TN Visa Deep Dive: Advanced Strategies for Canadian Professionals

Video originally streamed September 24, 2026. 

Transcript:

Hi, everyone. Thank you for joining. My name is Ruth Garbanzo, and today we are gonna be talking about the TN visa and some strategies for Canadian professionals. Um, we’re not just gonna talk about the basics; we’re gonna go into, um, the TN visa a little more. Um, as you may know, this is available under the United States-Mexico-Canada Agreement, or the USMCA.

But there are some differences between a standard approval and a more challenging case, and we’re gonna go a little bit more into what that might look like. So we’ll be discussing some considerations, co- some common issues and problem areas, and some practical filing strategies and tips, as well as recent trends that we’re seeing right now at the border.

So to start off, I am gonna do a quick refresher as to what the TN is. This is a visa available for Canadian and Mexican nationals who will work in one of the 63 qualifying professions listed under the USMCA. Some examples include an engineer, an accountant, or a registered nurse.

What’s nice about this category is that there is no annual cap, there’s no lottery, there’s no prevailing wage requirement. And the benefit also, you can have a quick, quick, fast adjudication, especially for Canadians. You’re able to obtain this work authorization right at a US land port entry or preclearance airport.

Some of those airports are in Toronto, Edmonton, Calgary. So this is just a great avenue for many. Typically, the TN is issued in 3-year increments, with the possibility of obtaining unlimited renewals as long as the applicant maintains their non-immigrant intent. So what does that non-immigrant intent really mean?

CBP wants to see that you are continuously having ties to your home country. And some ways that we show this, for those that are repeat TN holders, is having evidence of property or assets, banking, bills. All of those forms of evidence can be helpful to show that you still have ties to Canada, for example.

And I will say that while you can apply at the land port of entry, you can also file with USCIS. Obviously, not as quick of a route, but another option. So let’s get more into some of the nuances.

What is the adjudication standard that CBP officers have when looking at a TN application? There is a few. I would say, first, they want to see that the profession that you’re applying for is listed under the USMCA. They want to see that the applicant possesses the required credentials and that they align with what’s listed under the USMCA.

Also, that the duties align with that profession. And of course, that the individual has this non-immigrant intent or can show that in some way. I will say that there are issues sometimes when people may have a pathway— when they’re looking for a pathway to obtaining long-term residency here in the States.

So again, it’s important to have evidence that you still have continuous ties to your home country. Other considerations that CBP might look more closely into this intent or temporary nature is the number of prior TN renewals you’ve had.

You know, obviously, again, whether you’ve been maintaining strong ties to Canada, whether you have an immigrant petition filed or one has ever been filed for you. Another interesting aspect to consider with the TN is if you hold some form of a managerial role. This can have a little bit more heightened scrutiny, because if your duties are focused primarily on management, budgeting, oversight, CBP might not think that you’re doing the day-to-day activities that that occupation really is meant for.

So these are just some considerations and some factors that CBP are really looking into when reviewing and assessing your application. Okay, so next I kind of wanted to go into some of the more problematic, or maybe I should say more misunderstood, TN categories, one being the management consultant. This is an area that I will say definitely is misunderstood, and I can tell that by the consultations I have with potential clients.

I feel like whenever CBP might get one of these applications to review, they’re like, “All right. Here we go.” Because I think that, you know, many people who attempt to apply for a management consultant, this is like the only category that they can make work when there’s no other designation that quite fits what they’re doing. And that’s truly not the way to go about it.

A true management consultant is somebody that is being sponsored either by a consulting firm or a company directly to provide professional services in the form of providing advice, ana- analysis, and recommendations to improve aspects of the company or the consulting firm’s client’s company. These individuals should not, in any capacity, be managing other employees, nor should they be implementing the recommendations or advice that they are giving.

This is usually what creates the problem in these applications, is when the individual becomes embedded within the company and is performing operational duties. That, that’s not what this category is meant to do, and these are really sticking points that the CBP officer is gonna be looking into. So really, in a nutshell, what a management consultant should be doing is evaluating inefficiencies and providing recommendations how to fix those things.

