TN Visa

The TN visa is a nonimmigrant work visa available under the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA. It allows qualified Canadian and Mexican citizens to work in the U.S. in certain professional occupations.

Key Features of the TN Visa

    • Purpose:

      • To facilitate the temporary employment of professionals from Canada and Mexico in specific fields.

    • Eligibility:

      • Available only to citizens of Canada or Mexico.
      • The applicant must work in one of the USMCA-approved professions (e.g., accountant, engineer, scientist, teacher).
      • A U.S. employer must offer the applicant a job that requires a USMCA-designated professional.

    • Duration:

      • Valid for up to 3 years initially, with the possibility of unlimited extensions (each up to 3 years) as long as the job and qualifications remain valid.

    • Dependents:

      • Spouse and unmarried children (under 21) can accompany the TN visa holder under the TD visa. Dependents cannot work but may study.

Eligibility Requirements

For the Applicant:

  1. Citizenship:

    • Must be a citizen of Canada or Mexico (permanent residents are not eligible).

  2. Profession:

    • The job must be on the USMCA list of approved professions.
    • Examples of approved professions include:
      • Accountants
      • Engineers
      • Lawyers
      • Pharmacists
      • Scientists
      • Teachers
    • Each profession has specific qualification requirements, such as a degree or relevant certification.

  3. Job Offer:

    • The applicant must have a job offer from a U.S. employer for a role requiring a USMCA-designated professional.

  4. Qualifications:

    • Must meet the educational or professional qualifications for the designated profession (e.g., bachelor’s degree, professional license).

  5. Temporary Intent:

    • Must intend to work in the U.S. temporarily and not seek permanent residence.

Application Process​

Application Process​

For Canadian Citizens:

  1. Port of Entry Application:

    • Apply directly at a U.S. port of entry, such as an airport or land border crossing.
    • Submit required documentation to U.S. Customs and Border Protection (CBP), including:
      • Proof of citizenship (passport).
      • Letter from the U.S. employer detailing:
        • The job role.
        • The purpose of employment.
        • The applicant’s qualifications.
      • Evidence of qualifications (e.g., degrees, certifications, licenses).

  2. Approval at the Border:

    • If approved, the TN visa is granted on the spot, and the applicant can enter the U.S. to begin work.

For Mexican Citizens:

  1. Consular Application:

    • Apply for the TN visa at a U.S. consulate or embassy in Mexico.
    • Submit required documentation, including:
      • Form DS-160 (Online Nonimmigrant Visa Application).
      • Passport.
      • Employer letter and evidence of qualifications.

  2. Visa Interview:

    • Attend an interview at the U.S. consulate.
    • If approved, the visa is issued, and the applicant can travel to the U.S.

Change of Status (For Applicants Already in the U.S.):

  • File Form I-129 (Petition for Nonimmigrant Worker) with USCIS if transitioning to TN status from another visa type.

Benefits of the TN Visa

  • Ease of Application:
    • Canadian citizens can apply directly at the border without consular processing.
  • No Cap:
    • No annual numerical limit on the number of TN visas issued.
  • Renewable:
    • Can be renewed indefinitely as long as the applicant continues to meet eligibility requirements.
  • Dependents Allowed:
    • Spouses and children can accompany under TD status.

Limitations of the TN Visa

  • Nationality Restriction:
    • Only citizens of Canada and Mexico are eligible.
  • No Dual Intent:
    • TN visa holders must demonstrate temporary intent and cannot directly pursue a green card while maintaining TN status.
  • Job-Specific:
    • The visa is employer-specific; a new TN application is required for a change of employer.

Comparison of TN Visa to H-1B Visa

FeatureTN VisaH-1B Visa
EligibilityCanadian or Mexican citizens onlyOpen to citizens of any country
CapNo numerical limitSubject to an annual cap
ValidityUp to 3 years, renewable indefinitelyUp to 6 years (with extensions)
IntentTemporary intent requiredDual intent allowed

Common USMCA Professions for TN Visa

  • Accountant
  • Architect
  • Computer Systems Analyst
  • Engineer
  • Economist
  • Pharmacist
  • Lawyer
  • Scientist (e.g., biologist, chemist)
  • Teacher (college, seminary, university)