What is a TN Visa?

A TN visa is a nonimmigrant work visa that allows Canadian and Mexican citizens to work in the United States in certain professional occupations under the North American Free Trade Agreement (NAFTA). This nonimmigrant classification is known as TN for Trade NAFTA. In 2020, a new agreement, the United States-Mexico-Canada Agreement, or USMCA, took effect and replaced NAFTA. The requirements to qualify for a TN visa have remained the same with the adoption of the USMCA.

Who is eligible for a TN Visa?

To be eligible for a TN visa, an individual must meet the following requirements:

1. Must be a citizen of Canada or Mexico;
2. Position must be listed on the NAFTA list found here;
3. Must have a job offer from a U.S. employer that requires a NAFTA professional;
4. Will work in a prearranged full-time or part-time job; and
5. Must possess the qualifications and/or educational credentials required for the position.

What professions qualify for a TN Visa?

An individual may apply for TN visa status to engage in business activities at a professional level in one of the sixty-three occupations listed in Appendix 1603.D.1 to Annex 1603 of NAFTA. The available occupations are classified into four groups: general, medical, scientists, and teachers. The regulations governing TN visa status do not specifically define the job duties or types of positions permissible under the TN occupational categories so individuals should refer to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance on the job duties for a particular occupational category. 

 Is a degree required to qualify for a TN Visa?

While there are some exceptions, almost every TN profession requires a bachelor’s degree as an entry-level requirement. If a bachelor degree is required, experience cannot be substituted for that degree; however, some professions do allow an alternative to a bachelor’s degree and some require experience in addition to the degree.

Although the regulations do not provide any guidance on the type of degrees required for a particular TN occupational category, USCIS has confirmed the visa candidate should possess a degree in a field closely related to the position. For example, a nonimmigrant applying to work as a Software Engineer should possess a bachelor’s degree in software engineering, computer science, computer engineering, or a closely related field.

Can a nonimmigrant apply for a TN visa if they are self-employed?

No, visa applicants cannot apply for a TN visa if they are self-employed. A visa applicant cannot qualify for a TN visa to establish a business or practice in the U.S. where they will be self-employed. The job offer must come from a U.S. employer. If an applicant wants to pursue self-employment, they should look at other visa categories, such as the E-1 Treaty Trader visa or E-2 Investor visa.

What are the requirements for Canadian citizens to obtain a TN visa?

A Canadian citizen generally does not need a visa stamp in order to apply for admission to the U.S. Visa applicants establish eligibility at the time they seek admission by presenting the required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. port of entry (POE) or at a designated pre-clearance/pre-flight inspection station. Applicants must provide proof of Canadian citizenship, a letter from the prospective employer, and proof of education/experience qualifications. A list of designated POE’s can be found here.

Prospective TN employers can also choose to file a Form I-129, Petition for Nonimmigrant Worker, to USCIS instead. If USCIS approves the I-129, the prospective worker may then apply to CBP for admission to the US. The visa applicant will need to bring proof of their Canadian citizenship as well as the approval notice issued by USCIS. Applicants should also have a copy of the Form I-129 and all supporting documentation at the time they seek admission.

In both scenarios, if the CBP officer finds the visa applicant eligible for admission, they will be admitted to the U.S. as a TN nonimmigrant. Upon admission, the TN visa holder will be issued a Form I-94 Arrival-Departure Record. The Form I-94 will indicate the visa holder’s status and the date on which their authorized stay expires.

When is a TN visa stamp required for a Canadian citizen?

 A Canadian citizen who resides in a third country with a non-Canadian spouse and/or children, and who plans to enter the U.S. as a TN professional with family members, will need a TN visa stamp in order for the family members to be eligible to apply for the derivative TD nonimmigrant visa.

 What are the requirements for Mexican citizens to obtain a TN visa?

Unlike Canadian citizens, Mexican citizens must obtain a visa before seeking admission to the U.S. as a TN professional. Mexican citizens must first complete the DS-160 form online and pay the applicable fees before scheduling their visa appointment at a U.S. consulate. Applicants must bring the DS-160 confirmation page, current passport/proof of Mexican citizenship, visa fee payment receipt, a letter from the prospective employer, and proof of education/experience qualifications. A TN visa will be issued in the applicant’s passport if approved.

Once the TN visa has been approved, the visa applicant can then apply for admission to the U.S. at a designated U.S. port of entry (POE) or at a designated pre-clearance/pre-flight inspection station. If the CBP officer finds the visa applicant eligible for admission, they will be admitted to the U.S. as a TN nonimmigrant. Upon admission, the TN visa holder will be issued a Form I-94 Arrival-Departure Record. The Form I-94 will indicate the visa holder’s status and the date on which their authorized stay expires.

What is the difference between TN-1 and TN-2 visas?

The U.S. classification assigned to Canadian citizens who qualify for the TN visa is “TN-1,” while the “TN-2” classification is assigned to Mexican citizens. The only major procedural difference between these two classifications is that Mexican citizens are required to apply for a TN visa at a U.S. consulate before seeking admission to the U.S while Canadian citizens can request TN status at the port of entry.

For more information concerning TN visas and how to navigate this process, please contact one of our qualified immigration attorneys.

Reddy Neumann Brown PC has been serving the business community for over 20 years and is Houston’s largest immigration law firms focused solely on U.S. employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.

By:Ashley Thomas

Ashley Thomas is an Senior Associate Attorney at Reddy Neumann Brown PC who focuses on employment-based non-immigrant visas. Ashley’s practice covers all phases of the visa process including filing petitions, responding to Requests for Evidence (RFE), and drafting motions and appeals. She has completed over 200 RFE’s to date in response to H-1B, L-1, I-140, and OPT petitions.