Government Memos for TN Visas
The following documents are U.S. immigration issued memos and correspondence discussing various aspects of the TN visa (or its predecessor the TC visa) classification. Please be aware that some information in these documents may no longer be up-to-date due to changes in the law or policy.
2020s
N/A
2010s
DOS: Frequently Asked Questions on Social Media Identifiers in the DS-160 and DS-260 (2019)
CBP Memo: Confirming 3-year TN Admission Period (11-01-2013).
DOS Memo: TD Visas for Same-Sex Spouses of TN Visa Workers (08-2013).
CBP Memo: Automatic Revalidation of Visas (5-2012)- Discusses process of re-admission to U.S. despite expired visa stamp (e.g. Mexican citizens with expired TN visa stamp, but with valid I-94 record).
CBP Memo: TN Visa Processing - Canadians (12-23-11) - General information on TN visa application processing for Canadian citizens.
CBP Memo: TN Visas for Computer Systems Analysts (05-14-2010) - Guidance to officers on processing TN visa applications under the Computer Systems Analyst occupation.
2000s
Morris Letter: TNs & Immigrant Intent (03-21-08) – Discusses effects of pending green card application on TN visa status.
USCIS Employment Bulletin: NAFTA (2005) – overview of TN visa classification.
Aytes Memo: Nonimmigrant Status (10-05-2005) - Citing with approval legacy INS letter by T. Simmons stating that non-immigrant status ends as soon as the nonimmigrant stops providing services regardless of any arrangements for severance pay.
Hrinyak Memo: Licensure (10-26-04) - Licenses are not a mandatory documentary requirement for TN visa applications.
Yates Memo: Rule Changes for Mexican TNs (01-08-04) - Guidance on elimination of numerical limit placed on Mexican citizens seeking TN status; of Labor Condition Application; and of I-129 petition requirements.
DOS Memo: TN Visas for Mexican Citizens (01-04) - Revision of NAFTA Procedures for Mexican Citizens.
Williams Memo: Sci/Tech Guidance (11-07-02) - Outlines five criteria for Sci/Tech TN visa applications.
Pearson Memo: New Rules on TN Denials (05-25-01) - 1996 law eliminates opportunity for denied TN applicants to have hearing before judge. Options limited to withdrawal or expedited removal.
Cronin Memo: Engineers & Degrees (07-24-00) - Explains that the Engineer TN category includes all specialties of engineers, including Software Engineers. Also states that only Hotel Manager requires specific degree; otherwise degree should be in the field or a closely related field.
Coleman Memo: Denial of TN Application (07-14-00) - Discusses procedures inspectors should take during denial of application for TN visa status.
1990s
Bach Memo: NAFTA Processing (10-20-99) – Updates to the Inspector’s Field Manual.
LaFleur Letter: TNs & Green Cards (03-7-96) – Green card application based on employment by itself may not be sufficient grounds to deny admission under TN visa status.
LaFleur Letter: TN for Canadian Company Owner (02-05-96) - Individual may obtain a TN based on contract for services between individual owner of Canadian company and U.S. company.
LaFleur Letter: Dependent Visa Status (12-21-95) - A dependent’s visa status is not specific to an employer.
LaFleur Letter: No B-1 In Lieu of TN (12-21-95) - Business visitor may only engage in activities that are international in scope, and may not enter the local labor market.
Bednarz Letter: Software Engineers (05-15-95) - Individuals engaged in Software Engineering at a professional level may qualify for TN under Engineer category.
Bednarz Letter: TN for Physicians (03-15-95) – Physicians may not engage in clinical, or direct, patient care under TN visa status.
Bednarz Letter: Mergers/Acquisitions & Amended Petitions (09-10-93) – No filing required for TC visa workers (the predecessor to TN visas) transferred in company acquisition.
INS Memo: Self-employment (08-23-93) – Individuals cannot obtain TC visa status (the predecessor to TN visas) where they will be self-employed in U.S. Reserves opinion on Canadian employers obtaining TC status to service multiple clients in U.S.
Puleo Memo: Changes, Extensions & Adjustment (11-06-90) – Discussing changes and extensions of TC status (the predecessor to TN visas); and stating that law does not prohibit TC visa holders from filing for adjustment of status.
McKinley Memo: Degrees (01-11-90) – Individuals with 3-year Canadian degrees may qualify for TC status (the predecessor to TN visas).
1980s
Puleo Memo: Nurses, Management Consultants, Degrees, Change of Status & Family (10-04-89) – Discussing licensing issues for Nurses; Changing from L-1/H-1B visa status to a Management Consultant; and the inappropriateness of combining education and experience to meet the bachelor degree requirement.
Revised April 29, 2023.