TN Visa Guide: Comprehensive Overview of the TN Visa

1. What is the TN Visa?

The TN visa is a non-immigrant visa specifically available to citizens of Canada and Mexico. It enables qualified professionals to live and work in the United States for extended periods. Initially granted for up to three years, the TN visa can be renewed indefinitely, allowing continuous legal employment in the U.S.

To qualify for a TN visa, applicants must work in one of the professions listed on the TN Occupation List (provided below). Additionally, they must meet the educational and credentialing standards required for their specific profession.

The “TN” designation stands for “Trade NAFTA,” as this visa category was established under the North American Free Trade Agreement (NAFTA). Despite NAFTA being replaced by the United States-Mexico-Canada Agreement (USMCA), the TN visa program remains active.

Family members of TN visa holders are eligible for TD status, which allows spouses and children to accompany the primary applicant. While TD holders cannot work in the U.S., they are permitted to attend school.

Summary:

• The TN visa is available exclusively to citizens of Canada and Mexico.
• Applicants must work in a profession listed on the TN Occupation List and meet the necessary education and experience requirements.
• TN visa holders are initially granted up to three years of status, with unlimited extensions possible.

2. What are the Benefits of a TN Visa?

i. Length of Stay

The TN visa permits an initial stay in the U.S. for up to three years. Since there is no limit to the number of extensions, TN visa holders can potentially live and work in the U.S. for many years while maintaining lawful status.

ii. No Quota

Unlike the H-1B visa, the TN visa is not subject to an annual cap or quota. This means there is no limit on the number of TN visas issued each year.

iii. No Labor Certification Required

Obtaining a TN visa does not require the U.S. employer to complete a Labor Certification process.

• A Labor Certification is a formal declaration that the employer could not find a qualified U.S. worker for the position.
• This process can be time-consuming, but it is not a requirement for the TN visa. Employers can simply offer a job to the applicant without needing to go through this additional step.

iv. No Visa Required for Canadian Citizens

Canadian citizens applying for TN status are not required to obtain a visa. Instead, they can directly apply for TN classification at a U.S. Port of Entry, simplifying the process significantly. (This process is explained in detail below.)

v. Immigration Benefits for Family

The spouse and children of a TN visa holder may qualify for TD status, allowing them to accompany the primary applicant. While TD holders cannot work in the U.S., they are allowed to enroll in U.S. schools.

vi. Premium Processing

TN visa applications are eligible for Premium Processing.

• Premium Processing is a service offered by USCIS for an additional fee, currently $1,225.
• Under Premium Processing, USCIS guarantees a decision on the petition within 15 calendar days, significantly expediting the application process.

3. What are the TN Visa Requirements?

To qualify for a TN visa, there are five primary requirements:

1. You Must Be a Citizen of Canada or Mexico
2. You Must Have a Job Offer to Work in the USA
3. Your Job Must Be Listed on the TN Occupation List
4. You Must Satisfy the Educational and Professional Requirements of the US Job
5. You Must Be Seeking Temporary Entry (Non-Immigrant Intent)

i. You Must Be a Citizen of Canada or Mexico

To be eligible for a TN visa, you must be a citizen of either Canada or Mexico. Permanent residents of these countries do not qualify for a TN visa. It is important to note that the visa is exclusive to citizens of these two countries and does not extend to lawful permanent residents.

ii. You Must Have a Job Offer to Work in the USA

A TN visa requires a valid job offer to work in the United States. The visa does not support self-employment or allow you to operate a business in the U.S. You cannot qualify if you are the sole owner or controlling shareholder of the company offering you employment.

iii. Your Job Must Be Listed on the TN Occupation List

To qualify for the TN visa, your job must be included in the TN Occupation List. The TN visa is restricted to certain professional categories, and the position you are applying for must fall within these classifications. Below is a partial list of TN eligible occupations along with their educational requirements:

General Occupations

• Accountant: Bachelor’s degree or professional certification (e.g., CPA)
• Architect: Bachelor’s degree or state/provincial license
• Computer Systems Analyst: Bachelor’s degree or post-secondary certificate plus 3 years of experience
• Economist: Bachelor’s degree
• Engineer: Bachelor’s degree or state/provincial license
• Graphic Designer: Bachelor’s degree
• Hotel Manager: Bachelor’s degree or post-secondary diploma and 3 years of relevant experience
• Lawyer (Including Notary in Quebec): LL.B., J.D., or equivalent degree, or membership in a state/provincial bar

