TN Management Consultant Visas are available to Canadian or Mexican nationals who are seeking entry to the United States to engage in prearranged, professional level, business activities for U.S. or foreign employers.
In 1992, the United States, Mexico and Canada entered into the North American Free Trade Agreement (“NAFTA”) to promote trade amongst the countries. While facilitating the movement of people was not a direct objective of NAFTA, the agreement had to create a way for people to move from one country to another so that labor needs could be met. As such, the countries developed a new system to allow treaty nationals to move freely. Chapter 16 of NAFTA, Temporary Entry for Business Persons, established the immigration category of Trade National (TN) professionals.
In September 2018, Canada, Mexico, and the United States reached an agreement on a new trilateral trade agreement to replace NAFTA – the United States-Mexico-Canada Agreement (“USMCA”). On July 1, 2020, the USMCA entered into force and implemented labor mobility provisions consistent with NAFTA. As such, the TN category remained intact.
The TN Management Consultant category is generally the most heavily scrutinized TN category due to consistent abuse over the years. The Management Consultant category is one of the few TN categories that does not necessarily require a bachelor’s degree. Applicants may establish eligibility for the Visa based solely on previous experience in the field. In recent years, these flexible eligibility requirements attracted many unqualified applicants to attempt to secure the Visa despite lacking relevant post-secondary education. Therefore, prospective consultants should be confident in their eligibility before moving forward.
Below are responses to Frequently Asked Questions regarding the TN Management Consultant Visa. More information about the TN category can be found here. Should you wish to discuss your specific TN matter, please contact Silver Immigration and book a free consult.
How long can I get a TN Visa for as a Management Consultant?
- An individual may be admitted to the United States in TN status for the period of time required by the employer, up to a maximum period of three years. TN professionals can renew their Visa in increments of up to three years and there is no limit of total time spent on a TN Visa.
Where do I apply for a TN Management Consultant Visa?
- Mexican nationals must apply at a U.S. Consulate. Canadian citizens have the option of applying at a port-of-entry or applying through USCIS.
Do I have to keep a foreign residence to get a TN Management Consultant Visa?
- No, but you do have to establish that you are entering the U.S. without the intent of establishing permanent residence.
Can I work through an employment agency?
- Yes, a TN Management Consultant may work for a third-party agency.
Can my spouse work in the U.S.?
- TN spouses are eligible for TD status but cannot engage in employment unless they are independently qualified.
I am a permanent resident of Canada, can I get a TN Management Consultant Visa?
- No, only citizens of Canada may benefit from the USMCA. Permanent resident status in any USMCA country does not establish TN eligibility.
What are the particular minimum requirements for qualification for a TN Management Consultant Visa?
- Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement.