, economist or technical writer. You have to understand the reason for denial of your application to avoid it. You must not argue with an immigration official about a denied application. You must simply accept the decision and reapply at a later time.

Mostly an application is denied for insufficient connection between the applicant’s qualifications and the occupation they are hired in. If your qualifications or past work experience does not match your current job description, then your visa may get denied.

For management consultant positions, the denial rate is higher because the applicant is required to demonstrate the need for the job with the documentation. For example, a management consultant position will be open if the employer is suffering through a financial crisis, etc. The employer must submit a detailed explanation letter for the need to hire a management consultant. The employment period must be between 6 months and 1 year. They may file an extension if required.

However, if for such reasons, your application is denied, it is best to reapply after improving youth employment. Misrepresenting facts is unacceptable and may get you barred from the US for 5 years. If you are unable to meet the eligibility requirements for a TN Visa, then you must not reapply. You can look for other visa options to travel to the US.

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