A Gateway for Canadian and Mexican Professionals to Work in the U.S.

The TN (Trade NAFTA, now USMCA) visa is a special nonimmigrant classification that allows qualified Canadian and Mexican citizens to work in the United States in certain professional occupations. Created under the North American Free Trade Agreement (NAFTA) and preserved under its successor, the United States-Mexico-Canada Agreement (USMCA), the TN visa provides a streamlined, efficient path for professionals from Canada and Mexico to accept employment in the U.S. without undergoing the more complex and competitive standard work visa processes.

In this article, we will explore the basics of the TN visa, including eligibility requirements, the application process, benefits, limitations, and practical tips for applicants and employers.

What Is the TN Visa?

The TN visa is a nonimmigrant visa category established under the provisions of NAFTA, now governed by USMCA, which allows eligible Canadian and Mexican citizens to work in the U.S. in designated professional roles. The intent behind the visa is to strengthen economic relations between the three countries by easing cross-border employment of highly skilled professionals.

Unlike many other U.S. work visas, the TN visa does not require the employer to file a petition with the U.S. Citizenship and Immigration Services (USCIS) before the applicant can begin work. For Canadian citizens, the process can be as simple as applying directly at a U.S. port of entry.

Who Qualifies for a TN Visa?

To qualify for a TN visa, applicants must meet several key requirements:

1. Citizenship
   Only citizens of Canada or Mexico are eligible. Permanent residents (green card holders) of either country do not qualify.
2. Job Offer in a Qualifying Occupation
   The position offered must fall under one of the professions listed in the USMCA agreement’s TN occupational list. This includes a wide range of roles in fields such as:
   • Science (e.g., Biologist, Chemist)
   • Engineering (e.g., Civil Engineer, Electrical Engineer)
   • Healthcare (e.g., Registered Nurse, Dentist)
   • Education (e.g., College Professor, Librarian)
   • Business and Finance (e.g., Economist, Accountant)
     Each listed profession typically includes a minimum education or credential requirement (usually a bachelor’s degree or a professional license).
3. Qualifications of the Applicant
   The applicant must possess the necessary qualifications (degrees, licenses, experience) for the position as outlined in the TN profession list.
4. Nonimmigrant Intent
   TN visa applicants must demonstrate that they intend to stay in the U.S. temporarily and will not pursue permanent residence while on TN status. Although dual intent is not formally recognized, in practice, some TN holders have later adjusted status through other visa categories.

How to Apply for a TN Visa

For Canadian Citizens

Canadian citizens do not require a visa stamp from a U.S. consulate. They can apply directly at a U.S. port of entry or pre-flight inspection station by presenting:

• Proof of Canadian citizenship (e.g., passport)
• A job offer letter from the U.S. employer describing the role, responsibilities, duration, and salary
• Documentation proving the applicant meets the minimum educational and professional requirements for the position (e.g., diplomas, licenses)
• Payment of the application fee (around $50 at the border, additional $6 for the I-94 record)

Upon approval, the applicant is admitted in TN status and receives an I-94 card with a validity period of up to three years, which can be renewed indefinitely.

For Mexican Citizens

Mexican citizens must first apply for a TN visa at a U.S. consulate or embassy in Mexico. The process includes:

• Completing Form DS-160 (Online Nonimmigrant Visa Application)
• Scheduling a visa interview
• Presenting a valid passport, job offer letter, supporting documentation, and proof of qualifications at the interview
• Paying the applicable visa fee

Once the visa is approved and stamped in the passport, the applicant may travel to the U.S. and request entry in TN status.

Benefits of the TN Visa

1. Speed and Simplicity
   The TN process is significantly faster than many other U.S. work visas. For Canadians, same-day processing at the border is often possible.
2. Cost-Effective
   There are no petition filing fees required, making it less expensive for employers compared to H-1B or other visa types.
3. Unlimited Renewals
   TN status can be renewed indefinitely in three-year increments, provided the employment continues to meet the original criteria.
4. Family Members Can Join
   Spouses and unmarried children under 21 can accompany the TN visa holder under the TD (Trade Dependent) status. However, TD dependents cannot work in the U.S.

Limitations and Considerations

1. Job Specificity
   TN status is job-specific and employer-specific. A change in employer or position may require reapplication or amendment.
2. No Dual Intent
   Unlike the H-1B visa, TN status does not permit “dual intent.” This means that pursuing a green card while on TN status can be risky unless properly timed or transitioned through another status first.
3. Limited Professions
   Only occupations listed in the USMCA TN profession list are eligible. If your profession is not on the list, the TN visa may not be an option.
4. Not Available to Permanent Residents
   Only citizens of Canada and Mexico qualify—not permanent residents of either country.

Tips for a Successful Application

• Prepare a Strong Job Offer Letter: Ensure the letter clearly states that the role fits a TN occupation, outlines duties, confirms it is temporary, and includes compensation details.
• Organize Documentation: Have degree certificates, transcripts, licenses, and translations (if needed) ready to present.
• Be Honest and Clear at the Border or Interview: Border officers or consular officers must be convinced that you qualify and intend to return to your home country after your employment ends.
• Stay Updated: Immigration rules can evolve. Always check the latest guidance from U.S. Customs and Border Protection (CBP) or the U.S. State Department before applying or renewing.

Conclusion

The TN visa offers a valuable and accessible opportunity for Canadian and Mexican professionals to work in the U.S. in specific professional roles. Its simplicity, speed, and flexibility make it an attractive option for both employers and workers, especially for short to medium term engagements.

However, understanding the eligibility requirements, preparing a thorough application, and staying aware of the visa’s limitations are essential for success. Whether you are an employer looking to bring on cross-border talent or a professional exploring your work options in the U.S., the TN visa may be the ideal path forward when used correctly and strategically.

By: Felipe Jimenez

Felipe Jimenez is an Associate Attorney at Reddy Neumann Brown PC. He works in the Non-Immigrant Visa (NIV) Department where he assists clients through all phases of the non-immigrant visa process.

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