Medical Occupations

• Dentist: DDS, DMD, or equivalent degree, or state/provincial license
• Pharmacist: Bachelor’s degree or state/provincial license
• Registered Nurse: Bachelor’s degree or state/provincial license

Scientific Occupations

• Agriculturalist: Bachelor’s degree
• Biochemist: Bachelor’s degree
• Geologist: Bachelor’s degree
• Meteorologist: Bachelor’s degree

Teaching Occupations

• College Teacher: Bachelor’s degree
• University Teacher: Bachelor’s degree

This is just a brief selection, and you should check the complete TN Occupation List for other professions and the specific qualifications required for each.

iv. You Must Satisfy the Educational and Professional Requirements of the US Job

You must meet the educational and professional criteria for the U.S. job that you are being offered. This includes degrees, licenses, and certifications as listed for the relevant occupation. Here are key points regarding educational qualifications:

Degrees

• Most TN professions require a Bachelor’s degree (or its equivalent, the Licenciatura degree).
• A 3-year Bachelor’s degree is acceptable; it does not need to be a 4-year degree.
• Your degree should be in the field of your intended occupation, or in a closely related field.
• If your degree is from outside the U.S., Canada, or Mexico, you must have it evaluated for equivalency to a local degree.

State or Provincial License

• For several occupations, a state or provincial license can substitute for a degree.
• A state or provincial license is a document issued by a government authority, allowing someone to practice in a regulated profession.

Post-Secondary Certificates

• In certain cases, a post-secondary certificate (issued after 2+ years of study) may fulfill educational requirements. This certificate must be from an accredited institution in the U.S., Canada, or Mexico.

v. You Must Be Seeking Temporary Entry (Non-Immigrant Intent)

To be eligible for a TN visa, you must intend to stay temporarily in the U.S. The visa is issued for temporary work, and you must show that you will leave the U.S. once your employment ends.

Proving Non-Immigrant Intent

You must demonstrate that your U.S. stay is temporary and that you have no intention of establishing permanent residence. Evidence to prove this might include:

• A clear end date for your job in the U.S.
• Proof of ties to your home country, such as a mortgage, bank accounts, or a job offer to return to after your TN assignment.

Additional Notes on Non-Immigrant Intent

While you must have non-immigrant intent when applying for the TN visa, this does not prevent you from later seeking a green card. However, it is important to address your intent at the time of visa issuance and when entering the U.S.

Navigating these requirements can be complex, so it is highly recommended to seek guidance from an immigration lawyer to ensure compliance. For further assistance, feel free to reach out directly via email at abbas@espadaimmigration.com.

4. What Documents Are Needed to Apply for a TN Visa?

The documentation you submit with your TN visa application plays a critical role in the approval process. The required documents will vary depending on your individual circumstances, including your credentials and available paperwork.

Here’s a list of the essential documents you’ll need to provide:

i. Proof of Canadian or Mexican Citizenship

• Canadian Passport
• Mexican Passport

ii. Support Letter from Your Prospective U.S. Employer

The support letter from your U.S. employer is one of the most crucial documents for your TN petition.

The support letter should address the following points:

• A description of the professional activities you will undertake for the U.S. company
• Your responsibilities within the company
• The length of your employment with the U.S. company
• The U.S. company’s need for your services
• An explanation of your educational background and professional qualifications for the position
• The salary and any other benefits you will receive

This letter should be written on the company’s official letterhead and signed by an authorized representative of the company.

iii. Employment Contract

While not always required, your employer may choose to provide a separate employment contract in addition to the support letter.

iv. Evidence of Your Non-Immigrant Intent

You must demonstrate your intention to return to your home country after completing your TN employment. Documents proving strong ties to your home country may include:

• A property deed in your name in your home country
• Utility bills addressed to your foreign residence
• A letter from a foreign employer confirming your return to work after your TN assignment
• Evidence of a foreign bank account
• Documents showing commitments or responsibilities abroad
• Evidence of family ties, such as having a spouse or children living abroad

v. Educational and Professional Qualifications

Documents supporting your qualifications should include:

• Degrees and diplomas
• Certificates
• Licenses
• Letters from previous employers verifying your past work experience
• Updated resume

5. What is the Process to Get a TN Visa?

The process for obtaining TN classification differs between Canadian and Mexican citizens. Key differences include the fact that Canadian citizens don’t need to apply for a TN visa, as they can apply directly for TN status at a U.S. Port of Entry. In contrast, Mexican citizens must apply for a TN visa at a U.S. consulate before entering the U.S. Additionally, Canadian citizens have the option of submitting an initial TN petition to USCIS for pre-approval before seeking admission at a Port of Entry, whereas Mexican citizens cannot file with USCIS for pre-approval.

