The TN visa provides a dedicated nonimmigrant route for Canadian and Mexican professionals to work in the United States in specific, pre-approved occupations. Established under the North American Free Trade Agreement (NAFTA) and carried forward under its successor, the United States-Mexico-Canada Agreement (USMCA), the category is still referred to in official materials as “TN NAFTA Professionals” while being authorised under USMCA. It facilitates cross-border movement of skilled workers in defined professions such as engineers, accountants, scientists and teachers.
For employers, the TN route offers a streamlined way to bring qualified Canadian and Mexican professionals into the US workforce without the quota restrictions that apply to visas like the H-1B. For applicants, the TN provides a faster, renewable option to take up temporary employment in the US while maintaining ties to their home country.
What this article is about
This guide explains the TN visa route in full. It covers eligibility rules, the list of recognised professions, and the differences between TN-1 (for Canadians) and TN-2 (for Mexicans). It also sets out the step-by-step application processes at ports of entry and US consulates, employer compliance obligations, visa duration and renewals, rules for dependants, and the limits of TN status. Finally, the article looks at practical considerations for both employers and applicants, including comparisons with other visa categories and careful planning points around nonimmigrant intent when considering long-term options such as permanent residence.
Section A: What is the TN Visa?
The TN visa is a nonimmigrant work visa created under NAFTA and maintained under the USMCA, specifically designed to enable Canadian and Mexican professionals to take up temporary employment in the United States. It recognises the importance of cross-border mobility in skilled professions, offering a faster and more predictable pathway compared to other US work visas. Officially, USCIS and CBP continue to refer to this category as “TN NAFTA Professionals.”
1. Overview of the TN visa as a USMCA category
The TN classification allows nationals of Canada and Mexico to engage in pre-approved professional activities in the United States. Unlike the H-1B visa, the TN route is not subject to an annual numerical cap. It is therefore often regarded as one of the more accessible options for eligible professionals, particularly in sectors facing skills shortages.
2. Professions eligible under the TN visa list
Only certain roles qualify for TN status. The eligible occupations are set out in an appendix to the USMCA and cover more than 60 professions, including:
- Accountants
- Engineers
- Computer systems analysts
- Scientists (various fields)
- University lecturers
Applicants must show they are entering the US to work in one of these professions and possess the necessary educational or professional credentials.
3. Differences between TN-1 (Canada) and TN-2 (Mexico)
Canadian and Mexican citizens follow different procedures:
- TN-1 (Canada): Canadians can apply directly at a US port of entry or pre-clearance facility, without needing to obtain a visa from a consulate. This generally makes the process quicker and more straightforward.
- TN-2 (Mexico): Mexican nationals must first obtain a TN visa at a US consulate before travelling to the United States. This step adds additional time and documentation requirements compared to the Canadian route.
4. Benefits and limitations of TN status
The TN visa provides clear advantages: it can be obtained relatively quickly, renewed indefinitely in three-year increments, and avoids the complexities of a cap lottery. However, limitations include:
- It is available only to Canadian and Mexican citizens.
- It applies only to the listed professions.
- Holders must maintain nonimmigrant intent, meaning they cannot use the TN route as a direct path to permanent residence.
Section A Summary
The TN visa is a targeted work route under the USMCA, limited to specific professions and available only to Canadian and Mexican citizens. It provides employers with a streamlined alternative to capped visa categories and offers applicants flexibility to work in the United States, though with restrictions on eligible roles and long-term settlement.
Section B: Eligibility Requirements
To qualify for TN status, applicants must meet strict criteria under US immigration law and the USMCA framework. The rules ensure that only Canadian and Mexican nationals with the right professional qualifications access this route.
1. Citizenship requirement (Canada or Mexico only)
The TN category is limited exclusively to citizens of Canada or Mexico. Permanent residents are not eligible. Proof of citizenship is required at the point of application, typically through a valid passport.
2. Job offer from a US employer in a qualifying profession
Applicants must have a pre-arranged offer from a US employer in one of the professions listed under the agreement. Self-employment is not permitted. The role must be temporary in nature and there must be a genuine employer–employee relationship.
