Does the TN visa allow technology transfer or R&D?

The TN visa was created to facilitate the temporary entry of qualified professionals into the United States in certain occupations covered by NAFTA/USMCA. Therefore, it allows professionals to perform specific functions within their field of expertise, which may include activities related to Research and Development (R&D) and, in some cases, even aspects of technology transfer – provided that these activities are in accordance with the job description and are an integral part of the responsibilities approved for the visa.

In the context of R&D activities, it is common that many positions listed under the TN visa professions involve conducting research, product development, and technological innovation. If the position for which the professional is being hired includes R&D activities, these may be allowed as long as they arise naturally from the job functions and the job offer is described clearly and consistent with the requirements of the agreement.

Regarding technology transfer, it is important to differentiate between sharing knowledge or professional practices – which may fit within normal R&D activities or technical consulting – and technology transfer itself, which can involve more complex issues related to economic security and intellectual property.

For these activities to be compatible with the TN visa, it is essential that they are qualified as part of the normal duties of the designated position and that the job offer and function are properly aligned with the TN agreement requirements. In any situation, it is crucial to follow all the principles and rules of United States immigration law. Seeking guidance from specialists can help ensure that the intended activities comply with regulations and thus avoid misunderstandings or interpretations that could complicate the process.

Always be cautious with offers promising easy results or that are not aligned with legal requirements, as compliance with the law is the safest path to a successful journey.

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.