Business Immigration
TN Visa Attorney
A TN visa allows qualified Canadian and Mexican citizens to work temporarily for U.S. employers in designated professional fields (e.g., accounting, engineering, science, medicine, and academia) under the USMCA. Granted for up to three years, TN status is renewable as long as the position remains temporary. Spouses and unmarried children under 21 can accompany the professional on TD status, which permits studying but prohibits employment.
Overview
When you apply for a TN visa, it is important to understand both the limits of this status and what it does, and does not, allow you to do in the United States. If you work outside the terms of your TN job, change employers without authorization, or remain in the U.S. beyond your approved period, you may lose your status, be removed from the country, and face problems returning in the future. In a focused consultation, we explain these rules clearly so you understand your options, your obligations, and the best strategy for your professional plans.
Eligibility and Employer-Specific Requirements
The TN category is a nonimmigrant status for qualified Canadian and Mexican professionals coming to the United States to work in specific occupations listed under the United States–Mexico–Canada Agreement (USMCA). It is generally appropriate when you have a job offer with a U.S. employer in a designated profession, such as accountant, engineer, scientist, computer systems analyst, or certain medical and academic roles, and you meet the degree or licensing requirements for that occupation. TN status is employer- and position-specific, which means you are authorized to work only for the sponsoring employer in the offered TN role; changes in employer, job duties, or location often require a new filing or an update to your status. We help you and your employer structure the job offer and supporting documents so they align with the TN rules and reduce the risk of problems at the border or with USCIS.
Structuring Your Application for Success
The TN category is a nonimmigrant status for qualified Canadian and Mexican professionals coming to the United States to work in specific occupations listed under the United States–Mexico–Canada Agreement (USMCA). It is generally appropriate when you have a job offer with a U.S. employer in a designated profession, such as accountant, engineer, scientist, computer systems analyst, or certain medical and academic roles, and you meet the degree or licensing requirements for that occupation. TN status is employer- and position-specific, which means you are authorized to work only for the sponsoring employer in the offered TN role; changes in employer, job duties, or location often require a new filing or an update to your status. We help you and your employer structure the job offer and supporting documents so they align with the TN rules and reduce the risk of problems at the border or with USCIS.
Proving Nonimmigrant Intent and Our Legal Services
It is also critical to show that your stay is temporary and that you intend to return to your home country when your TN employment ends, even if you plan to extend your status or change to another visa in the future. Evidence such as family ties, property, ongoing employment or business interests, and other commitments in Canada or Mexico can be important in demonstrating your temporary intent. We work closely with clients to identify and present this information effectively, and to prepare application packages and border or consular strategies tailored to their situation. Because immigration law is federal, we assist TN professionals and their employers throughout the United States, as well as Canadian and Mexican citizens applying from abroad.
FAQs
Frequently Asked Questions
Find answers to common questions about our immigration law services. If you do not see the information you need, please contact our office directly to discuss your specific situation.
- Eligibility, Qualifying Occupations & How to Apply
- Duration, Extensions, Family, Green Card Planning & Denials
What is a TN visa and who qualifies?
The TN visa is a temporary non-immigrant classification that allows certain professionals from Canada and Mexico to work in the United States under the United States–Mexico–Canada Agreement (USMCA), formerly NAFTA. This classification is available only to Canadian and Mexican citizens who have a qualifying job offer from a U.S. employer in a designated TN professional occupation, possess the required degree, license, or credentials for that occupation, and intend to work in the United States on a temporary basis while maintaining non-immigrant intent.
What kinds of jobs and credentials are required?
TN classification is limited to specific professional occupations listed in the USMCA schedule, including fields such as accounting, engineering, law, and the sciences, among others. The offered position must clearly correspond to one of these listed professions and require a qualified professional in that field. The applicant must generally hold at least a bachelor’s degree in a related field and, where applicable, any required professional license or certification.
How do Canadians and Mexicans apply for TN status?
Canadian citizens may apply for TN status directly at a U.S. port of entry, including land border crossings, preclearance locations, or airports, by presenting proof of citizenship, an employer support letter, and evidence of their qualifications. Alternatively, a U.S. employer may file a petition with USCIS to request a change or extension of TN status from within the United States.
Mexican citizens are generally required to apply for a TN visa at a U.S. consulate or embassy before seeking admission at a port of entry. If a Mexican national is already in the United States in another valid non-immigrant status, a U.S. employer may, in many cases, file a petition with USCIS to request a change of status to TN classification without requiring the individual to depart the country.
Can I be self-employed or work as a contractor on a TN?
TN classification generally does not permit self-employment. Individuals may not use TN status to establish or operate their own business in the United States or to work for an entity they own or control. A valid TN arrangement requires a bona fide employer-employee or qualifying professional relationship with a separate U.S. employer or client within a listed TN occupation.
How long can I stay, and can I change employers or extend?
TN status is typically granted for periods of up to three years and may be extended in additional three-year increments, provided that the employment remains temporary and all eligibility requirements continue to be met. Individuals in TN status may change employers or hold concurrent TN positions; however, each employer must independently obtain TN authorization, and employment with a new employer may not begin until the corresponding TN approval has been granted.
What about my family, travel, and future green card options?
Spouses and unmarried children under the age of 21 may qualify for TD (Trade Dependent) status to accompany or follow the principal TN worker. TD dependents are not authorized to work in the United States but may attend school. TN visa holders may travel internationally and seek reentry in TN status, although travel can present risks if certain applications are pending. Because TN classification does not permit dual intent, pursuing permanent residence while in TN status requires careful planning and coordination with an experienced immigration attorney.
What happens if my TN application is denied?
If a TN application is denied, the adjudicating officer will typically provide a reason for the decision, which may include insufficient documentation, a mismatch between the job duties and a listed TN profession, concerns regarding the applicant’s qualifications, or doubts about temporary intent. In many cases, applicants may address the deficiencies, strengthen the supporting evidence, and reapply. However, repeated denials or more serious issues—such as misrepresentation or prior immigration violations—can negatively impact future eligibility, making it advisable to consult with an immigration attorney before reapplying.