3. Educational and professional credential requirements
Each eligible profession has minimum educational or licensing standards. Applicants must provide documentary evidence (degrees, transcripts, licences or professional memberships) that matches the listed requirements for the occupation. Illustrative examples include:
- Accountants: bachelor’s degree or recognised professional certification (as specified in the profession list).
- Engineers: relevant engineering degree aligned to the offered role.
- University lecturers: typically a bachelor’s degree or higher; in practice many roles expect a master’s or above.
Where applicable, state licensing evidence may also be required for regulated occupations.
4. Nonimmigrant intent and temporary stay conditions
The TN is a temporary, nonimmigrant classification. Applicants must demonstrate nonimmigrant intent and an intention to depart at the end of their authorised stay. While later transitions to other categories (for example, H-1B) or to permanent residence can be possible, timing and strategy are critical because evidence of immigrant intent can lead to refusals at renewal or admission.
Section B Summary
Eligibility for the TN visa is tightly controlled: applicants must be citizens of Canada or Mexico, hold a qualifying job offer in a listed profession, meet the specific educational or licensing criteria, and demonstrate nonimmigrant intent. These safeguards keep the route focused on genuine, skilled professional placements.
Section C: Application Process
The TN visa application process differs depending on whether the applicant is Canadian or Mexican. Canadians can apply directly at a US port of entry, while Mexican nationals must first secure a TN visa at a US consulate. Both paths require thorough documentation to demonstrate eligibility.
1. Applying at a port of entry (Canada) vs consular process (Mexico)
Canadian citizens (TN-1): Canadians may apply directly at a US port of entry, such as an airport or land border, without a visa stamp. They present their documentation to a Customs and Border Protection (CBP) officer and, if approved, are granted TN status immediately.
Mexican citizens (TN-2): Mexican nationals must apply for a TN visa through a US consulate or embassy before travelling. Once approved, they present the visa at the border to request admission. This step makes the process longer than the Canadian route.
2. Role of Form I-129 for employer petitions
Where an applicant is already in the US under a different lawful status, the US employer can file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS to request a change of status to TN. Form I-129 is also used for in-country extensions. Premium processing is available only through USCIS, not at the border or consulate.
3. Supporting documents (employment letter, credentials, licences)
Applicants must present a package of supporting evidence, usually including:
- An employer letter confirming the professional role, duties, duration of employment and that the position falls within a USMCA-listed profession.
- Proof of educational or professional qualifications (degrees, transcripts, certifications).
- Evidence of citizenship via a valid Canadian or Mexican passport.
- Where required, state licensing for regulated professions.
4. Visa processing times, interviews, and border inspection
Processing times vary:
- At ports of entry, Canadians may be granted TN status on the same day.
- Mexican applicants must secure a consular appointment, which can take weeks depending on demand.
In both cases, CBP officers review the documents at the border and grant TN status if requirements are met, typically for up to three years.
5. Fees and premium processing availability
Fees depend on the route:
- Canadians pay a processing fee at the border (around $50–$56 plus an I-94 issuance fee).
- Mexicans pay the nonimmigrant visa application fee when applying at the consulate.
- Applicants using Form I-129 through USCIS may choose premium processing for a 15-day turnaround.
Section C Summary
The TN application process is relatively efficient but differs by nationality. Canadians benefit from same-day processing at ports of entry, while Mexicans must first obtain a visa from a consulate. In all cases, thorough documentation is required, and Form I-129 is available for in-country extensions or changes of status.
Section D: Duration, Extensions, and Compliance
The TN visa offers flexibility for both employers and professionals, but it comes with specific rules on validity, extensions, compliance and family arrangements. Understanding these rules is critical to maintaining lawful status in the United States.
1. Initial validity period and renewals
A TN visa is typically granted for an initial period of up to three years. There is no fixed maximum cumulative stay, provided the applicant continues to meet the requirements and demonstrates nonimmigrant intent. Renewals can be made in three-year increments, either at a port of entry (for Canadians), through a consulate (for Mexicans), or via Form I-129 if already in the US.
2. Employer compliance duties and restrictions on work
The TN visa is employer-specific and role-specific:
- The worker may only perform duties for the employer listed in the application.
- Job duties must align with those described in the employer’s support letter and the USMCA profession list.
