TN Visa Explained for Canadians and Mexicans Seeking Work in the US
The TN Visa offers an excellent opportunity for Canadian and Mexican professionals who want to work in the U.S. under the United States-Mexico-Canada Agreement (USMCA). However, the application process can be tricky. What if it feels confusing or you miss an important step? You may need the help of a Jacksonville immigration lawyer TN Visa to ensure everything goes smoothly.
An experienced immigration lawyer can guide you through the process and help avoid delays. Keep reading to learn how to start your journey confidently and ensure your TN Visa application is successful.
Quick Summary:
- The TN Visa allows Canadian and Mexican professionals to work temporarily in the U.S. under the USMCA. This nonimmigrant visa supports skilled workers by allowing them to fill professional roles like engineers, accountants, and healthcare workers. The visa is initially granted for up to three years and can be renewed indefinitely, allowing professionals to continue contributing to the U.S. economy.
- Applicants must meet various requirements, including being a citizen of Canada or Mexico and holding the necessary qualifications for a specific profession under the USMCA. A valid job offer from a U.S. employer is needed, and the job must require a NAFTA professional. Educational qualifications like a bachelor’s degree are generally required, with some exceptions for specific professions.
- Canadian citizens can apply directly for a TN Visa at U.S. ports of entry or major international airports, making the process simpler compared to other applicants. They do not need a visa stamp and can present their documents for immediate approval by a CBP officer. The required documents include a valid passport, a job offer letter, and proof of qualifications.
- Mexican citizens must apply for a TN Visa at a U.S. consulate in Mexico. They need to complete the Form DS-160, attend an interview, and submit necessary documents such as a job offer letter, proof of qualifications, and past work experience. Once approved, they can travel to the U.S. and start working with their TN Visa.
- The TN Visa offers several benefits, such as faster processing times, no annual caps, and the ability for dependents to join the visa holder in the U.S. However, it is limited to specific occupations, and dependents cannot work. Additionally, the TN Visa is non-immigrant, meaning holders cannot easily transition to permanent residency without complications.
TN Visa and its Purpose
The TN Visa, originally created under NAFTA and continued under the USMCA, offers Canadian and Mexican citizens a valuable opportunity to work in professional roles in the United States temporarily. This nonimmigrant visa lets individuals enter the U.S. to engage in specific professional business activities. The goal is to strengthen economic ties between the U.S., Canada, and Mexico by providing skilled professionals the chance to contribute to the U.S. economy.
The Key TN Visa Requirements
Several important requirements must be met to qualify for the TN Visa. Here’s a breakdown of what’s necessary for Canadian and Mexican professionals:
Citizenship Requirement
You must be a citizen of Canada or Mexico to apply for a TN Visa. Permanent residents of either country are not eligible. Permanent residents of either country cannot apply. You must also have a valid passport from your home country.
Educational and Experience Requirements
The TN Visa generally requires that you hold a bachelor’s degree for most professions. Some professions may allow you to substitute experience for the degree, but only in some instances. For example, land surveyors may hold federal licenses, but other professions typically require academic credentials.
If your degree is from outside the U.S., Canada, or Mexico, you may need to provide a credential evaluation to prove its equivalence to a U.S. degree. Additionally, you may need to provide professional licenses from your home country if required by the profession.
Prearranged Job with a U.S. Employer
To qualify for a TN Visa, your U.S. employer must provide a clear and detailed job offer that outlines your role, responsibilities, employment duration, and required qualifications. Your employer must also have a worksite in the U.S., including Washington, D.C. and Puerto Rico. Employment in Guam, the Northern Mariana Islands, American Samoa, or the U.S. Virgin Islands does not qualify for the TN Visa.
Additionally, part-time employment is acceptable under the TN Visa, but self-sponsorship is not permitted—you cannot sponsor your TN Visa through your company.
Must Be a Member of a NAFTA Profession
One key requirement for the TN Visa is that you must be a member of one of the professions listed under the USMCA. The USMCA provides an extensive list of professions that qualify for this visa, including, but not limited to, engineers, accountants, and healthcare professionals. Each profession has specific educational or licensure requirements that you must meet.
A Job in the U.S. Must Require a NAFTA Professional
To qualify, your position in the U.S. must require a NAFTA professional. In other words, the job must require someone with the qualifications listed under the USMCA professions. When applying, you’ll need to submit a job offer letter from a U.S. employer detailing your role, responsibilities, qualifications, salary, and duration of employment. Immigration officers primarily focus on the job duties rather than the title, so the job must align with the qualifications for the TN Visa profession.
Certain professions, such as management consultants, scientific technicians, and healthcare professionals, may undergo more scrutiny to ensure the role aligns with the required qualifications.
