What is the TN Visa?

The United States offers a wide array of employment-based visa options for foreign nationals, each designed to address specific skillsets, professions, and international agreements. Among these, the TN Visa, established under the North American Free Trade Agreement (NAFTA) and continued under the United States–Mexico–Canada Agreement (USMCA), provides an accessible route for eligible Canadian and Mexican citizens to work in the U.S. on a temporary basis.

With streamlined application procedures and fewer bureaucratic hurdles compared to other employment categories, the TN Visa has become a popular choice for professionals seeking short- or medium-term employment without pursuing permanent residency.

Understanding the TN Visa

The TN Visa was originally created as part of NAFTA in 1994 to facilitate economic cooperation and mobility among the U.S., Canada, and Mexico. When NAFTA was replaced by the USMCA in 2020, the TN Visa classification remained in place with largely unchanged eligibility criteria.

This classification allows qualified Canadian and Mexican citizens to accept prearranged, professional-level employment in the United States. Unlike the H-1B visa, which requires lottery selection and annual caps, the TN Visa process is faster and does not have a numerical limit on the number of visas issued each year.

Eligible applicants may be granted initial stays of up to three years, with unlimited extensions in three-year increments, provided they continue to meet all requirements and maintain nonimmigrant intent.

Eligibility Requirements

To qualify for TN status, an applicant must satisfy several essential criteria:

1. Citizenship: Only citizens (not permanent residents) of Canada or Mexico are eligible.
2. Professional Occupation: The applicant’s job must fall under the list of designated professions set forth in Appendix 1603.D.1 of NAFTA/USMCA. These include fields such as engineering, scientific research, teaching, accounting, and numerous healthcare occupations.
3. Qualifications: The applicant must possess the specific academic credentials or professional licenses required for their occupation (e.g., a bachelor’s degree, professional certification).
4. Prearranged Employment: A valid job offer from a U.S. employer in one of the listed professions is required. Self-employment is not permitted under the TN category.
5. Temporary Intent: The applicant must demonstrate that their stay is temporary and that they intend to depart the U.S. upon conclusion of their authorized period.

Taken together, these requirements reflect the TN Visa’s unique purpose: facilitating cross-border professional collaboration while maintaining clear boundaries around eligibility and duration of stay. Unlike broader employment-based visas, TN status is tightly linked to pre-defined occupations and a demonstrable commitment to return home once the authorized employment ends. This careful balance allows companies in the U.S. to tap into specialized Canadian and Mexican talent with relative ease, while also ensuring the program remains focused on temporary assignments rather than permanent settlement.

Application Process

The process for obtaining TN status differs somewhat for Canadian and Mexican citizens.

For Canadian Citizens:

Canadian professionals enjoy a more streamlined approach. They can apply directly at a U.S. port of entry (airport preclearance or land border) without requiring a visa stamp in their passport. The applicant must present:

• A letter from the prospective U.S. employer describing the job offer, duties, and period of employment.
• Proof of qualifications (degrees, transcripts, licenses).
• Evidence of Canadian citizenship (passport).

If approved, the Customs and Border Protection officer will issue an I-94 arrival/departure record, granting TN status on the spot.

For Mexican Citizens:

Mexican applicants must first apply for a TN Visa at a U.S. consulate in Mexico. The consular officer will review the application materials, conduct an interview, and, if approved, place the TN Visa sticker in the applicant’s passport. Upon entry to the U.S., they are issued the I-94 record confirming TN status.

In both cases, dependents (spouse and unmarried children under 21) may accompany the TN worker under TD status. While TD dependents may study in the U.S., they are not permitted to work.

Renewals and Maintaining Status

One of the most attractive features of the TN Visa is the ability to extend status indefinitely in three-year increments. Extensions can be filed with U.S. Citizenship and Immigration Services (USCIS) if the applicant is already in the U.S., or by simply departing and re-entering with updated documentation.

To maintain status, TN workers must:

• Continue working in the approved professional role with the same employer (or timely file an amendment if changing employers).
• Avoid unauthorized employment or overstaying their period of admission.
• Preserve evidence of their ongoing temporary intent, as the TN classification does not permit immigrant (permanent residency) intent.

Who Should Consider the TN Visa?

The TN Visa offers an efficient and cost-effective pathway for certain professionals who:

• Hold citizenship in Canada or Mexico.
• Have a clear job offer in a qualifying occupation.
• Prefer a nonimmigrant status without long processing times or lottery restrictions.
• Intend to work in the U.S. on a temporary basis, with the flexibility to renew as needed.

It is particularly appealing to employers seeking to quickly onboard qualified Canadian or Mexican professionals without the complexities of the H-1B process.

However, applicants should carefully assess whether their long-term goals—such as transitioning to a Green Card—align with the TN Visa’s requirements, as demonstrating nonimmigrant intent is a critical element of maintaining eligibility.

As Grape Law, based in New York, we provide proactive U.S. immigration services to our clients with our 97% case approval rate and a team of over 100 experienced professionals. For more detailed information about your inquiries and request professional support for your application process, please contact us at info@grapelaw.com.