And what they shouldn’t be doing is supervising employees and providing, and performing operational duties. So these are heavily scrutinized, and because of that, it is really important to make sure that an applicant prepares the application well, but also speaks to it well as well, in terms of language that they’re using when they’re describing their role to CBP during the face-to-face interview.

Another misunderstood category, or 2 categories, is engineer and computer systems analyst. Sometimes with these tech- technological-related cases, there can be a bit of confusion as to what is the best thing or best category an applicant should be filing under. So I think the main thing in this situation is really just looking more closely at the duties and ensuring whether or not they truly resemble a software engineer or a computer system analyst.

And you can refer to the OOH or the O*NET. These are guide posts that CBP refers to, and as well as attorneys. And, you know, making sure that these duties align, they, they fit best, and also ensuring that the degree that you have aligns well with that occupation that you’re seeking. CBP tends to like to have perfectly matched degrees align with that occupation.

However, if it doesn’t, that’s okay too. Just expect that there will be more scrutiny there. So the applicant needs to be prepared to show within their letter of support how their coursework aligns with the occupation that they’re filing for and how that degree works well. So that is an, an important aspect to think of.

Another category I wanted to talk about was the scientific technician/technologist. I do feel like this category is pretty misunderstood as well. I recently heard of a potential client trying to make this work when no other category could work, but I, I didn’t think that their case really fit in, in this designation. So really what this is, is the role should be supporting a q- qualified individual.

So, like, if you’re working in engineering, uh, for example, I have a client who sponsors scientific technicians to work at a mining project in the US. This client specializes in providing specialized high voltage, voltage solutions like equipment testing, uh, preventive maintenance, and emergency diagnostics. All of these applicants have diplomas as electrical engineering technicians, and they work under the supervision and direction of a licensed engineer.

I think that’s key. So while it doesn’t have to be engineering, other disciplines can be chemistry, biology, physics, geology. You know, I think that the main thing that you need to show is that the applicant has this specialized knowledge and is working in support of a supervising professional, l- just like the example I gave. So it’s important to show that relationship and ensuring that the documentation is there.

So in the example that I gave, for the supervising engineer, we provided their degree, we provided their transcripts, we provided their license. You wanna make sure that it’s very clear in the documentation that they’re checking all the boxes and meeting the requirements for this category. So, I wanted to also discuss some border strategies.

Many of my clients typically apply right at the border. Of course, this is the most convenient and quickest way to go about it. But it is important that y- you’re preparing a strong application on the out, on the outset, because there’s not really room to make corrections there. So you want a detailed support letter ensuring that the beneficiary’s credentials are there, whether it’s their education, resume, experience letters, licensure, if applicable.

And also for their credentials, ensuring that they’re bringing their original documents when they can. I’ve had clients bring their diplomas in their, in the frame. While that’s not ideal or practical, they do it. So, CBP likes to see original documentation. Ensuring that the letter of support has work site location, confirming salary, detailed duties, all of that is very important.

And some considerations to make when deciding between a land port of entry or a pre-clearance airport: just know that for some of the land ports of entries, such as Buffalo, you have to schedule an appointment in advance, and right now, those appointments are taking about 5 weeks.

You know, one thing that I like about going this route is that CBP recommends having the application shared electronically in advance of the appointment. I feel like this has cut down time of the in-person interview because they have time to review the application, see whether or not, you know, have their initial assessment before potentially asking questions to the applicant. But most of the time, I will say that since this, you know, new implementation occurred last summer, most of my clients are asked little to no questions.

So, that, that has been great. Sometimes 5 weeks is too long, and our clients want a quicker turnaround, so they’re— another option they have is applying at a pre-clearance airport or at a land port of entry that does not require an appointment. And if you do that, it’s recommended to go Monday through Friday during standard business hours.

But if you’re going to the airport, know that you have to have a flight out to the US that same day to be processed. You’re going, you’re checking in, you’re going through security, and once you get to CBP, you’re informing them, “I’d like to apply for my TN visa.” With that in mind, I tell clients, you know, uh, get there s- a few hours prior to normal check-in to make sure you have enough time to process your application. The worst thing is you sitting there for a long time because there’s no appointments, it’s first come, first serve, and you potentially could miss your flight.

