In order for a Canadian or Mexican national to qualify for the TN visa to work as a lawyer in the United States, they must possess a J.D., LL.B., LL.L, BCL, or five-year Licenciatura degree in the field, or show membership in a state or provincial bar. Although a U.S. state license is required to practice law in a U.S. state, the applicant can qualify for the TN visa even if they do not have the U.S. state license at the time of application.
This is because a new rule was published in October 13, 2004 that removed the requirement that a TN professional present a United States license at the time of application for admission to the U.S. An October 26, 2004 policy memorandum by the Customs and Border Protections (CBP) clarified this change as follows:
“All TN nonimmigrants are subject to any individual state’s licensure requirements, but such state license is not a mandatory documentary requirement for entry. State or federal law will continue to require the alien’s employer to ensure that the alien has the proper license before the alien commences employment.”
Given the policy above, it is clear that possession of a U.S. license is not a consideration when evaluating eligibility for a TN visa. In other words, an individual may qualify for the TN visa for a licensed profession, such as a lawyer, without having the U.S. license for the state in which the applicant intends to work.
Please see the following related posts to find out more about the TN visa.
