TN Visa for "Microsoft Trainer"?

Question: I am a Canadian citizen. A company in the U.S. has agreed to hire me as a Microsoft Trainer. The job requires a Bachelor of Science degree and Microsoft Certifications. The job category is not exactly a teacher or systems analyst. Any possibility to apply for a TN visa? Does it make a difference if I have ties to Canada?

Answer: You may have a fit for a TN to perform training functions. The TN regulations provide that: “A business person seeking temporary employment under this Appendix may also perform training functions relating to the profession, including conducting seminars.” My first instinct is to look at the Computer Systems Analyst TN visa category. The training should be in the computer systems analyst field and you will need to prove that you qualify for a TN under this category. See Computer Systems Analyst TN visa requirements.

Generally, an applicant for a TN does not need to provide proof of ties to a residence abroad. The regulations prohibit immigrant intent, that is, you cannot intend to remain permanently in the U.S. after you enter the country under TN status. Usually, language in the employer support letter that the position offered is temporary and for a period of only one year is sufficient to meet this requirement.