So giving your time, giving yourself enough time is, is really key when doing it that way. Really the main thing, whether you’re applying at a land port of entry or at a pre-clearance airport, is having a clear, concise application, leaving no gaps, and ensuring that you’re not leaving, ensuring that you’re leaving the officer with no doubt that you qualify for the designation you’re applying for. So some red flags to think about when determining which route is best, land port of entry or filing with USCIS:

Have you had multiple renewals before? Have you had immigrant intent? Have you had denials? How have your interactions been at the border? Have you had issues there? Another thing that I think is important to think about is how you present yourself in front of CBP.

Do you get really nervous or anxious? If you do, perhaps you don’t wanna do the face-to-face interview. Perhaps you’d prefer to mail out the application, have a USCIS officer review it and take that route. It just depends. Every case is different, and kind of going through what your history looks like, what your case looks like, and how comfortable you feel in actually having a face-to-face interview will factor in the best route for you.

Okay, and another consideration when you’re filing with USCIS: unlike at the border, you know, you get a decision on the spot, your status begins immediately as soon as you cross over. When you’re filing with USCIS, it takes time. There are more f- hefty fees to consider as well. Right now, standard processing times for the TN are four and a half months.

If you expedite, typically takes 15 business days to receive a straight adjud- adjudication or for an RFE to be issued. There can be delays there, so it’s not perfect timeframe, but that, that is another route. If, like I mentioned, if you have a more complex case and you need a more comprehensive review, USCIS may be the best option. If your category’s a little unconventional, job description is a little different, you’ve had border issues, or the applicant just doesn’t interview well, USCIS may be the best option.

It’ll depend. All right. Another question I get sometimes during consultations, or most of the time, is, can I pursue a green card process while on the TN? I will say yes, but you have to have careful planning because again, unlike the H-1B, unlike the L, the TN does not outright give you dual intent to work in the US and pursue long-term, uh, permanent residency here. So timing is a really important consideration, and you wanna make sure that you kind of have this laid out and planned beforehand before making any moves with that.

So speaking with an attorney is really important ahead of time because, uh, it can create problems for your travel and future admissions and processing. I think the key when it comes to s- considerations for long-term options, obtaining potentially a green card down the road, is starting sooner than later. That’s always the best route to go about it, but just depends.

And what trends are there currently that we’re seeing at the border? Well, more than anything, you know, I think job titles, duties really matter. They’re heavily scrutinized to ensure that the person that’s applying really meets what the deg- designation is calling for. And making sure that the applicant can speak well to the application, knowing, ensuring that their responses during the interview, if they’re at the land port of entry applying, really aligns with what’s in the application.

You know, ex- ensuring that the application strongly lays out what the company does, w- why the role qualifies for the designation, how the duties align with the profession, what the applicant’s credentials are, and really, you know, showing that this is a, a temporary work visa and it’s understood across the board from the sponsoring employer side to the applicant side.

So again, some common mistakes: picking the wrong category, vague job descriptions, credentials not really meeting the requirements listed. Also, I would say one mistake and assumption would be that just prior approvals guarantee future approvals. No, you have to meet the requirements each time, and if what you’re doing now doesn’t really align with what you’re applying for, it’s not gonna work.

So just knowing that you’re, you’re really s- starting from 0 each time that you apply. All right. So really just to kind of sum it all up, what some key takeaways would be are knowing that the c- category you’re applying for really drives the entire case, ensuring that the duties and title align well, and that you have good documentation to back all of that up.

I think those are the most important things. If, if you have any doubt, if it’s not a clear-cut case, you don’t feel very confident in going about applying, you know, our firm handles these cases regularly, and we would be happy to have a consultation with you.

It’s, it’s always— it’s not just checking the boxes and making sure you’re meeting all their requirements; it’s you have to have a really comprehensive application and to avoid heightened scrutiny at the border. So really, that sums it up for the TN.

Thank you for joining me today. Please follow us on all our social media platforms: LinkedIn, YouTube, TikTok. We have all of those, and see you next time. Thank you.