Can the TN be issued to third-party service providers?

The TN visa was created to facilitate the temporary entry of qualified professionals from countries such as Mexico and Canada in areas listed under the trade agreement (NAFTA/USMCA). It is intended for workers who perform their duties as an integral part of a team employed by a U.S. employer, which implies a direct employment relationship.

When it comes to third-party service providers, the situation can be more complex. In general, the TN visa was designed for professionals who are hired by a company or entity in the United States that clearly indicates the need for the position according to the approved categories. If you are working as a third-party provider, that is, if your relationship with the U.S. company is through an intermediary structure or an outsourcing agency, this may raise questions about whether the employment relationship meets the criteria required by the TN visa. Acting under an outsourcing arrangement can, in some cases, make it difficult to prove that you are performing an exclusive activity subordinate to a sponsoring company in the U.S.

It is important to remember that U.S. immigration authorities carefully analyze whether the employment relationship shows a hierarchical structure, with control and supervision by the direct employer. Therefore, for third-party service providers, it is essential that the documentation and contract clearly evidence that the service provided falls within the functions designated for TN professionals and that there is a legitimate employment connection with the contracting company in the U.S. In some cases, third-party service providers may face difficulties demonstrating this relationship, which can result in visa denials.

Given the complexity and nuances of the subject, it is essential to strictly follow United States immigration laws. It is recommended to seek guidance from reliable sources and, if possible, consult specialized professionals-always being cautious of overly optimistic promises or approaches that seem like shortcuts to success in the immigration process. Being aware and acting in compliance with the rules is the best way to avoid complications and ensure that all requirements are properly met.

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.