TN Visa Guide for Canadian and Mexican Professionals under USMCA

The TN visa is a nonimmigrant classification under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. It allows qualified professionals from Canada and Mexico to enter the U.S. temporarily for prearranged employment in specific occupational categories. With streamlined processing and no annual cap, the TN visa offers a practical route for cross-border workforce mobility.

Distinct from other U.S. work visas, the TN classification supports expedited entry for eligible professionals in fields such as engineering, law, science, education, and healthcare. It is especially attractive to employers seeking to fill specialized roles quickly without navigating lengthy lottery-based systems like the H-1B.

This guide covers the full scope of the TN visa: eligibility, application steps, document requirements, distinctions between Canadian and Mexican applicants, renewal rules, and how it compares to similar visa categories. It is intended for professionals, HR decision-makers, and employers evaluating employment-based entry options under the USMCA framework.

What is a TN Visa and Who is it for?

The TN visa is a nonimmigrant work visa that enables certain qualified Canadian and Mexican citizens to work in the United States under the terms of the United States-Mexico-Canada Agreement (USMCA). It is designed for professionals engaged in prearranged business activities for a U.S. employer in specific fields.

Key Characteristics of a TN Visa

• Treaty-based Eligibility: Only available to citizens of Canada and Mexico—permanent residents are not eligible.
• Limited to Designated Occupations: The position must fall within a list of over 60 professional categories outlined in the USMCA, such as engineers, accountants, scientists, and medical professionals.
• Temporary Entry: Intended for short- to medium-term employment, though it can be extended indefinitely in three-year increments.
• No Annual Cap: Unlike the H-1B visa, there is no numerical limit on the number of TN visas issued each year.

Who is it for?

• Canadian and Mexican professionals with academic credentials or licenses in eligible occupations.
• U.S. employers looking to fill specialized roles efficiently and without petitioning through the H-1B lottery.
• Human Resources teams managing cross-border staffing needs.

Why It Matters

The TN visa provides a relatively fast and cost-effective way for businesses to hire eligible professionals from North America, while offering workers a streamlined path to live and work in the U.S. without undergoing lengthy sponsorship processes.

TN-1 vs. TN-2: Canadian vs. Mexican Applicants

While both Canadian and Mexican citizens can qualify for TN status under the USMCA, the process for obtaining the visa differs depending on the applicant’s nationality. The classification terms “TN-1” (for Canadians) and “TN-2” (for Mexicans) are unofficial shorthand, but they help distinguish the procedural differences between the two paths.

TN-1: Canadian Citizens

• Visa Not Required: Canadian citizens do not need to obtain a visa from a U.S. consulate before entering the United States in TN status.
• Apply at Port of Entry: Most Canadian applicants apply directly at a U.S. Customs and Border Protection (CBP) port of entry or pre-flight inspection station.
• Alternate Option – USCIS Filing: A U.S. employer may also file Form I-129 with USCIS in advance. Once approved, the Canadian applicant can enter the U.S. with the approval notice and other supporting documents.
• Faster Turnaround: Applying at the border typically offers faster processing and same-day adjudication.

TN-2: Mexican Citizens

• Visa Required: Mexican citizens must apply for a TN visa at a U.S. consulate or embassy in Mexico before traveling to the U.S.
• Consular Interview: The application process includes submitting Form DS-160, paying the visa fee, and attending an interview.
• Entry at Port of Entry: After visa approval, applicants may enter through CBP-designated ports or preclearance locations.
• Advance Planning Needed: The consular process adds additional time, making it less immediate than the TN-1 process for Canadians.

Key Differences between TN-1 and TN-2 visas at a Glance

Understanding these differences is essential for both applicants and employers to select the most efficient and compliant route for TN authorization.

Who is Eligible for TN Classification?

The TN visa classification is reserved for Canadian and Mexican citizens seeking temporary entry into the United States to engage in professional-level work. Eligibility depends on meeting several tightly defined criteria, including occupation, citizenship, employment terms, and academic or professional credentials.

