TN Visa: What Is TN Visa, TN Visa Requirements, How To Get TN Visa
Canadian and Mexican professionals can obtain a TN visa to work in USA.
Generally, citizens from foreign countries who wish to work in the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.
The TN visa is a separate visa category from the H-1B visa.
Our TN Visa Lawyers discuss all you need to know about the TN Visa for USA. We have experience with TN Visa for professionals from Canada and Mexico and share our knowledge regarding TN Visa for all those interested in applying for one with the help of an experienced lawyer.
What is TN Visa?
The TN Visa is a nonimmigrant visa that allows citizens of Canada and Mexico to live and work in the United States in order to engage in business activities at a professional level.
The TN Visa is created by the US-Mexico-Canada Agreement (USMCA) which replaced the NAFTA. The criteria for TN visa admission under the USMCA are the same as under NAFTA. The TN Visa is commonly known as NAFTA Professional Visa.
Unlike other US visas, the TN Visa is only available to Canadian and Mexican citizens.
Unlike the H1-B Visa and other employment-based green cards that require a formal sponsorship from a U.S. Company, the TN Visa does not require a Labor Condition Application (LCA) from the U.S. Department of Labor (DOL).
Canadian and Mexican citizens are admitted in TN visa status to provide services in certain NAFTA professions and can be admitted in up to 3-year increments for full-time or part-time employment.
Prior to obtaining the TN visa and engaging in professional activities in the US, you must have a job offer from a US employer.
There is no cap on the number of TN visas issued each year.
What are the benefits of TN Visa?
Our immigration experts say the TN visa offers several advantages for professionals:
- Exclusive to Canadian and Mexican citizens: Only professionals from Canada or Mexico can qualify for TN visa.
- No Labor Certification needed: US Employers do not need to obtain an approved Labor Condition Application to hire you.
- Work flexibility: You can work part-time or full-time, and even for multiple employers in the US
- Multiple entries: You can travel in and out of the United States multiple times.
- Dependent status for family: You can bring your spouse and unmarried children under 21 (on a TD visa) to live with you in the US.
- Education: Your spouse and children can enroll in U.S. schools and universities, full-time or part-time.
- Renewable: You can renew the TN Visa indefinitely as long as you meet the requirements, allowing you and your family to potentially stay in the United States for an extended period.
- Fast processing: The TN Visa application process is fast, with an option for premium processing (15 days) for extensions or changes of status within the United States.
TN Visa Requirements
To qualify for TN Visa, you must meet the following requirements:
- You are a citizen of Canada or Mexico
- You are a member of one of the NAFTA Professions
- Position in the United States requires a NAFTA Professional
- You meet the educational requirements and experience for the profession
- You have a prearranged full-time or part-time job with a US employer. Self-employment does not qualify for TN Visa.
A. You are a citizen of Canada or Mexico
To be eligible for a TN Visa you must be a citizen of Canada or Mexico. Only those individuals with a Canadian or Mexican passport can successfully apply.
Permanent residents of Canada and Mexico do not qualify.
B. You are a member of one of the NAFTA Profession
To qualify for a TN Visa, you must be a member of a profession on the NAFTA list (now USMCA) Appendix 2.
The USMCA provides the list of professions and corresponding educational or licensure requirements necessary to obtain a TN Visa. For a complete list of professions and minimum requirements and credentials, please visit the USMCA list.
You cannot come to the United States to provide services in occupations other than those listed in the USMCA.
C. Position in the United States requires a NAFTA Professional
To qualify for a TN visa, you must have job offer from a US employer for a professional assignment in the United States.
To secure a TN visa, you must provide a job offer letter from a prospective employer. The employment letter should outline your position, duties and responsibilities, educational qualifications, duration, purpose of employment and salary.
When evaluating TN eligibility, immigration officers focus on the duties and not on the job title.
Certain NAFTA professions are subject to increased scrutiny such as those of Management Consultants, Scientific Technicians and Technologists, Medical and Health Care Professionals or Hotel Managers.
