Who can apply for TN status?

Only Canadian and Mexican citizens can apply for TN status under USMCA (formerly NAFTA). You must work in a qualifying professional occupation listed in the USMCA agreement and meet the specific educational/licensing requirements.

What professions qualify for TN status?

TN covers specific professions like accountants, engineers, lawyers, teachers, scientists, pharmacists, and others listed in USMCA Appendix 1603.D.1. Each profession has specific degree or licensing requirements that must be met.

How long can I stay in TN status?

TN status is initially granted for up to 3 years and can be extended indefinitely in 3-year increments. There is no maximum time limit, but you must maintain intent to return to your home country.

Can TN visa holders apply for green cards?

TN is not a dual intent visa, so you cannot have immigrant intent when applying. However, you may pursue a green card if circumstances change, but this requires careful timing and legal strategy.

Can my family accompany me on TN status?

Yes, your spouse and unmarried children under 21 can get TD (Trade Dependent) status to accompany you. However, TD status holders cannot work in the U.S. but can study.

TN Visa - Professional Workers from Canada and Mexico

Overview

The TN (Trade NAFTA/USMCA) status allows qualified Canadian and Mexican citizens to work temporarily in the United States in specific professional occupations. Created under the North American Free Trade Agreement (NAFTA) and continued under the United States-Mexico-Canada Agreement (USMCA), TN status provides a streamlined path for North American professionals.

Key Benefits

No Annual Cap: Unlike H-1B, there's no limit on TN visas issued annually
Renewable: Can be renewed indefinitely in 3-year increments
Fast Processing: Canadians can apply at port of entry; Mexicans at consulates
Family Benefits: Spouses and children can accompany in TD status
No Dual Intent: Must maintain nonimmigrant intent (cannot pursue green card simultaneously)

Eligibility Requirements

Nationality Requirements

Canadian Citizens: Must be citizens of Canada (not just permanent residents)
Mexican Citizens: Must be citizens of Mexico (not just permanent residents)
Dual Citizens: Can qualify if holding Canadian or Mexican citizenship

Professional Requirements

Occupation must be listed in USMCA Appendix 1603.D.1 professional list
Meet minimum educational or experience requirements for specific profession
Job offer from U.S. employer for professional-level position
Maintain nonimmigrant intent throughout stay

Employer Requirements

U.S. employer or entity offering professional position
Position must require TN-eligible professional qualifications
Compensation must be appropriate for professional level
Activities must be professional in nature

TN Professional Categories

Engineering Professions

Profession	Minimum Requirements
Engineer	Bachelor's degree in engineering or appropriate credentials
Computer Systems Analyst	Bachelor's degree; or Post-Secondary Diploma/Certificate + 3 years experience

Medical/Scientific Professions

Profession	Minimum Requirements
Pharmacist	Licensure in Canada/Mexico; or LL.B., J.D., LL.L., B.C.L., or Licenciado degree
Physician (teaching/research only)	M.D. degree; or licensure in Canada/Mexico
Scientist	Bachelor's degree in specialty field

Business Professions

Profession	Minimum Requirements
Accountant	Bachelor's degree; or C.P.A., C.A., C.G.A., or C.M.A. certification
Management Consultant	Bachelor's degree; or equivalent professional experience + 5 years consulting experience
Lawyer	LL.B., J.D., LL.L., B.C.L., or Licenciado degree

Education Professions

Profession	Minimum Requirements
College/University Teacher	Bachelor's degree
Librarian	M.L.S. or B.L.S. (post-1988 graduates need M.L.S.)

Complete Professional List

This table shows common TN professions. For the complete list of all eligible professions and their specific requirements, consultCBP's TN Professional List.

Application Process by Country

Canadian Citizens

Option 1: Port of Entry Application (Most Common)

Direct Entry: Can apply directly at U.S. port of entry without pre-approval
Immediate Processing: CBP officer makes decision on the spot
Required Documents:
- Letter from U.S. employer detailing professional activities
- Educational credentials (degrees, diplomas, certificates)
- Professional licenses (if required for occupation)
- Canadian passport
- Proof of professional qualifications
Processing: Immediate decision at port of entry
Fee: $56 processing fee
Best For: Straightforward cases with clear documentation

Option 2: Form I-129 Petition (Recommended for Complex Cases)

Pre-Approval Process: U.S. employer files Form I-129 petition with USCIS before travel
When to Use:
- Complex degree equivalency issues
- Non-standard job descriptions
- Previous port of entry denials
- Multiple employees or frequently traveling professionals
- Uncertain documentation requirements
Filing fee: $780 (as of 2025)
Processing time: 2-4 months (premium processing available for additional $2,805)
Advantage: Pre-approval reduces port of entry uncertainty

Mexican Citizens

Mandatory Multi-Step Process

Important: Unlike Canadians, Mexican nationals CANNOT apply at port of entry. The I-129 petition and consular processing are mandatory steps.

