Everything employers need to know about the TN visa
TN Visa Approval for Tennessee Administrative Office of the Courts
The granting of a TN nonimmigrant status to a professional working for the Tennessee Administrative Office of the Courts (AOC) highlights a key application of the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. The TN classification permits citizens of Canada and Mexico to work temporarily in the U.S. in specific, designated professional occupations, similar to those on H4 currently seeking changes in status. However, it’s important to consider one’s current h4 status if transitioning to another visa.
Qualifying for a State Judicial Role
While the AOC is a state government entity, the TN visa program is available for both private and public sector jobs. This applies provided the role fits one of the 63 pre-approved professions. For the AOC, a common qualifying category might include:
- Lawyer: For attorneys, legal counsel, or judicial support staff, this category requires an LL.B., J.D., or B.C.L. degree.
- Computer Systems Analyst: For IT or technology roles supporting court systems.
- Management Consultant: For high-level administrative or organizational roles involving strategic advice.
- Technical Publications Writer: For roles drafting rules, manuals, or official court documents.
The core requirement is that the position itself must necessitate a degree in a USMCA-listed profession, and the applicant must possess the requisite educational credentials, unlike those in H4 status seeking a change.
The Significance of Public Sector TNs
This case demonstrates that state and local government agencies are valid TN employers, just like private businesses or universities. For the AOC, the use of a TN visa likely facilitated the rapid hiring of a professional with specialized expertise. This often includes technical or legal skills that may have been difficult to source domestically. The TN status is initially granted for up to three years and can be renewed indefinitely. It offers a flexible, non-immigrant path that is generally simpler and faster than the H-1B visa. The approval underscores the viability of the TN category for critical infrastructure roles within the U.S. public sector and provides an alternative for those returning from H4 visa conditions, navigating changes in their h4 status adeptly.
TN for Management Consultant granted for person who was about to go out of H4 status due to husband divorcing her. Therefore, navigating one’s h4 status is crucial when considering such transitions.