While this visa applies to various professions, navigating the process can be complex, particularly when your degree does not directly align with the job duties. You should consult a TN visa lawyer to maximize your chances of success.
D. You meet the educational requirements and experience for the profession
To qualify for TN Visa, you must possess the education or experience required for your profession. In most cases, this means a bachelor’s degree and any mandatory professional licenses.
Out of the NAFTA professions, only the profession of land surveyor allows a foreign national to hold a federal license.
Most NAFTA professions require a bachelor’s degree. If a bachelor’s degree is required, then experience cannot be substituted for the degree, unless the requirements for the profession specifically state that experience is accepted in lieu of a bachelor’s degree.
The regulations do not specify which bachelor’s degrees or majors are suitable for a particular NAFTA profession. However, our experienced TN Visa lawyer explain that your degree should be closely related to the NAFTA profession you are applying for.
To satisfy the bachelor’s degree requirement, you can present a degree from an accredited college or university in any country (USMCA or non-USMCA countries). If your degree is from outside the USMCA countries (Mexico, Canada, or the US), then you should contact an experienced immigration lawyer to discuss your options.
Generally, if you obtained the degree outside the NAFTA countries, then you must obtain an academic evaluation by a credential evaluation company.
For professions where experience is part of the qualification, you need to demonstrate that you possess the required experience.
With respect to those NAFTA professions that require post-secondary diplomas and/or certificates, the degrees must be obtained from an institution in Canada, Mexico or the United States.
For TN professions requiring a license, you can present your license from Mexico or Canada, as long as it qualifies you to practice in that country.
E. You have a prearranged job with a US employer. No self-employment.
To be eligible for TN visa, you must have a prearranged job offer from a US employer.
An employment agency cannot hire or sponsor a TN visa professional if the agency does not have a job placement for the applicant.
You can obtain a TN visa for part-time or full-time employment.
The TN visa is not designed for self-employment. You cannot use it to start your own business or practice within the US.
To learn more about opening a business in the United States, visit visa options to start a business in USA, can a foreigner open a business in USA, can you buy a business in USA as a foreigner, can a foreigner open a restaurant in USA and opening an LLC with foreign partners.
The TN visa can be used for internships and fellowships, but only if the duties undertaken at a professional level.
TN Visa Professions List
| GENERAL PROFESSIONS | |
| PROFESSION | MINIMUM 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 3 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 3 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 3 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 3 years’ experience in hotel/restaurant management |
| Industrial Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and 3 years’ experience |
| Interior Designer | Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and 3 years’ experience |
| Land Surveyor | Baccalaureate or Licenciatura Degree or state/provincial/federal license |
| Landscape Architect | Baccalaureate or Licenciatura Degree |
| Lawyer (including Notary in the province of Quebec) | L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (5 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 5 years’ experience as a management consultant, or 5 years’ experience in a field of specialty related to the consulting agreement |
| Mathematician (including Statistician) | Baccalaureate or Licenciatura Degree |
| Range Manager/ Range Conservationist | Baccalaureate or Licenciatura Degree |
| Research Assistant (working in a post-secondary educational institution) | Baccalaureate or Licenciatura Degree |
| Scientific Technician / Technologist | Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (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 |
| Sylviculturist (including Forestry Specialist) | Baccalaureate or Licenciatura Degree |
| Technical Publications Writer | Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and 3 years’ experience |
| Urban Planner (including Geographer) | Baccalaureate or Licenciatura Degree |
| Vocational Counselor | Baccalaureate or Licenciatura Degree |
| MEDICAL PROFESSIONS | |
| PROFESSION | MINIMUM REQUIREMENTS |
| 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 (Mexico and the United States) | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and 3 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. Doctor en Medicina; or state/provincial license |