- A new application is required for a change in employer or role.
Unlike the H-1B, there is no prevailing wage or Labor Condition Application requirement. However, employers must still ensure they do not allow unauthorised employment, or they risk penalties for non-compliance.
3. Change of employer, role, or status in the US
Where a TN worker wishes to change employers, the options are:
- The new employer files Form I-129 with USCIS to request a change.
- The worker departs the US and re-applies at a port of entry or consulate with the new employer’s documentation.
TN holders may also change to another immigration category, such as H-1B, or pursue permanent residence. Timing is important, as the TN visa does not allow dual intent.
4. Options for dependants (TD visa for spouses and children)
Spouses and unmarried children under 21 may join the principal TN holder under TD status. TD dependants cannot work but may attend school or college in the United States. Applications follow the same port of entry or consular routes, depending on nationality.
5. Pathways to permanent residence and limits of dual intent
The TN visa does not permit dual intent. Applicants must demonstrate their stay is temporary. While a Green Card can be pursued, it requires careful planning, such as transitioning to a category that does allow dual intent. If CBP suspects immigrant intent at renewal or admission, entry may be refused.
Section D Summary
The TN visa allows renewable three-year grants of stay, but always on the basis of nonimmigrant intent. Employers must ensure workers only perform authorised duties, and any change of role or employer requires a new application. TD dependants can study but not work. Although permanent residence is possible with careful planning, the TN itself is strictly temporary.
FAQs
What jobs qualify for the TN visa?
Only professions listed under the USMCA are eligible. Examples include accountants, engineers, computer systems analysts, scientists and university lecturers. Each occupation has specific educational or licensing requirements.
Can a TN visa holder change employers?
Yes. A new application is required each time. The worker may either have the new employer file Form I-129 with USCIS or re-apply at a port of entry or consulate with the new employer’s supporting documentation.
How long can you stay in the US on a TN visa?
The TN visa is issued for up to three years at a time. There is no fixed cumulative limit, provided the applicant continues to meet the requirements and shows nonimmigrant intent.
What is the difference between the TN and H-1B visas?
The TN visa is limited to Canadian and Mexican citizens and restricted to listed professions. It has no annual cap and is faster to obtain than the H-1B. However, the TN does not allow dual intent, which makes long-term planning for permanent residence more complex.
Can TN visa holders apply for a Green Card?
Yes, but not directly from TN status. Holders must carefully transition to a category that permits dual intent, such as H-1B, or pursue family-based sponsorship. Timing is critical, as evidence of immigrant intent can lead to denial at admission or renewal.
Conclusion
The TN visa is a practical, renewable route for Canadian and Mexican professionals to work in clearly defined USMCA-listed professions in the United States. It offers employers a predictable alternative to capped categories and gives applicants speed and flexibility, provided they maintain nonimmigrant intent and remain within the scope of the approved role.
Because the TN is employer- and role-specific and does not permit dual intent, both parties must manage compliance carefully. Any material change requires a new filing, and long-term immigration planning should account for the TN’s temporary nature, including transitions to categories that allow dual intent where appropriate.
Used correctly, the TN can fill skills gaps swiftly and lawfully. Success turns on matching the role to the USMCA list, documenting credentials, and demonstrating a temporary purpose at every admission or renewal.
Glossary
Term | Definition |
---|---|
TN-1 Visa | Classification for Canadian citizens under the USMCA, allowing direct application at a US port of entry without consular processing. |
TN-2 Visa | Classification for Mexican citizens under the USMCA, requiring a visa from a US consulate before entry. |
TD Visa | Status granted to dependants (spouse and unmarried children under 21) of TN visa holders; does not allow employment but permits study. |
USMCA | United States-Mexico-Canada Agreement, successor to NAFTA, which provides the framework for the TN visa category. |
Form I-129 | Petition for a Nonimmigrant Worker, used by US employers to request changes or extensions of TN status with USCIS. |
Useful Links
Resource | Link |
---|---|
USCIS – TN NAFTA Professionals | Visit USCIS |
U.S. Department of State – TN Visa | Visit State.gov |
U.S. Customs and Border Protection – TN Status | Visit CBP |
NNU Immigration – TN Visa Guide | Visit NNU Immigration |