Training, School & Part-Time Work Under TN Visa
In certain scenarios, individuals may obtain TN visa status to provide training, and may also attend school or work part-time while under TN status.
TN visa workers may perform training functions, including conducting seminars, relating to any of the occupations listed under the NAFTA regulations. 8 C.F.R. § 214.6 (c) n.1; NAFTA Handbook, pg. 135 (Nov. 1999).
Any training must be conducted in the manner of prearranged activities performed for an U.S. entity and the subject matter presented must be at a professional level. The training function does not allow for the entry of a TN Professional to conduct seminars that do not constitute the performance of prearranged activities for an U.S. entity. NAFTA Handbook, pg. 135 (Nov. 1999).
A TN visa worker may attend school provided it is incidental to his/her employment in the U.S.: “If a Canadian or Mexican national has been already admitted to the United States in a work-related nonimmigrant classification pursuant to NAFTA, it is permissible for them to attend school incidental to their NAFTA-based classification.” 67 FR 54941, 54944 (Aug. 27, 2002). See also Bednarz Letter (Jan. 5, 1995) (school must not be the primary purpose for remaining in the U.S.).
TN visa workers may work on a part-time basis. 9 FAM § 41.59 N10. However, individuals should be aware that U.S. immigration officials may examine any potential basis for denial of a TN visa for part-time employment under the public charge ground of inadmissibility. See, e.g. 9 FAM § 41.51 N16.14.
Revised Oct. 29, 2013