Can the consulate refuse my TN and offer a B-1 instead?

The TN visa is intended for citizens of Canada and Mexico who qualify to practice certain professions under the USMCA agreement (formerly NAFTA). It has very specific requirements related to occupation and job offer, and therefore must be applied for with all the documentation proving that you meet these criteria.

On the other hand, the B-1 visa is for business visitors engaged in activities such as meetings, attending conventions, negotiations, and other activities that do not involve paid work in the United States.

Under normal circumstances, if you have applied for a TN visa and presented the appropriate documentation for this category, the consular officer will review your case specifically for the TN visa and should not ”convert” your application to another visa type, such as the B-1.

However, if during the review process the officer identifies that your case does not fit the TN visa criteria – for example, if the activity you intend to perform is more compatible with the activities allowed for a business visitor – they may approve a B-1 visa instead of the TN. This decision, however, is quite rare and occurs only when it becomes clear that your objectives are more aligned with the business activities permitted under the B-1 visa.

It is important to remember that each case is evaluated on its own merits and that United States immigration rules must be strictly followed. It is always recommended to seek information directly from the official website of the Department of State or the U.S. Citizenship and Immigration Services, as well as to rely on guidance from trustworthy sources, avoiding promises of guaranteed results from marketing campaigns or unverified consultancy services.

Following immigration laws and consulting specialized sources or trusted professionals (without expecting them to guarantee specific outcomes) is essential to ensure a safe and legal process. This way, you will be able to make the most appropriate choice for your profile and needs, respecting the regulations of the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.