What Does a TN Visa Lawyer Do?
A TN visa lawyer evaluates whether a job offer and a candidate’s credentials match a qualifying USMCA profession, then prepares the evidence needed to prove it to a U.S. employer, a border officer, or a consular official. Legal help is most valuable before an application is filed or a border crossing is attempted, not after a denial.
Berardi Immigration Law represents both Canadian and Mexican citizens and the U.S. employers who sponsor them. Representation typically includes:
- Analyzing whether the offered position and the candidate’s degree, license, or experience satisfy a specific USMCA profession
- Drafting or revising the employer support letter so job duties are described in TN-qualifying terms
- Assembling and reviewing the full application package before it is filed or presented
- Preparing clients for the consular interview or port-of-entry inspection
TN Visa Lawyer Services
Berardi’s TN practice covers the full lifecycle of a TN case, not just the initial filing:
Service |
What It Involves |
| Profession and credential analysis | Matching the candidate’s degree, license, or experience against the specific USMCA profession requirements |
| Job-duty mapping | Reviewing the actual job description to confirm it aligns with the duties recognized under the qualifying profession |
| Employer support letter drafting | Writing or revising the letter that describes the position, salary, and duration in terms an adjudicator or officer will recognize |
| Canadian port-of-entry strategy | Preparing Canadian applicants and employers for direct filing at a Class A port of entry or pre-clearance location |
| Mexican consular processing | Preparing the DS-160, supporting documents, and interview strategy for Mexican applicants |
| USCIS change-of-status and extension filings | Filing Form I-129 for candidates already in the U.S. or employers seeking added certainty before a border filing |
| Employer changes and renewals | Filing new TN applications when a worker changes employers or positions, and handling routine three-year extensions |
| Prior refusal or denial review | Identifying what went wrong in a prior TN attempt and rebuilding the case before a second attempt |
| Dependent TD strategy | Coordinating TD status for spouses and children, including school enrollment questions |
| Interview and border preparation | Briefing clients on what an officer will ask and how to answer without inviting unnecessary scrutiny |
What Is a TN Visa?
The TN visa category was created under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA), which established a special trade and economic relationship among the U.S., Canada, and Mexico. It allows citizens of Canada and Mexico to work temporarily in the U.S. in one of a specific list of professional occupations.
TN Visa Requirements
To qualify for TN status, an applicant generally must show that:
- They are a citizen of Canada or Mexico;
- The job offer is in a profession on the USMCA professional occupation list;
- The position is a prearranged, full-time or part-time role with a U.S. employer (self-employment does not qualify); and
- They hold the specific education, license, or experience required for that profession.
Most TN occupations require the U.S. equivalent of a bachelor’s degree. A smaller number of professions accept alternative credentials, such as related work experience or a specific license, either instead of or alongside a degree. Designated TN professions include accountants, computer systems analysts, mathematicians, economists, management consultants, registered nurses, engineers, lawyers, research assistants, graphic designers, librarians, hotel managers, and others.
Canadian vs. Mexican TN Process: Key Differences
The TN category applies to both nationalities, but the process differs procedurally:
Canadian Citizens |
Mexican Citizens |
|
| Visa stamp required | No, visa-exempt | Yes, obtained at a U.S. consulate in Mexico |
| Where status is typically requested | Directly at a Class A port of entry, pre-clearance location, or by USCIS petition | At the consular interview, then admission at a port of entry |
| Typical documents | Employer support letter, evidence of credentials, proof of Canadian citizenship | Same, plus a completed DS-160 and consular interview |
| Interview format | Officer inspection at the border or pre-clearance | Formal consular interview by appointment |
| Employer involvement | Support letter; USCIS petition optional for added certainty | Support letter and DS-160 supporting documentation |
| Extension options | New border filing or USCIS extension petition | New consular application or, in some cases, USCIS extension while in the U.S. |
Because Canadian applicants can seek TN status directly at the border, timelines can move quickly, but border adjudications also carry a higher degree of individual officer discretion. Mexican applicants should build in extra time for consular appointment scheduling.
TN Visa Guidance by Profession
Some TN professions draw closer scrutiny than others because job titles in the U.S. labor market don’t always match the USMCA occupation list precisely. Attorney review is especially useful in these categories:
Engineers and software-related roles. The USMCA list recognizes traditional engineering disciplines, but many U.S. software and technology job titles don’t map cleanly onto a listed profession. Job-duty language matters as much as the degree itself.