| Physiotherapist/ 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 |
| SCIENTIST PROFESSIONS | |
| PROFESSION | MINIMUM REQUIREMENTS |
| Agriculturist (including Agronomist) | Baccalaureate or Licenciatura Degree |
| Animal Breeder/Scientist | Baccalaureate or Licenciatura Degree |
| Apiculturist | Baccalaureate or Licenciatura Degree |
| Astronomer | Baccalaureate or Licenciatura Degree |
| Biochemist | Baccalaureate or Licenciatura Degree |
| Biologist (including Plant Pathologist) | 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 |
| Geochemist | Baccalaureate or Licenciatura Degree |
| Geologist | Baccalaureate or Licenciatura Degree |
| Geophysicist (including Oceanographer in Mexico and the United States) | 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 |
| TEACHER PROFESSIONS | |
| PROFESSION | MINIUMUM REQUIREMENTS |
| College Professor | Baccalaureate or Licenciatura Degree |
| Seminary Professor | Baccalaureate or Licenciatura Degree |
| University Professor | Baccalaureate or Licenciatura Degree |
TN Visa Employer Requirements
To qualify for TN visa, you need is a detailed job offer letter from your U.S. employer outlining the employment terms including:
- Job description
- Job duties and responsibilities
- Purpose of employment
- Employment duration, and
- Your educational qualifications for the position
Your US employer must have a worksite within the United States (including D.C. and Puerto Rico). Employment opportunities in Guam, the Northern Mariana Islands, American Samoa or the U.S. Virgin Islands do not qualify.
You can secure a TN visa for part-time work.
You cannot self-sponsor a TN Visa through your own company.
There is no minimum salary that the employer is required to pay TN employees.
TN visa work flexibility
- Multiple Employers: TN visa allows you to work for more than one employer, as long as all employers are listed on your visa.
- Work for Canadian/Mexican Companies: You can be employed by a Canadian or Mexican company and still qualify for a TN visa to provide services in the US on behalf of your foreign employer.
- Serving US Clients: This allows TN visa holders to work for a foreign company and perform services in the US for a US client, as long as the two companies have a business relationship.
TN Visa Application for Canadian citizens
Simplified TN visa process for Canadians:
- No visa stamp: You do not need to apply for a TN visa at a US consulate.
- Visa-Exempt Entry: You are visa exempt. As a Canadian citizen, you can apply for your TN visa at a US port of entry or major international airports in Canada.
- Change of Status Option: If you are already in the US with a valid visa status, you can apply to change your status to TN through USCIS using Form I-129.
Exceptions to the simplified process:
- Family Sponsorship and Third-Country Residence: Canadian citizens residing in a third country with non-Canadian family members need a TN visa from a US Consulate to qualify their family for derivative TD visas.
TN Visa document checklist for Canadians:
- Canadian passport
- A letter from your US employer outlining your duties, required education and experience, salary, and length of your stay
- Proof of your credentials for the TN profession, including diploma, licenses or experience
- Completed and signed TN visa application forms
What is the TN visa process for Canadian citizens?
Canadian citizens can apply for TN status directly at the US border with a pre-arranged job offer in your profession. You do not have to file a petition with USCIS or obtain a TN visa from a US Consulate.
- TN status process at US border.
Canadian citizens can apply for TN status at three locations – U.S. Class A port-of-entry, a U.S. pre-clearance/ pre-flight station or an international U.S. airport (arrivals only).
TN Visa Application Timeline:
- Pre-Application: Contact your desired US port of entry in advance to confirm their specific TN application process.
- Same-Day Decision: TN applications are typically adjudicated on the spot by US Customs and Border Protection (CBP) officers.
- Airport Applications: If applying at an airport, plan to submit your TN application on the day of your flight.
If your TN application is approved, the CBP officer issues an I-94 form as proof of your TN status. There is no need for a physical visa stamp in your passport.
- TN status process via USCIS
Alternatively, if you are outside the United States, your US employer can file an I-129 Petition for Nonimmigrant Worker on your behalf with USCIS (premium processing available).
Once approved, you can apply for TN status directly at a US port of entry or pre-clearance location. You must present a copy of the petition, approval notice, and supporting documents to the CBP officer.
If you are physically present in the United States and you have no plans to travel, your US employer can request a change of status to TN on your I-129 Petition.