How To Apply for a TN Visa
The application process for a TN Visa differs depending on whether you are a Canadian or Mexican citizen. Canadians can apply directly at a U.S. port of entry, while Mexicans must apply at a U.S. consulate before entering the U.S. Below are the steps for each group:
For Canadian Citizens
Canadian citizens enjoy a simplified process for applying for a TN Visa. They do not need a visa stamp, and they can apply for TN status directly at a U.S. port of entry or major international airport in Canada. If you’re already in the U.S. on a valid visa, you can apply to modify your status to TN through USCIS using Form I-129.
To apply for a TN Visa at the U.S. border, Canadian citizens will need the following documents:
- A valid Canadian passport
- A job offer letter from a U.S. employer detailing your qualifications and job responsibilities
- Proof of your professional qualifications, such as diplomas, licenses, or relevant experience
- Completed TN Visa application forms
Canadian citizens can apply for TN status in the U.S. Class A ports of entry, pre-clearance stations, or international airports. A Customs and Border Protection (CBP) officer will review the application and, if approved, issue an I-94 form as proof of TN status. No visa stamp is required.
For Mexican Citizens
Mexican citizens must apply for the TN Visa at a United States consulate in Mexico. If you’re already in the U.S. on valid status, you can apply to change your status to TN using USCIS. Mexican citizens must provide the following documentation for their TN Visa application:
- A valid Mexican passport
- A job offer letter from a U.S. employer, outlining the job and your qualifications
- Evidence of your educational qualifications, such as degrees, professional licenses, or certifications
- Form DS-160 confirmation page
- Proof of prior work experience or self-employment, if applicable
The process includes:
- Complete Form DS-160: Fill out the online application form and print the confirmation page with the barcode.
- Schedule an Interview: Book your interview at the nearest U.S. consulate in Mexico.
- Attend the Interview: Bring all the required documents to the interview. If approved, the consular officer will explain how to retrieve your passport with the TN Visa.
Duration and Renewal Process
The TN Visa is granted for an initial period of up to three years. However, it can be renewed indefinitely as long as you continue to meet the eligibility requirements. Each renewal application is subject to U.S. Customs and Border Protection (CBP) approval.
Can You Work for Multiple Employers on a TN Visa?
Yes, the TN Visa allows you to work for multiple employers, as long as each employer is listed on your visa. You can also work for a Canadian or Mexican company and qualify for the TN Visa, provided you offer services to a U.S. client and the foreign employer has a business relationship with the U.S. company. However, each employer must submit a separate petition, and the job duties with each employer must meet the TN Visa requirements.
What are the Key Benefits of the TN Visa?
The TN Visa offers several advantages to Canadian and Mexican professionals seeking to work in the U.S. It is an appealing option due to its streamlined process and flexibility. Some of the key advantages include:
- Faster Processing: The TN Visa can be processed more quickly than other visa types, making it an attractive option for professionals and employers needing immediate staffing.
- No Annual Caps: Unlike many other work visas, the TN Visa is not subject to annual caps or limits, which means the application process is often more straightforward.
- Validity and Renewal: TN Visas are granted for an initial period of up to three years and can be renewed indefinitely as long as the visa holder continues to meet the eligibility requirements.
- Border Application for Canadians: Canadian citizens have the convenience of applying for a TN Visa directly at the border, without needing prior approval from U.S. immigration, which simplifies the process.
- Dependents’ Admission: The TN Visa allows spouses and children under 21 to join the visa holder in the U.S. under TD nonimmigrant status, enabling families to stay together during the visa holder’s employment in the U.S.
What are the Limitations of the TN Visa?
While the TN Visa provides many advantages, it also has some limitations. These limitations may affect the decision-making process for some applicants. Key disadvantages include:
- Occupation Specificity: Under the USMCA, the TN Visa is limited to specific professional occupations. This restriction may not be ideal for individuals in unqualified professions.
- Dependents Cannot Work: Although dependents can accompany the TN Visa holder, they are not permitted to work in the U.S. This can be a disadvantage for families relying on dual incomes.
- Non-Immigrant Status: The TN Visa is a non-immigrant visa, which does not allow for “dual intent.” This means TN Visa holders cannot pursue permanent residency (green card) without complications while on TN status. This limitation can pose challenges for professionals seeking long-term employment or settlement in the U.S.
Want to Start Your TN Visa? Call Our Jacksonville Immigration Lawyer TN Visa Now!
Applying for a TN Visa often comes with many challenges. A simple mistake in your job offer letter or missing key documents can delay your application and cause unnecessary stress. At Scarborough Law LLC, we understand these obstacles and have years of experience helping professionals with employment-based immigration services.
We handle everything from spousal visas to fiancé(e) K-1 visas, as well as business immigration. Our team is familiar with the specific requirements of the TN Visa and can guide you through the process with clarity and ease. If you’re ready to take the next step, contact us for a consultation, and let us help you confidently move forward.