• Skip to main content
  • Skip to footer

Immigration Law of Montana

Christopher J. Flann, Attorney

406-373-9828
  • Make an Appointment
  • Client Log In
  • Home

Immigration Law of Montana

  • About
    • Christopher Flann, Attorney
    • Collette Layton, Legal Assistant
    • Rockwell “Rock” Hinkle, Legal Assistant
    • ILM Scholarships
    • Reviews and Testimonials
  • US Citizenship
    • Citizenship through Adoption
    • Citizenship through Naturalization
    • Citizenship through Military
    • Derivative US Citizenship
  • Green Cards
    • Adjustment of Status
    • Asylee Green Card
    • Conditional Green Card Renewal
    • Employment Based Green Card
    • Consular Processing
    • Family Based Green Card
    • Green Card for Religious Worker
    • Green Card through Marriage
    • Green Card through Refugee or Asylee Status
    • Parole in Place Green Card
    • Green Card Renewal
    • Humanitarian Green Card
    • Refugee Green Card
    • Sheepherder Green Card
    • Marrying an Illegal Immigrant
    • For American Indians Born in Canada
    • Special Immigrant Visa
  • Immigration Guides
    • Immigration for Employers
    • Immigration for Investors
    • Immigration for Farmers and Ranchers
    • Immigration for Religious Organizations
  • US Visas
    • E-1 Visa Treaty Trader Montana North Dakota Wyoming
    • E-2 Visa Treaty Investor Montana Wyoming North Dakota
    • E-3 Visa Montana North Dakota Wyoming
    • H-1B Visa Montana North Dakota Wyoming
    • H-2A Visa Montana North Dakota Wyoming
    • H-2B Visa Montana North Dakota Wyoming
    • H-3 Visa Montana North Dakota Wyoming
    • K-1 Fiancé Visa Montana North Dakota Wyoming
    • K-3 Spouse Visa Montana North Dakota Wyoming
    • O-1 Visa for Artists, Scientists, Educators, Businesspeople and Athletes
    • P-3 Visa Montana North Dakota Wyoming
    • R-1 Visa Montana North Dakota Wyoming
    • TN Visa Montana North Dakota Wyoming
    • U Visa Montana North Dakota Wyoming
    • Change of Status: Montana, North Dakota, Wyoming
    • Visa Extension Extension of Stay
    • Process for US Visa Application Through Admission and Stay
    • Entry into United States
    • I-94 Admission Record
    • Volunteer Visa USA
    • Humanitarian Parole
    • Leaving the United States
  • Immigration Services
    • RFE USCIS What it Means and How to Fix
    • Apostille Services
    • Document Translation Services
    • Illegal Immigrant Arrested in Montana
    • Why A Strategy Consultation
  • Service Area
    • Immigration Lawyer North Dakota
    • Immigration Lawyer Wyoming
  • Contact
You are here: Home / US Visa Types: A Guide / TN Visa Montana North Dakota Wyoming

TN Visa Montana North Dakota Wyoming

Are an employer in Montana, North Dakota or Wyoming or you are a prospective employee with a TN visa question? If so, you can read more about it here. If you know you need help, please contact us.

TN Visa History

The North American Free Trade Agreement that came into effect on January 1, 1989 made the TN possible. NAFTA changed the B-1 visa, L-1 intracompany transferees, E traders and investors, and created the professional TN visa (trade NAFTA). Accordingly, this article is an overview of the TN visa requirements.

TN Visa Montana North Dakota Wyoming

TN Visa Professional Employment

With its focus on professional employment, the TN visa is often compared to the H-1B visa. This is no accident. The 63 categories of professionals authorized in the NAFTA legislation was actually a list of professions recognized by the USCIS for the H-1B in 1989 at the time of the NAFTA legislation. USCIS has expanded the list of professions for which it permits H-1B status. Unfortunately, the list of NAFTA professions for the TN visa has not changed.

Occupational Categories for TN Status

Occupations authorized for TN status include computer systems analysts, scientists, architects, engineers, economists, lawyers, and librarians. TN visa applications in these categories are rarely controversial. If you have a degree in any of these fields, have a license if appropriate, and have a job offer from a US employer, application at the border will usually get you  TN status. Unlike the H-1B visa, you may not show that you have the equivalent of the bachelors degree to meet the bachelors degree requirement.

No Self-Employment

Also, like the H-1B visa, the TN requires an employer and does not allow self-employment. In my 20 years of practicing as an immigration attorney, I have heard stories of Canadians purchasing an entity in the United States, and using the entity to create the required employment documents. If Customs and Border Protection (CBP discovers this ruse, it is likely that CBP will give the TN applicant an expedited removal order. From an immigration perspective, the applicant’s use of a US entity that the Canadian or Mexican controls is no different than straight self-employment.

Difficult TN Visas

In contrast to the uncontroversial TN categories discussed above, three categories are controversial: management consultants, computer system analysts and scientific technician/technologists. As there is some debate over exactly who qualifies to fill these categories, CBP often sees applications that are a clumsy and inelegant attempt to shoehorn someone into one of them. CBP denies these applications. After CBP denies the applicant, it is often difficult for the applicant to receive CBP approval. Obviously, it is easier to do it right the first time. We have succeeded in petitioning CBP for these difficult TN visa positions.

Renew Your TN Visa

Once you have the TN, its period of validity will usually have matched the period requested by the employer. If the employment continues for more than the initial period, the holder can renew the TN visa. Sometimes it is easy to go to the border again with a new letter from your employer. If a visit to the border is not an option, the you may renew your TN visa status by filing an application to extend your status with the USCIS.

How We Can Help

We can help with the preparation of the necessary employer offer letter. If you need advice about TN visa status, we can help with that too. Lastly, if you know your TN is in one of the three difficult categories discussed above, we can offer a consultation to evaluate your chance of success, and prepare the application as well. Please contact us.

Footer

Our Location

We are located about 20 minutes NE of Billings in a rural community:

Immigration Law of Montana, P.C.
8400 Clark Rd
Shepherd, MT 59079
406-373-9828

Affiliations

Montana State Bar

Confirm Aila Membership

Social

  • Facebook
  • LinkedIn
  • Tumblr
  • Twitter
  • YouTube
  • Immigration Lawyer Montana
  • Privacy Policy
  • Disclaimer
  • Terms of Service
  • Site Map
  • Contact Us

COPYRIGHT © 2025 Immigration Law of Montana · All Rights Reserved