What is TN Visa?
The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S., and Mexico. As of July 2020, TN visas are being issued under the newly named United States-Mexico-Canada Agreement (USMCA). While NAFTA does not exist anymore, but TN visa has been incorporated into USMCA.
You May be Eligible for TN Nonimmigrant Status, if:
- You are a citizen of Canada or Mexico
- Your profession qualifies under the regulations
- The position in the United States requires a NAFTA professional
- You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below)
- You have the qualifications to practice in the aforementioned profession
List of TN occupations and Professions Under Appendix 1603.D.1
1. General Category
| Profession | Education and Experience Requirements |
| Accountant | Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A |
| Architect | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Computer Systems Analyst | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Disaster Relief Insurance Claims Adjuster | Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims |
| Economist | Baccalaureate or Licenciatura Degree |
| Engineer | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Forester | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Graphic Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
| Industrial Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Interior Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Land Surveyor | Baccalaureate or Licenciatura Degree; or state/provincial/federal license |
| Landscape Architect | Baccalaureate or Licenciatura Degree |
| Lawyer | LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar |
| Librarian | M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
| Management Consultant | Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement |
| Mathematician and Statistician | Baccalaureate or Licenciatura Degree |
| Range Manager and Range Conservationists | Baccalaureate or Licenciatura Degree |
| Research Assistant
(working in a post-secondary educational institution) |
Baccalaureate or Licenciatura Degree |
| Scientific Technician and
Technologist |
Possession of:
(a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research |
| Social Worker | Baccalaureate or Licenciatura Degree |
| Silviculturist and Forestry Specialist | Baccalaureate or Licenciatura Degree |
| Technical Publications Writer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Urban Planner and Geographer | Baccalaureate or Licenciatura Degree |
| Vocational Counsellor | Baccalaureate or Licenciatura Degree |
2. Medical/Allied Professional
| Dentist | D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license |
| Dietitian | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Medical Laboratory Technologist (Canada)/Medical Technologist | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Nutritionist | Baccalaureate or Licenciatura Degree |
| Occupational Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Pharmacist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Physician (teaching or research only) | M.D. or Doctor en Medicina; or state/provincial license |
| Physiotherapist or Physical Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Psychologist | State/provincial license; or Licenciatura Degree |
| Recreational Therapist | Baccalaureate or Licenciatura Degree |
| Registered Nurse | State/provincial license; or Licenciatura Degree |
| Veterinarian | D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license |
3. Scientist
| Agriculturist
(including Agronomist) |
Baccalaureate or Licenciatura Degree |
| Animal Breeder | Baccalaureate or Licenciatura Degree |
| Animal Scientist | Baccalaureate or Licenciatura Degree |
| Apiculturist | Baccalaureate or Licenciatura Degree |
| Astronomer | Baccalaureate or Licenciatura Degree |
| Biochemist | Baccalaureate or Licenciatura Degree |
| Biologist | Baccalaureate or Licenciatura Degree |
| Chemist | Baccalaureate or Licenciatura Degree |
| Dairy Scientist | Baccalaureate or Licenciatura Degree |
| Entomologist | Baccalaureate or Licenciatura Degree |
| Epidemiologist | Baccalaureate or Licenciatura Degree |
| Geneticist | Baccalaureate or Licenciatura Degree |
| Geologist | Baccalaureate or Licenciatura Degree |
| Geochemist | Baccalaureate or Licenciatura Degree |
| Geophysicist or Oceanographer | Baccalaureate or Licenciatura Degree |
| Horticulturist | Baccalaureate or Licenciatura Degree |
| Meteorologist | Baccalaureate or Licenciatura Degree |
| Pharmacologist | Baccalaureate or Licenciatura Degree |
| Physicist
(including Oceanographer in Canada |
Baccalaureate or Licenciatura Degree |
| Plant Breeder | Baccalaureate or Licenciatura Degree |
| Poultry Scientist | Baccalaureate or Licenciatura Degree |
| Soil Scientist | Baccalaureate or Licenciatura Degree |
| Zoologist | Baccalaureate or Licenciatura Degree |
4. Teacher
| College | Baccalaureate or Licenciatura Degree |
| Seminary | Baccalaureate or Licenciatura Degree |
| University | Baccalaureate or Licenciatura Degree |
Additional Note about Eligibility:
- Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa
- The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement
- NAFTA(USMCA now) governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession
For Canadian Citizens:
- If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate
- You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station
You must also provide the following documentation to the CBP officer:
- Proof of Canadian citizenship
- Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications
- Credentials evaluation (if applicable), together with any applicable fees
- Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS
- Premium Processing Service is available
If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:
- Proof of Canadian citizenship
- Approval Notice from USCIS for Form I-129
- In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility
- You should also be prepared to pay any applicable inspection fees at the time you seek admission
- If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant
For Mexican Citizens
- If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant
- You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico
- Look for more details in the “Mexican and Canadian NAFTA Professional Worker.”
- Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station
- If a CBP officer finds you eligible for admission, then you will be admitted as a TN nonimmigrant
How Long Can I Stay in the USA?
- The initial period of stay is three years
- If you wish to remain in the United States beyond your initial period of stay without first departing from the United States, you must file an extension to stay
- If you are in the United States, your employer may file Form I-129 on your behalf
Dependents of TN Nonimmigrants
- Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD nonimmigrant status
- Spouses and children are not permitted to work while in the United States, but they are permitted to study
- Check with the U.S. Department of State to determine whether a visa is required and if so, to learn how to apply for a visa if your spouse or dependent is not Citizens of Canada and Mexico
Advantages of TN Visa
- TN status may be granted for up to three years, the same duration as an H-1B visa.
- TN status is easier to have approved than other work visas such as the H-1B
- There are two ways to apply for a TN status: 1) in person at a port of entry (POE) to the United States, such as a major Canadian airport or a land border; or 2) the employer files a petition to USCIS
Disadvantages of TN Visa
- It only applies to a specific group of professions
- Specifically, you must qualify under one of the 60+ professions on the professional occupations list in order to be eligible for TN status
- The Canadian citizen must demonstrate an intention to return to Canada upon the expiration of TN status
- It is more difficult to apply for an employment-based green card
There are ways to apply for an employment-based green card while in TN status. Contact a reliable attorney to get answers to your immigration questions.
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