TN Visa Application for Mexican citizens
If you are a Mexican citizen with expertise in one of the 60 professions on the NAFTA list, a TN visa could be your key to working in the US. This visa allows temporary residence and work in the US for qualifying professions.
Mexicans can apply for a TN visa at a US consulate in Mexico or, if already in the US with valid status, directly through USCIS.
Your TN visa is valid for a maximum of three years. You can renew your TN visa indefinitely, as long as you continue to meet eligibility requirements. However, each renewal application is subject to individual approval by CBP.
As a Mexican TN visa holder, your spouse and children under 21 can join you in the US with a TD dependent visa. While TD visa holders cannot work, they can pursue full-time education in the US.
What is the TN visa process for Mexican citizens?
Unlike Canadians, Mexicans must apply for a TN visa in person at a US Consulate or Embassy in Mexico before traveling to the US.
Step-by-step process for Mexican citizens:
- Complete and file online Form DS-160. You can access the online DS-160 by clicking here.
- Print the DS-160 confirmation page (the DS-160 barcode page) and keep it for the consular interview.
- Schedule and pay for your TN visa interview here.
- Bring all the supporting documents to your TN visa interview. You should prepare the following documents for your TN visa interview at the US Embassy or Consulate:
- Passport valid at least 6 months
- Form DS-160 confirmation page with barcode
- Visa issuance payment receipt
- Contract or letter of employment in from US employer. The job letter must include detailed information about the US company, position and applicant.
- Proof you are qualified for the position and meet the minimum education and/or work experience for the profession including college diploma, degrees, professional licenses and certificates, memberships in professional associations. To prove experience, you must provide letters from past employer or if you were self-employed you must provide records of your business.
- Prepare and attend your TN visa interview. If your TN visa is approved, the consular officer will explain how to retrieve your passport with the TN visa. If further processing is required, the officer will provide details on next steps.
TN Visa Mexico Requirements
The TN visa requirements for Mexicans are:
- You are a citizen of Mexico
- You are a member of one of the NAFTA professions
- The position in the United States requires a NAFTA professional
- You meet the educational requirements and experience for the NAFTA profession
- You have a prearranged full-time or part-time job offer from a US employer (self-employment is not permitted)
TN Visa Process Mexico
If you are outside the US, schedule an interview at a US consulate in Mexico to obtain your TN visa.
If you have a valid US visa status, you can apply to change to TN status by filing Form I-129 with USCIS.
The process to apply for TN Visa for citizens of Mexico is:
- Submit documents along with Ds-160 to US Consulate
- Attend an interview for TN Visa at the US Consulate
- Obtain TN Visa in passport and apply for admission at CBP
Documents required for TN Visa for Mexican citizens include:
- Proof of Mexican citizenship
- Job offer from employer describing the position offered, the applicant’s qualifications, pay rate and length of stay
- Copy of university degree, transcripts (if available) and título or cédula with SEP stamp
TN Visa application timeline
- Step 1: Apply at US Consulate in Mexico: Submit your TN visa application and supporting documents.
- Step 2: Interview Time: Attend an interview with a consular officer to discuss your qualifications.
- Step 3: Visa Approval (if granted): Upon approval, the officer will explain how to retrieve your passport with the stamped TN visa.
TN visa document checklist for Mexico:
- Valid Mexican passport. Your Mexican passport must be valid for at least 6 months.
- Contract or letter of employment in the United States. The letter must include detailed information about the US company, position and the educational qualification and experience of the Mexican TN visa applicant.
- Evidence of degree and/or work experience. Proof that you are qualified for the position and you meet the minimum education and/or work experience for the NAFTA profession for which you are hired including college diploma, degrees, professional licenses and certificates, memberships in professional associations. In order to show that you meet the minimum work experience required, you must provide letters from past employer or if you were self-employed, you must provide records of your business.
- DS-160 Confirmation Page. Complete and file online Form DS-160, print the DS-160 confirmation page and barcode and bring it to the consular interview.