Professions Covered Under the USMCA

To qualify for TN status, the job must fall under a list of professions outlined in the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. There are approximately 60 designated professions, including but not limited to:

• Accountant
• Architect
• Computer Systems Analyst
• Economist
• Engineer
• Graphic Designer
• Industrial Designer
• Interior Designer
• Land Surveyor
• Lawyer (including Notary in the province of Quebec)
• Management Consultant
• Mathematician/Statistician
• Medical and Allied Professions (e.g., Dentist, Dietitian, Pharmacist, Physical Therapist, Registered Nurse, Veterinarian)
• Scientific Professions (e.g., Biologist, Chemist, Geologist, Physicist)
• Teacher (Elementary, Secondary, College, University)
• Technical Publications Writer
• Urban Planner

A complete and up-to-date list of eligible professions can be found here.

Citizenship Requirement

• Applicants must be citizens of either Canada or Mexico.
• Permanent residents of Canada or Mexico are not eligible for TN status.
• A valid passport is required to prove citizenship.

Pre-Arranged Employment in the U.S.

• A job offer must be secured before applying for TN status.
• The position must be temporary in nature, even if the employment period is renewable.
• The job must correspond with a listed TN profession and require the professional qualifications associated with that role.

Educational and Credential Requirements

• Most TN professions require a bachelor’s degree or higher in a directly related field.
• Some roles (e.g., Management Consultant, Scientific Technician) may accept equivalent professional experience in lieu of a degree, but these are exceptions.
• Supporting documents typically include:
  • Diplomas and transcripts
  • Professional licenses or certifications (if applicable)
  • Credential evaluations (especially for foreign degrees)

Meeting all four of these eligibility pillars—citizenship, profession, pre-arranged employment, and credentials—is essential for securing TN status. Incomplete or mismatched documentation can lead to denials or delays.

Step-by-Step Application Process

The TN visa application process differs based on whether the applicant is a Canadian or Mexican citizen. While both pathways ultimately grant the same TN status, the application procedures vary in terms of documentation, processing time, and points of entry.

For Canadian Citizens

Canadian applicants benefit from a streamlined process and are generally not required to obtain a visa in advance.

Option 1: Apply at a U.S. Port of Entry (Most Common)

• No prior petition or consular appointment required.
• Applicant presents documentation directly to U.S. Customs and Border Protection (CBP) at a land border crossing or airport with preclearance.
• Required documents:
  • Proof of Canadian citizenship (valid passport)
  • Offer letter from the U.S. employer detailing job title, duties, duration, and TN-eligible profession
  • Evidence of qualifications (degrees, licenses, transcripts)
  • Credential evaluation (if degree was obtained outside North America)

Option 2: Employer-Filed Form I-129 (Alternative)

• U.S. employer files Form I-129 with USCIS on behalf of the Canadian worker.
• Once approved, the applicant presents:
  • I-797 Approval Notice
  • Copy of the full I-129 petition and supporting documentation
• This route is commonly used when the applicant is already in the U.S. and seeking a change or extension of status.

For Mexican Citizens

Mexican citizens must follow a two-step process involving a visa application and consular interview.

Step 1: Apply for a TN Visa at a U.S. Consulate

• Complete Form DS-160 (Online Nonimmigrant Visa Application)
• Schedule an interview at a U.S. embassy or consulate in Mexico
• Required documents:
  • Valid Mexican passport
  • DS-160 confirmation page
  • Job offer letter from the U.S. employer
  • Proof of qualifications (degrees, licenses, translations)

Step 2: Apply for Admission at a U.S. Port of Entry

• Upon visa approval, applicant travels to a designated CBP port of entry
• Presents passport with TN visa and supporting documents
• Undergoes inspection by a CBP officer
• If deemed admissible, receives TN status and I-94 record

Duration, Extensions, and Renewals: How long can you stay on a TN visa?

The TN visa offers a flexible, renewable framework for Canadian and Mexican professionals seeking to live and work in the United States. However, the visa’s temporary nature and employer-specific conditions require ongoing compliance with U.S. immigration regulations.

Initial Period of Stay

• Standard validity: Up to 3 years for both Canadian and Mexican citizens.
• Duration granted is based on the length of the employment offer and the CBP officer’s discretion at the port of entry or consular adjudication.

Renewing or Extending TN Status

TN status can be extended indefinitely in three-year increments, provided the applicant continues to meet all eligibility criteria. There is no maximum number of renewals, but each extension must continue to reflect temporary, nonimmigrant intent.

