TN Visa

The TN visa is a non-immigrant category which enables Canadian and Mexican citizens to be admitted to the U.S. to work in specific, professional roles.

The TN category was originally created as a part of the North American Free Trade Agreement or NAFTA. NAFTA was later replaced by the United States-Mexico-Canada Agreement or USMCA. The visa requirements and benefits have remained largely the same despite the change.

Some of the main features of the TN Visa are:

1. Only citizens of Mexico or Canada are eligible for TN status. Permanent residents of either country are not eligible.
2. The USMCA has a specific list of professions that qualify for the TN and each listed profession has specific degree, experience and/or certification requirements that the visa applicant must meet in order to be eligible. A complete list of the TN professions and the requirements can be found >here.
3. No prior petition approval in the U.S. is required. Canadian citizens can apply for TN status directly at any port of entry into the U.S. Mexican citizens can apply for a TN visa directly at any U.S. consulate or embassy.

You are eligible for TN status if you are a citizen of Mexico or Canada who has been offered employment in the U.S. in a professional occupation and:

1. The proposed profession is on the NAFTA list
2. You possess the specific criteria for that profession
3. Your prospective position requires someone in that professional capacity
4. You are going to work for a U.S. employer

OR

Check My Eligibility

The TN visa category does not require prior petition approval. This means, unlike other visa categories like the H-1B, L-1, O-1, etc., the U.S. employer is not required to file the Form I-129 and obtain an approval first.

Canadian citizens can apply for the TN directly with Customs & Border Protection at a port of entry. Mexican citizens can apply for the TN visa at a U.S. consulate or embassy.

For Canadian and Mexican citizens who are already in the U.S. however, USCIS does allow employers to submit the Form I-129, Petition to Nonimmigrant Worker in order to request a change of status or extension of status for a TN worker. This means if someone is in valid nonimmigrant status in the U.S., a petition to change their status to TN can be filed so they do not have to travel. The same is true for those already in TN status. The Form I-129 can be filed to extend the status of anyone in the U.S. already in TN status.

Canadian citizens are generally exempt from having to obtain a visa to enter the U.S. As such, in order to obtain TN status, Canadians are permitted to apply directly for the TN with Customs & Border Protection at any port of entry.

You must provide the following at the port of entry when applying for the TN:

1. Your Canadian passport

2. A letter from your employer offering professional employment. This letter should be written on the employer’s letterhead and bear the signature of the person with hiring and/or signature authority. The letter should include:

3. If a degree is required, a copy of the diploma and official transcripts indicating the degree which has been awarded

4. A fee of $56 USD ($50 CBP fee and $6 I-94 fee)

Note: Canadian citizens can apply for a TN at any port of entry into the U.S., however, CBP recommends that applicants utilize their designated ports of entry for optimized processing when applying for a new TN (which includes first-time applicants or those renewing their TN or changing employers). Some ports of entry also recommend calling ahead to make an appointment for admission.

Mexican citizens must obtain a TN visa at any U.S. consulate or embassy.

To receive a TN visa, you must make an appointment at the U.S. consulate and follow any directions regarding the submission of documents and fees for the appointment.

In order to obtain a TN visa, the following documents, forms and information is generally required:

1. Form DS-160, Online Nonimmigrant Visa Application, submitted online

2. A Mexican passport valid for travel to the U.S. and is valid for the intended period of stay in the U.S.

3. A letter from your employer offering professional employment. This letter should be written on the employer’s letterhead and bear the signature of the person with hiring and/or signature authority. The letter should include:

4. If a degree is required, a copy of the diploma and official transcripts indicating the degree which has been awarded

5. A fee of $160 USD

Yes, those in TN status may leave the country and be re-admitted into the U.S. Canadian TN’s will be re-admitted for the remainder of the period of authorized stay as indicated on the original Form I-94, Arrival record as long as the original, intended professional activities and employer have not changed. Mexican TN’s will be re-admitted as long as they have a valid TN visa in their passport and, generally for the period remaining on their visa or TN approval notice, if applicable.

Yes, your spouse and unmarried children under 21 are eligible for TD status. After entry into the U.S., those in TD status can live and study in the U.S., including obtaining higher education at university/college.

Unlike the TN, the TD visa category is not dependent on the country of citizenship or nationality. This means any foreign national is eligible for TD if their spouse or parent is on TN- they do not have to have Canadian or Mexican citizenship.

Canadian citizens can apply for TD status at any port of entry either at the same time as their spouse or parent applies for TN status or after their spouse or parent has obtained TN status.

All other foreign nationals can apply for a TD at a US consulate or embassy either at the same time as their spouse or parent applies for the TN visa or after their spouse or parent has obtained TN visa.

Foreign nationals who are in the U.S. in valid, nonimmigrant status are also eligible to file for a Change of Status or Extension of Stay by filing the Form I-539, Application to Extend/Change Status. They can use the Form I-539 to change status to TD or extend their TD status. The Form I-539 is generally filed with the primary TN holder’s Form I-129 Extension or Change or Status or should be based on the TN spouse’s status.

No, those in TD status are not allowed to work in the U.S. Those in TD status who would like to work will need to seek out alternative work visa options.

Those in valid TN status can extend their TN status or change employer by filing the Form I-129, Petition for Nonimmigrant Worker. When filing the Form I-129 to extend status or change employer, the following documents should be included:

1. A copy of your current passport and most recent Form I-94

2. Evidence of your previous TN approval of status:

3. A letter from your employer offering professional employment. This letter should be written on the employer’s letterhead and bear the signature of the person with hiring and/or signature authority. The letter should include:

4. Copy of the specific diploma(s) and official transcripts, licenses, certification(s), and/or experience letter(s) demonstrating that you have educational background, experience, and/or certifications/licenses necessary for the position as per regulations

5. Payroll documents or other comparable documents showing that you have been receiving remuneration as per your current TN.

Yes, it is possible for Mexican citizens to change employers without having to obtain a brand new visa.

Canadian citizens can change employers or add an additional concurrent employer by going to a port of entry and applying for the TN, as shown above. Mexican citizens generally must obtain a new visa at the U.S. consulate or have their employer file a Form I-129 in order to change employer or add concurrent employment.

Customs & Border Protection has indicated that Mexican citizens who have a valid TN visa in their passport can change employer or add concurrent employment at a port of entry by presenting the valid visa and the new employer’s Offer of Employment (with all required information as described above).

It’s important to remember that this is not an official regulation so a CBP officer, may in his or her discretion, refuse to process the change of employer or refuse the change because they are unfamiliar with this process.