- TN Visa interview appointment. Schedule a visa interview appointment for your TN visa at your nearest US Consulate and pay the visa issuance fee. Bring the payment receipt to the visa interview.
Mexicans who are in the United States with valid status can apply to change to TN status or file a new TN petition with USCIS without leaving the US or attending a consulate interview.
If you file a change of status to TN or a new TN petition with USCIS, your US employer must submit the required documents together with form I-129. TN employment can only begin after USCIS approves your application.
Mexican citizens applying for a TN visa through USCIS can pay an additional fee for premium processing, which speeds up the adjudication process to just 15 calendar days.
How long is Mexican TN Visa Valid?
Mexican TN visas can be issued for either 48 months or 12 months, depending on your specific situation.
TN Visa Frequently Asked Questions
The processing time for TN visa for citizens of Canada applying at border or major international airport in Canada is same day processing. These TN visa applications are processed by the US Customs and Border Protection (CBP) officers.
The processing time for TN visa for citizens of Mexico applying at US Consulate in Mexico is anywhere from couple days to couple months. The processing time depends on interview availability.
The processing time for change of status to TN visa while in the United States at USCIS is 15 calendar days with premium processing or 4 to 6 months with regular processing.
Our TN Visa lawyers advise clients that the TN Visa is usually valid for 3 years or for the duration of the TN Visa assignment.
The period you can stay in the US on a TN Visa is up to 3 years for citizens of Canada and Mexico.
For Mexican citizens applying for TN visa, the TN visa stamp is granted for maximum one (1) year, but the U.S. Customs and Border Protection (CBP) officers can admit Mexican citizens on TN status for up to three (3) years.
The TN visa can be renewed or extended in increments of 3 years indefinitely.
The TN Visa can be renewed or extended indefinitely as long as legal requirements are met and our experienced TN Visa Lawyers explain clients that the extension or renewal can be filed with USCIS maximum 6 months before the expiration date of the TN status, or directly at the port of entry in the case of citizens from Canada or at a U.S. Consulate in the case of citizens from Mexico.
To find our more how to renew or extend the TN Visa visit our page here
With TN visa you can bring your spouse and unmarried children under the age of 21 to the United States. Your dependent spouse and children receive a TD Visa.
The spouse and children are not allowed to work while living in the United States with a TN Visa.
The spouse and children can attend school with a TN visa.
An experienced TN visa lawyer will tell you that if the spouse of a TN visa holder desires to work, then he or she can obtain a separate work visa such as a new TN visa as principal applicant or can qualify for other types of visas in the United States including H-1B visa, E1 visa, E2 visa, L1 visa, L-1 for Canadians, O1 visa and others.
The TN visa is a temporary visa that allows a citizen of Canada or Mexico that is a member of one of the listed NAFTA professions to live and work in the United States and conduct business at a professional level with sponsorship or employment from a US company.
The TN visa applicant can bring their spouse and children under the age of 21 to live in the US. If approved, the spouse and children are admitted to the United States on a TD status and they are not allowed to work during their stay in the US. However, they can attend any educational institution, including private and public schools and universities.
The TN visa does not automatically lead to a green card as it is the case with all other nonimmigrant visas.
Your options to go from TN visa to Green Card are:
Employer-sponsored EB-2 and EB-3 green card
EB-1
EB-2 NIW
EB-5 Investor Visa
Family-sponsored green card
Our experienced TN Visa Lawyers in Miami, Florida, USA can assist with preparing the documentation to meet the TN Visa requirements, the professional job opening and the employee’s experience, licenses and education among others.
Our overall processing time to prepare the TN visa documents is 3 to 4 weeks.
Malescu Law can assist
Our TN visa lawyers in Miami, Florida USAcan discuss and advise on the top TN visa requirements, strategize your immigration case, collect the necessary documents, plan and prepare your Application, Support Letter and Employment Letters and assist with the other steps in obtaining the TN visa. Contact us now or book a consultation!
Malescu Law P.A. – Business Immigration Lawyers