Extension Options:

• File Form I-129 with USCIS while in the U.S. (employer must initiate)
• Exit and reapply at a port of entry or consulate with updated employment documents

Special Considerations

• Job changes require a new TN application, even within the same company, if duties or roles differ materially.
• No dual intent: Unlike the H-1B, the TN visa requires maintenance of nonimmigrant intent. Repeated renewals or a transition to a green card may trigger additional scrutiny.
• Revalidation through departure: For those seeking to avoid delays in USCIS processing, leaving the U.S. and reapplying at the border with a new employment letter is a common and legal option.

TD Visa for Dependents of TN Visa Holders

Spouses and unmarried children under 21 of TN visa holders may accompany or follow to join under the TD nonimmigrant classification. While TD status allows family members to reside in the U.S. during the principal TN visa holder’s stay, there are important limitations and eligibility factors to consider.

Who Qualifies for TD Status?

• Spouse of a TN-1 or TN-2 visa holder
• Unmarried children under 21
• Must demonstrate genuine family relationship through marriage or birth certificate documentation

Work and Study Authorization

• TD visa holders cannot work in the United States under any circumstance
• Study is permitted, including full-time academic programs

Application Process

For Canadian Citizens:

• No visa required in advance
• Present proof of relationship (marriage or birth certificates) at the port of entry
• May accompany or follow to join the TN visa holder

For Mexican Citizens:

• Must apply for a TD visa at a U.S. consulate or embassy
• After approval, may enter the U.S. and apply for admission at a port of entry
• Same documentation requirements apply

Duration and Extensions

• TD status is granted for the same period as the TN visa holder
• Extensions are possible through:
  • Form I-539 (for dependents in the U.S.)
  • Reentry with updated TN documentation if applying abroad
• If the TN visa holder changes employers or status, TD family members must also update their status accordingly

TN Visa vs. H-1B Visa: Key Differences

While both the TN and H-1B visas allow foreign professionals to work in the United States, they differ significantly in eligibility criteria, processing timelines, costs, and long-term immigration potential. Understanding these distinctions helps employers and applicants choose the most strategic pathway.

Overview Comparison

Key Considerations

• Flexibility: TN visas are faster and easier to obtain, particularly for Canadians entering at the border.
• Job Mobility: H-1B visa holders have greater flexibility to change employers under AC21 portability.
• Green Card Pathways: While TN visa holders may apply for a green card, the non-dual intent nature can pose risks if not timed carefully. H-1B visa status accommodates immigrant intent more clearly.
• Cost: TN visas involve fewer legal and filing fees compared to H-1B petitions.

Why Work with Benach Pitney Reilly Immigration?

Navigating the TN visa process—especially when dealing with port-of-entry filings, employer petitions, or long-term immigration planning—can benefit from experienced legal counsel. Benach Pitney Reilly Immigration provides comprehensive support to both professionals and employers seeking efficient and compliant outcomes.

• Extensive Experience with TN and Employer Petitions
  The firm regularly represents Canadian and Mexican professionals, as well as U.S.-based employers, in preparing TN visa filings, including Form I-129 petitions and supporting documentation tailored to USMCA requirements.
• Support for Border Applications, Renewals, and Change-of-Status Filings
  Whether applying at the border, renewing TN status from within the U.S., or transitioning from another visa category, the team offers clear guidance and strategic preparation to reduce the risk of denial or delay.
• Customized Legal Strategies for Green Card Planning
  While TN visas are nonimmigrant in nature, many professionals ultimately seek permanent residence. Benach Pitney Reilly Immigration advises on dual intent issues, employment-based green card options, and transition pathways that align with long-term goals while maintaining TN compliance.

Ready to Apply for a TN Visa?

Whether representing a U.S. employer or a Canadian or Mexican professional, navigating the TN visa process demands precision, preparation, and strategic insight. From confirming eligibility under the USMCA profession list to compiling supporting documentation and anticipating border scrutiny, the stakes are high—and errors can lead to costly delays or denials.

The legal team at Benach Pitney Reilly Immigration brings decades of experience advising companies and individuals on TN visa filings, border applications, change-of-status requests, and long-term immigration planning. Our tailored approach ensures compliance with USCIS and CBP requirements while positioning applicants for success from the outset.

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Explore our other related services:

Temporary Work Visas

Adjustment of Status Through Employment

National Interest Waivers (NIW)

Waivers of Inadmissibility

Start with confidence. Contact Benach Pitney Reilly Immigration to schedule a consultation and receive individualized support tailored to your employment-based immigration goals.