TN visa: Canadian and Mexican professionals
TN is a nonimmigrant work status created under the United States-Mexico-Canada Agreement (USMCA, formerly the North American Free Trade Agreement, NAFTA) specifically for Canadian and Mexican citizens to work in the U.S. in professions listed in the agreement. TN has no annual cap and no lottery, and doesn't require a Department of Labor labor condition application, so it is relatively quick.
TN's limits: it only covers the professions on the agreement's list, and you must have the education or credentials that profession requires; and it is a purely nonimmigrant status that requires you to maintain nonimmigrant intent, which needs advance planning if you intend to apply for a green card.
One point needs special emphasis: TN depends on nationality (citizenship), not residence. People with Canadian permanent resident (PR) status who aren't Canadian citizens can't apply for TN. Our firm only provides U.S. immigration legal services and doesn't handle Canadian or Mexican immigration matters.
Who it suits
- Canadian or Mexican citizen professionals with a job offer from a U.S. employer;
- Engineers, accountants, analysts, researchers and others, including people of Chinese heritage, who have become Canadian citizens;
- People with Canadian or Mexican citizenship who weren't selected for H-1B;
- Consultants who want to work for a U.S. employer for a limited time (with a compliant contractual arrangement; self-employment isn't allowed).
Requirements
- You are a Canadian or Mexican citizen;
- The position is a professional occupation listed in the USMCA, and you will actually work in that profession;
- You have prearranged employment with a U.S. employer (or a foreign employer), full-time or part-time; you can't be self-employed in the U.S.;
- You have the education, license or other credentials the profession requires;
- Your entry is temporary, with nonimmigrant intent.
Examples of listed professions
The USMCA appendix lists about 60 professions, each with its own minimum education or credential requirement. Common ones include:
| Category | Example professions |
|---|---|
| Engineering and technology | Engineer, Computer Systems Analyst, Scientific Technician / Technologist (specific conditions apply) |
| Business and finance | Accountant, Management Consultant, Economist, Hotel Manager |
| Sciences | Scientists such as chemists, biologists, physicists, geologists and mathematicians (including statisticians) |
| Healthcare | Registered Nurse, Pharmacist, Dietitian, physical therapist, physician (teaching or research only; not primarily direct patient care) |
| Education | College / University / Seminary Teacher |
| Design and other | Architect, graphic designer, industrial designer, land surveyor, urban planner, librarian, lawyer, social worker |
For the full list and the education requirements for each profession, rely on the USMCA appendix and the USCIS TN page. The job title doesn't have to match the list exactly, but the actual duties must fall within a listed profession. For example, "software development" positions are often filed as Engineer or Computer Systems Analyst, but the duties and degree need to line up; this is the most closely scrutinized part of a TN application.
How to apply
Canadian citizens
- Canadian citizens don't need a visa. They can apply for TN directly with U.S. Customs and Border Protection (CBP) at a U.S. port of entry, or at U.S. preclearance at a Canadian airport, by presenting their documents;
- Alternatively, the U.S. employer can file an I-129 for TN with USCIS in advance, and the applicant enters with the approval notice.
Mexican citizens
- Mexican citizens must first apply for a TN visa at a U.S. embassy or consulate in Mexico, and enter on the visa after it is approved at the interview;
- CBP still reviews them on arrival and decides whether to admit them in TN status.
People already in the U.S. in another lawful status can have their employer file an I-129 with USCIS to change to TN status.
Documents you'll usually need
- Proof of Canadian or Mexican citizenship (passport);
- A support letter from the U.S. employer explaining which listed profession the position falls under, the specific duties, the expected length of stay, the pay arrangements, and your qualifications;
- Degree certificates and transcripts, with a credential equivalency evaluation where needed;
- Licenses or certifications required by the profession (if applicable);
- Proof of work experience (some professions accept experience instead of, or in addition to, education).
Timing and costs
Canadian citizens applying at a port of entry usually get a decision on the spot. For fees and wait times when filing an I-129 with USCIS or applying for a visa at a consulate, see How to check immigration filing fees and processing times, and rely on what USCIS, the State Department and CBP currently publish.
