TN Visa Lawyer
The TN Visa allows qualifying Mexicans and Canadians to enter the U.S. on a temporary basis to engage in professional business activities. Only certain professions are eligible to qualify for the TN Visa, and the individuals must have the necessary requisites (i.e., relevant degree or experience). If your profession falls under any of the TN categories, and you have the appropriate credentials and a U.S. job offer, then this visa would be a great option for working in the United States.
What is a TN Visa?
The TN Visa category was created under the United States-Mexico-Canada Agreement or USMCA (formerly NAFTA), which created special economic and trade relationships for the U.S., Canada, and Mexico.
Requirements For a TN Visa
Canadians and Mexicans may be eligible to work in the U.S. as a nonimmigrant USMCA professional under the following conditions:
- The applicant is a citizen of Canada or Mexico;
- The prospective job offer is in a profession on the USMCA list;
- The applicant will work in a prearranged full-time or part-time job for a U.S. employer (self-employment is not permitted); and
- The applicant has the required USMCA qualifications, meeting the specific education and/or experience requirements of the profession.
With some exceptions, each profession requires the applicant to possess the U.S. equivalent to a Bachelor’s degree as an entry-level requirement. For some professions listed under the USMCA, an alternative to a Bachelor’s degree is listed, such as related experience or special licensing.
Among the list of designated TN professions are: Accountants, Computer Systems Analysts, Mathematicians, Economists, Management Consultants, Registered Nurses, Engineers, Lawyers, Research Assistants, Graphic Designer, Librarians, Hotel Managers, and more.
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.
What is the Petition Process for a TN Visa?
A Canadian citizen may apply for TN status directly at a Class A port of entry to the U.S. Alternatively, applicants may submit a petition through the mail with USCIS; upon approval, the applicant may then enter the U.S. in TN status. A Mexican citizen may apply for a TN visa directly at a U.S. Consulate in Mexico.
All petitions must include, at a minimum:
- A detailed statement from the U.S. employer with a full description of the proffered position and nature of the beneficiarys proposed duties, the anticipated length of stay in the U.S., and remuneration;
- Evidence that the beneficiary meets the required education, licensure requirements, and/or alternative credentials for the USMCA position; and
- Evidence of Canadian or Mexican citizenship.
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What is the Duration of a TN Visa?
A foreign national in TN status may be admitted to the U.S. for an initial period of stay not to exceed three years. TN professionals can receive extensions of stay for up to a three-year period. There is currently no annual limit on the number of TN admissions/extensions that may be granted. However, as TN status is a nonimmigrant category, the purpose of the foreign nationals stay in the U.S. must continue to be demonstrably temporary throughout the duration of status.
Dependents of TN Visa Holders
Dependents (spouses and unmarried children under 21 years of age) of TN professionals may obtain TD status with the same restrictions as the principal. Dependents may attend school as students in the U.S., but they may not be employed while in TD status.
Why Work With a Berardi TN Visa Lawyer?
At Berardi Immigration Law, we won’t just draft your TN application. Rather, we will create a strategic plan for your application which includes working with you and your employer to clearly understand your job duties, and drafting a comprehensive TN petition. We will secure a TN appointment on your behalf for ports of entry that require this. As we successfully file a great deal of TN applications each year, we are well-versed on government processing trends and expectations. We enjoy a strong working relationship with Customs and Border Protection, which results in a very high approval rating for our clients. Applying for a TN work permit is not a do-it-yourself project. Don’t show up at the border with your job offer letter and resume. Rather, contact the experienced immigration team at Berardi Immigration Law for a seamless TN approval.