Management consultants. This category requires the position to genuinely involve consulting-style analysis and advisory work, not a general business or operations role relabeled as “consulting.”
Scientific technicians and technologists. TN eligibility here depends on working under the direction of a qualifying scientist in specific disciplines. A mismatch between the technician’s field and the supervising scientist’s field is a common issue.
Accountants. U.S. licensure (such as a CPA) or the Mexican or Canadian equivalent is typically required; a general accounting degree without the matching credential can be a gap.
Lawyers. Applicants need a license to practice law in the relevant jurisdiction; the position offered must involve the practice of law as recognized under the category.
Healthcare professionals. Categories such as registered nurses, pharmacists, and physical or occupational therapists each carry their own licensing requirements, which must be met before a U.S. job offer can support a TN filing.
The TN Petition Process
A Canadian citizen may apply for TN status directly at a Class A port of entry, or submit a petition to USCIS by mail and enter the U.S. once it’s approved. A Mexican citizen applies for a TN visa directly at a U.S. consulate in Mexico.
At minimum, every TN filing should include:
- A detailed statement from the U.S. employer describing the position, the beneficiary’s proposed duties, the anticipated length of stay, and compensation;
- Evidence that the beneficiary meets the required education, licensure, or alternative credentials for the profession; and
- Evidence of Canadian or Mexican citizenship.
TN Visa Duration and Extensions
TN status is generally granted for an initial period of up to three years and can be extended in additional three-year increments. There is currently no limit on the number of extensions available, as long as the underlying job offer and occupation continue to meet TN requirements. Because TN is a nonimmigrant category, the purpose of the stay must remain demonstrably temporary throughout.
Dependents of TN Visa Holders
Spouses and unmarried children under 21 may accompany a TN visa holder in TD status. TD dependents may attend school in the U.S., but they are not authorized to work.
Real TN Visa Outcomes
Berardi has represented TN applicants across a range of professions and case postures, including:
- A mechanical engineer whose job duties required restructuring before the employer letter matched the qualifying occupation;
- A management consultant whose position required additional documentation to withstand officer scrutiny at the border;
- An applicant with a prior TN refusal who required a rebuilt case addressing the specific grounds for denial;
- A Mexican applicant navigating consular processing and interview preparation.
Why Work With a Berardi TN Visa Lawyer?
At Berardi Immigration Law, a TN filing starts with a strategic review, not a form. We work with you and your employer to understand the actual job duties, confirm they align with a qualifying USMCA profession, and build a petition around that alignment. For applicants who need a port-of-entry appointment, we help secure it in advance. We handle a substantial volume of TN cases each year, which keeps us current on processing trends and officer expectations at ports of entry, consulates, and USCIS.
A TN application is not a do-it-yourself project, and showing up at the border with only a job offer letter and a resume is a common and avoidable mistake. Contact Berardi Immigration Law to talk through your TN case before you file or travel.
Ruth Garbanzo, Esq., Senior Associate Attorney and a member of the New York State and Texas Bars, focuses her practice on cross-border work permits and USMCA matters, including TN work permits, with a special emphasis on physician and healthcare immigration. She has represented hospitals, healthcare organizations, and individual professionals across TN, L-1, H-1B, and green card matters, pairing hands-on TN and cross-border filing experience with the plain-English, high-communication approach she’s known for with clients.
“I am a Canadian Registered Nurse who recently obtained my Family Nurse Practitioner license, and Berardi Immigration Law made my TN visa process incredibly smooth. My lawyer, Atty Ruth Garbanzo, was absolutely outstanding. She guided me every step of the way and made the entire process fast and stress-free. It took less than a week to receive my TN approval!
What impressed me most was her dedication. Even after office hours, she continued to monitor my case and stayed in contact while my family and I were at the border. Thanks to her expertise and support, everything went perfectly.”
– Cheryl Bejona
Contact our office to schedule a consultation and get a clear assessment of your TN eligibility.
TN Visa: Frequently Asked Questions
What is a TN visa?