Duration and extensions
- Each approval is for up to 3 years;
- You can extend any number of times, with no overall time limit;
- Extensions can be filed by the employer with USCIS on an I-129, or you can leave and reapply at a port of entry (Canadian citizens) or consulate (Mexican citizens);
- Each extension must show that you are still working in a listed profession and that your stay is temporary.
If you change employers, the new employer needs to apply for TN for you again. You can work for several employers at once, but each one needs a separate application.
Nonimmigrant intent and green card planning
TN isn't a dual intent visa. Each time you apply or enter, you need to show that you intend to leave the U.S. when the work ends. Holding TN for a long time isn't unlawful in itself, but if you have started the green card process (for example, your employer has filed a PERM labor certification or an I-140), at your next extension or entry the officer may conclude that you have immigrant intent and deny it.
A common approach is to assess, before starting the green card process, whether to switch to a status more compatible with a green card application, such as H-1B, O-1 or L-1; or, at the right time, to file I-485 directly in the U.S. along with applications for a work permit and a reentry permit, to reduce the risks of travel. The right timing depends on the visa backlog and your travel plans.
Dependents: TD status
Your spouse and unmarried children under 21 can apply for TD status, for the same period as the principal. TD dependents cannot work in the U.S., but they can attend school. Dependents don't need to be Canadian or Mexican citizens; dependents who aren't generally need to apply for a TD visa at a consulate first.
Common mistakes
- Assuming Canadian permanent residents can apply. TN is only for citizens.
- The job title matches, but the actual duties don't. For example, applying as a "Management Consultant" for what is really a long-term, full-time regular staff position.
- A degree that doesn't match the profession, for example applying as an Engineer without an engineering degree.
- Self-employment in the U.S., or setting up your own company to work for yourself. TN doesn't allow self-employment.
- Traveling or extending as planned after starting a green card case without assessing the nonimmigrant intent issue.
- A TD spouse working in the U.S.
TN compared with H-1B
| TN | H-1B | |
|---|---|---|
| Eligible nationalities | Canadian and Mexican citizens only | Nationals of any country |
| Occupations covered | Professions listed in the USMCA | Any position meeting the specialty occupation definition |
| Cap and lottery | None | Yes (except cap-exempt employers) |
| Labor condition application (LCA) | Not required | Required |
| Duration | Up to 3 years at a time, unlimited extensions | Generally 6 years total, extendable during a green card case |
| Immigrant intent | Must maintain nonimmigrant intent | Dual intent allowed |
| Spouse can work? | TD: no | H-4 generally no; an EAD is available in certain circumstances |
Common questions
I was born in China and have become a Canadian citizen. Can I apply for TN?
Yes. TN looks at your current citizenship. As long as you are a Canadian citizen, your place of birth doesn't affect TN eligibility.
Can I work part-time on TN?
Yes. TN allows part-time work, but each employer needs to apply for TN for you separately, and the work must fall within a listed profession.
Can I apply for a green card while on TN?
Legally, you can apply for a green card through marriage, employer sponsorship and other routes, but you need to pay particular attention to the nonimmigrant intent issue, especially the timing of extensions and travel. We recommend talking to an attorney before starting a green card case.
What if I'm refused at the border?
Find out the specific reason, which is usually that the position doesn't match a listed profession or the documents were insufficient. You can apply again with stronger documents, or have your employer file an I-129 with USCIS instead. Disclose the refusal truthfully in future applications.
Which suits me better, TN or E-2?
TN suits professionals employed by a U.S. or foreign employer. If you plan to invest in and run your own business in the U.S., Canadian and Mexican citizens can also consider the E-2 investor visa.
Related reading
- H-1B specialty occupation visa
- PERM labor certification and EB-2 / EB-3
- E-2 investor visa
- USCIS: TN USMCA Professionals
Want to confirm whether your position is a TN listed profession, or plan a green card while on TN? Book an attorney assessment. Attorney David Wang will check your position against your education and explain how to apply and the risks involved.
This article is general information and is not legal advice. Laws and policies can change; rely on the latest official information and on an attorney's advice for your specific situation.