Step 1: U.S. employer files Form I-129 petition with USCIS (2-4 months processing)
Step 2: After I-129 approval, apply for TN visa at U.S. consulate in Mexico
Step 3: Enter U.S. with approved petition and TN visa stamp
No Shortcuts: All three steps are required - no exceptions

Required Documents for Consular Processing

Approved Form I-129 petition (Notice of Action I-797)
DS-160 online application completed and submitted
Mexican passport valid for travel to U.S.
Educational credentials with translations if necessary
Professional licenses (if required for specific occupation)
Employer support letter detailing job responsibilities
Consular fees (varies by consulate)

Timeline and Costs for Mexican Citizens

I-129 Filing Fee: $780 (employer pays)
Premium Processing: Additional $2,805 (optional, reduces processing to 15 days)
Consular Processing: 2-4 weeks after I-129 approval
Total Timeline: 3-6 months from start to TN visa issuance

Recent USMCA Changes (2020-2025)

Enhanced Scrutiny

Since USMCA implementation:

Stricter review of degree equivalency for Canadian college diplomas
Increased documentation requirements for experience-based qualifications
Enhanced verification of professional credentials
More detailed employer job descriptions required

Policy Clarifications

Recent developments:

Clarified degree requirements for computer systems analysts
Enhanced guidance on management consultant qualifications
Updated processing procedures for renewal applications
Streamlined documentation for previously approved professionals

Duration and Renewal

Initial Authorization

Duration: Up to 3 years (typically granted for employer's requested period)
Start Date: Can begin work immediately upon TN approval
I-94 Record: Establishes authorized stay period

Renewals

Unlimited Renewals: No maximum number of renewals
Extension Process: File Form I-129 or reapply at port of entry (Canadians)
Timing: Apply before current status expires
Same Employer: Can extend with same or different U.S. employer

Changing Employers

New employer must file Form I-129 petition
Cannot begin work until new petition is approved
Previous TN status remains valid during transition
Premium processing available for faster decision

TD Status for Dependents

Eligibility

Spouse: Legal spouse of TN worker (same-sex marriages recognized)
Children: Unmarried children under age 21
Nationality: Any nationality (not limited to Canada/Mexico)

Benefits and Restrictions

Duration: Same period as TN principal
Study: Can attend school or university
Work Prohibition: Cannot work in TD status
Travel: Can travel in and out of U.S. with TD status

Work Authorization for Spouses

Change of Status: Apply for own work-authorized status (H-1B, TN, etc.)
No EAD Available: TD status does not allow work authorization document
Student Path: Can study and potentially get F-1 with OPT work authorization

Maintaining TN Status

Compliance Requirements

Professional Activities: Work only in approved TN profession
Employer Limitation: Work only for sponsoring employer (unless approved for multiple employers)
Nonimmigrant Intent: Maintain temporary intent throughout stay
Status Updates: Report material changes to USCIS when required

Travel Considerations

Canadians: Can use TN approval notice for re-entry
Mexicans: Must maintain valid TN visa for re-entry
Documentation: Carry employment verification letter and credentials
Extended Travel: Long absences may affect status validity

Common Violations to Avoid

Unauthorized Employment: Working outside approved profession or employer
Immigrant Intent: Filing permanent residence applications
Status Expiration: Remaining beyond authorized stay period
Activity Changes: Material changes without proper authorization

Transition to Permanent Residence

Important Limitation

TN status requires nonimmigrant intent. Filing a green card application may jeopardize TN status renewal. Careful timing and planning with an immigration attorney is essential.

Strategies

Employer Sponsorship: PERM labor certification process for EB-2/EB-3
Extraordinary Ability: EB-1A for exceptional professionals
National Interest Waiver: EB-2 NIW for advanced degree professionals
Investment: EB-5 investor program
Family-Based: Through qualifying U.S. citizen or permanent resident relatives

Timing Considerations

Priority Date Current: May need to change to H-1B before adjusting status
Long Wait Times: TN renewals may be scrutinized if green card filed
Dual Intent Visas: Consider H-1B for easier transition
Legal Counsel: Essential for complex transition planning

Common Challenges and Solutions

Degree Recognition Issues

Problem: Canadian college diplomas not always recognized as "bachelor's equivalent"
Solution: Obtain credential evaluation from recognized evaluation service
Tip: Some professions accept professional certifications in lieu of degrees

Job Description Matching

Problem: Position duties don't clearly match TN professional category
Solution: Carefully craft job description to highlight professional-level duties
Tip: Focus on analytical, planning, and decision-making responsibilities

Border Officer Inconsistency

Problem: Different interpretations by CBP officers at ports of entry
Solution: Prepare comprehensive documentation package
Tip: Consider I-129 filing for complex cases

Renewal Complications

Problem: Increased scrutiny on renewals, especially after multiple extensions
Solution: Demonstrate continued professional development and employer need
Tip: Maintain clear records of temporary intent and ties to home country

Resources and Support

Official Resources

Professional Support

Immigration Attorneys: Essential for complex cases or appeals
Credential Evaluation Services: For degree equivalency determination
Professional Associations: Industry-specific guidance and networking
Employer HR Departments: Support with documentation and process

Important Note

This guide provides general information about TN professional worker status. Immigration laws and USMCA provisions are subject to interpretation and change. Always consult current USCIS and CBP guidance, or seek advice from a qualified immigration attorney for specific situations.