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TN VISA

Overview

The TN visa, established under the North American Free Trade Agreement (NAFTA), now United States-Mexico-Canada Agreement (USMCA), allows qualified Canadian and Mexican citizens to work in the United States in specific professional occupations. This non-immigrant visa is particularly advantageous for professionals in fields such as healthcare, engineering, and education, among others.

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Requirements 

To qualify for a TN visa, applicants must meet several specific requirements:

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  1. Citizenship: The applicant must be a citizen of Canada or Mexico.
     

  2. Profession: The job offer must be in a profession listed in the USMCA. Common eligible professions include:
     

    • Accountant

    • Engineer

    • Lawyer

    • Computer Systems Analyst

    • Interior Designer

    • Teacher (College, University or Seminary)

    • Economist

    • Management Consultant
       

  3. Educational Credentials: Applicants must possess the necessary educational qualifications for the profession, typically a bachelor’s degree or higher in the relevant field. In some cases, professional licenses or certifications may also be required.
     

  4. Job Offer: The applicant must have a job offer from a U.S. employer in one of the designated TN professions. The job must require the applicant's specific professional qualifications, meaning the applicant’s education and experience must directly relate to the job duties.

    The employer must submit a detailed support letter that outlines the nature of the employment, including job title, description of duties, educational and professional qualifications required for the role, as well as the salary or compensation terms.

    The support letter must indicate that the position is a temporary position in the U.S., meaning it has a defined end date, even if the visa can be extended. The TN visa does not lead to permanent residency, so applicants must intend to return to their home country after their authorized stay.
     

  5. Non-Immigrant Intent: TN visa applicants must demonstrate non-immigrant intent, meaning they do not intend to stay permanently in the U.S. Unlike some visa categories that allow for dual intent (such as H-1B), the TN visa requires applicants to show they plan to return to Canada or Mexico after their employment ends.
     

Benefits of a TN Visa

The TN visa offers numerous advantages for qualified professionals from Canada and Mexico. Some of the key benefits include:
 

  • Quick Processing: TN visas can often be processed very quickly, particularly for Canadian citizens, who can apply directly at the U.S. border or a port of entry. In many cases, the application is processed on the same day. Mexican citizens must apply for the visa at a U.S. consulate or embassy, but the process is still typically faster than many other U.S. work visas.
     

  • Unlimited Renewals: While the TN visa is initially granted for up to three years, it can be renewed indefinitely in three-year increments, provided the visa holder continues to meet the qualifications and maintains non-immigrant intent.

    There is no maximum number of renewals, making the TN visa a flexible option for long-term temporary employment in the U.S.
     

  • No Annual Cap: Unlike the H-1B visa, which is subject to an annual quota, the TN visa does not have a numerical cap. This means that any qualified individual from Canada or Mexico can apply at any time without having to worry about availability.
     

  • Dependents: TN visa holders can bring their spouse and children under the age of 21 with them to the U.S. on TD status. TD status allows dependents to live and study in the U.S., though they are not permitted to work while in TD status.
     

  • Lower Cost: The TN visa is often much more affordable to obtain compared to other work visas such as the H-1B, both in terms of application fees and legal costs.
     

How to Apply for a TN Visa

 

The application process for a TN visa varies slightly depending on whether you are a Canadian or Mexican citizen.

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For Canadian Citizens:

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  1. Gather Documentation: Collect the necessary documents, including:

    • Proof of Canadian citizenship (passport)

    • Job offer letter from a U.S. employer

    • Educational credentials: Degrees and Transcripts

    • Resume or CV

    • Any additional documentation relevant to the profession (e.g., licenses).
       

  2. Apply at the Border: Canadians can apply for the TN visa directly at a U.S. port of entry. Present your documentation to the Customs and Border Protection (CBP) officer.
     

  3. Pay the Fee: A processing fee ($56 USD) is typically paid at the time of application.
     

  4. Receive TN Status: If approved, the officer will provide you with TN visa status.
     

For Mexican Citizens:

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  1. Gather Documentation: Similar to Canadian applicants, Mexican citizens need to collect:

    • Proof of Mexican citizenship (passport)

    • Job offer letter from a U.S. employer

    • Educational credentials: Degrees and Transcripts

    • Resume or CV.
       

  2. Visa Application at the US Embassy/Consulate Abroad: Mexican applicants must obtain a TN visa. This is done by completing an online visa application (Form DS-160 and paying the nonimmigrant machine readable visa (MRV), currently $185 USD) and scheduling an interview.
     

  3. Attend Visa Interview: Attend an interview at the U.S. embassy or consulate, where you will present your documents and answer any questions. Mexican citizens may request a 48-month TN visa validity period by paying a higher visa reciprocity fee. Alternatively, they can request a 12-month TN visa validity period by paying a  lower reciprocity fee. This option also applies to TD visa applicants (the dependents of TN visa holders). The visa reciprocity fees are in addition to the $185 visa application fee (MRV fee). The visa reciprocity fee is only charged if the visa is approved.
     

  4. Receive TN Visa: If approved, your passport will be stamped with the TN visa and you may enter the U.S. with your Mexican passport and TN Visa to being TN work. 

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Duration and Extensions of Stay

  1. Initial Stay: TN status is granted for an initial period of up to three years.
     

  2. Unlimited Renewals: The TN can be renewed indefinitely in increments of three years, as long as the foreign worker continues to meet the qualifications. The process for renewing a TN is similar to the original application process. Alternatively, extensions may be sought from within the United States by filing an application (Form I-129) with U.S. Citizenship & Immigration Services.
     

  3. Change of Employer: If the TN worker wishes to change employers, they must apply for a new TN or file a new Form I-129 with USCIS. The new employer must submit all relevant documentation, including a job offer letter and proof of the applicant’s qualifications for the new role.
     

Contact Us

If you’re considering applying for a TN or have any questions about the process, our law firm is here to assist you, don't hesitate to contact us and book a consultation at your earliest convenience. We specialize in U.S. immigration law and can guide you through every step of the application process. Contact us today to schedule a consultation!

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