The TN visa is a nonimmigrant visa category created under the US-Mexico-Canada Agreement, USMCA, (the successor to NAFTA) that allows Canadian and Mexican citizens to work temporarily in the United States in one of a specific list of professional occupations, provided they meet the education and licensing requirements for that occupation.
Who is eligible for a TN visa?
Eligibility requires that the applicant be a citizen of Canada or Mexico, have a genuine offer of employment from a U.S. employer for a qualifying professional position, and hold the specific degree, credential, or licensure required for that occupation under the USMCA professional occupation list.
What occupations qualify for TN status?
The USMCA includes a defined list of qualifying professional occupations, spanning fields such as engineering, accounting, computer systems analysis, scientific research, management consulting, and certain healthcare professions, among others. Each listed occupation has its own specific minimum education or credentialing requirement that must be met in order to qualify.
Do I need a bachelor’s degree for a TN visa?
Most TN occupations require at least a bachelor’s degree or an appropriate professional license, though a small number of occupations allow equivalent experience in place of, or in combination with, formal education. The exact requirement depends on the specific occupation listed under the USMCA.
Is the TN visa application process different for Canadian and Mexican citizens?
Yes, procedurally. Canadian citizens are “visa exempt” and may generally apply for TN status directly at a U.S. port of entry or pre-clearance location without first obtaining a visa stamp at a U.S. consulate in Canada. Mexican citizens generally must first obtain a TN visa stamp at a U.S. consulate in Mexico before seeking admission in TN status.
Do I need a job offer to apply for a TN visa?
Yes. The TN category is employer-specific and requires a genuine, documented offer of professional employment from a U.S. employer before applying. The applicant cannot self-petition or apply without a specific position and employer lined up. An applicant may only work for the employer listed on the TN application.
How long does a TN visa last?
TN status is generally granted in increments of up to three years at a time, or for the duration of an assignment in the U.S.
Can a TN visa be renewed or extended?
Yes. There is no maximum limit on the number of extensions a TN visa holder can request, meaning TN status can be renewed indefinitely in three-year increments as long as the underlying job offer and occupation continue to meet TN requirements.
Does the TN visa allow dual intent?
No. The TN visa does not recognize dual intent, meaning applicants must demonstrate nonimmigrant intent at each entry or renewal. This requires an applicant to demonstrate an intent to depart the U.S. when their TN employment ends rather than pursuing permanent residence while in TN status.
Can my spouse and children accompany me on a TN visa?
Yes. Spouses and unmarried children under 21 may accompany or follow to join a TN principal visa holder in TD dependent status. However, TD dependents are not eligible for employment authorization based solely on that status.
Can I change employers while on a TN visa?
Yes, but a new TN application or petition is required for the new position. Because TN status is tied to a specific employer and occupation, a change of employer generally requires filing a new TN application (for Canadians, often at the border or via USCIS petition), rather than simply notifying the current employer.
What documents are required for a TN visa application?
Typical requirements include a detailed and signed employer support letter describing the position offered and confirming it falls within a qualifying TN occupation, evidence of the applicant’s qualifying degree, credential, or license, proof of Canadian or Mexican citizenship, and, for Mexican citizens, a completed DS-160 and consular interview. Some employers also file a Form I-129 petition with USCIS in advance, particularly for Canadian applicants seeking added certainty before traveling.
What are common reasons a TN application is denied or challenged at the border?
Common issues include failure to clearly establish that the position matches a qualifying USMCA occupation, insufficient evidence of the required degree or credential, a job offer letter that doesn’t adequately describe professional-level duties, or signs of intent to immigrate to the U.S. permanently rather than work temporarily. Because Canadian applicants can apply directly at the border, TN adjudications there can also carry a heightened level of officer discretion and scrutiny compared to consular or USCIS processing.
Can a TN visa lead to a green card?
The TN visa itself does not directly convert to permanent residence. Because the category does not permit dual intent, pursuing a green card while in TN status requires careful planning. TN holders considering a long-term path should discuss timing and strategy, including whether to transition to a category like the H-1B or L-1 first, with an experienced immigration attorney.
How far in advance should I apply for a TN visa?
Because Canadian citizens may request TN status directly at the border, timelines can be relatively fast. Employers and applicants are, however, still encouraged to prepare documentation well in advance to ensure all requirements for admission are met. Mexican citizens should build in extra time for consular appointment scheduling and processing.