Canadian Citizens

Canadian citizens have two options for obtaining TN classification.

1. Apply for TN Classification at a U.S. Port of Entry

Canadian citizens do not need to submit a petition or application for a TN visa. They are generally exempt from needing a visa to enter the U.S.

To get TN classification, a Canadian citizen can request TN status directly at a U.S. Class A port of entry. The process involves paying a $50 processing fee and providing the following documentation:

• A valid Canadian passport
• A support letter from the U.S. employer
• Evidence of professional and educational qualifications
• Proof of non-immigrant intent

Upon arrival at the Port of Entry, a Customs and Border Protection (CBP) officer will review your documents and may ask questions about your job duties, qualifications, etc. If you meet the requirements and pass the interview, you will be granted TN classification.

2. Submit Form I-129 Through USCIS

Canadian citizens can also choose to submit a petition through USCIS for pre-approval of TN classification. In this case, the U.S. employer files Form I-129 on behalf of the TN worker. The employer is the petitioner, and the TN worker is the beneficiary.

Along with Form I-129, the U.S. employer must also complete the TN supplement. Once USCIS approves the I-129, the TN worker can take the approval notice, Canadian passport, and supporting documents to a U.S. Port of Entry. At the Port of Entry, a CBP officer will review your documents and may ask questions regarding your job duties and qualifications.

Though having your petition approved by USCIS increases your chances of approval at the Port of Entry, it does not guarantee TN classification. If you submit an I-129 through USCIS, you are not required to pay the $50 processing fee at the Port of Entry.

Mexican Citizens

Unlike Canadian citizens, Mexican citizens must apply for a TN visa before entering the U.S. as a TN worker. Mexican citizens cannot request TN classification at a U.S. Port of Entry without first obtaining a TN visa. Moreover, Mexican citizens are not permitted to file Form I-129 with USCIS to seek pre-approval for TN classification. Instead, they must apply for the TN visa directly at a U.S. consulate.

1. Apply for TN Visa at U.S. Consulate

Mexican citizens must first complete and submit the Form DS-160 Non-Immigrant Visa Application online. They must then schedule a visa appointment at a U.S. consulate. The TN visa fee is $160. At the visa interview, the applicant must present:

• A valid Mexican passport
• A support letter from the U.S. employer
• Proof of professional and educational qualifications
• Evidence of non-immigrant intent

During the interview, the applicant may be asked about their job duties and qualifications. Once approved, the TN visa will be issued.

2. Port of Entry

Once the TN visa is issued, the TN worker must proceed to a U.S. Port of Entry to seek TN classification. You will need to present your Mexican passport, TN visa, and support letter. While the Customs and Border Protection officer will generally not re-adjudicate your TN petition, they may still ask general questions. There is no $50 fee for Mexican citizens at the Port of Entry.

If all goes smoothly, you will be granted TN classification for up to three years.

Change of Status

Both Canadian and Mexican citizens may also choose to pursue a Change of Status, which allows individuals to switch from one non-immigrant status to another. To request a change of status, you must be lawfully present in the U.S. in another valid non-immigrant status. You will also need to file Form I-129 while you are still in the U.S.

For assistance or questions, feel free to reach out at abbas@espadaimmigration.com.

6. Transitioning from TN Visa to Green Card

A common question I receive is whether a TN visa holder can transition to a Green Card. The short answer is YES.

Although the TN visa is a non-immigrant visa, it doesn’t directly lead to a Green Card. To move from a TN visa to a Green Card, you have two main options: applying for an adjustment of status within the United States or applying for an immigrant visa through a U.S. consulate abroad.

Adjustment of Status:
Adjustment of status allows you to change your non-immigrant status to an immigrant status without leaving the United States. However, to apply for an adjustment of status, you must be lawfully present in the U.S. when the petition is filed. The process involves submitting Form I-485 to USCIS.

Immigrant Visa Application:
Alternatively, you can apply for an immigrant visa through a U.S. consulate abroad. This route requires you to attend a visa interview at the consulate.

Regardless of whether you choose adjustment of status or an immigrant visa application, you’ll likely need to file Form I-140 with USCIS to seek approval for an immigrant classification.

TN Visa to Green Card Through Employer Sponsorship:
For most TN professionals, the most common path to a Green Card involves employer sponsorship. Your U.S. employer can sponsor you for a Green Card based on a job offer, but they must first apply for and receive approval for a Labor Certification.

Labor Certification:
The Labor Certification, issued by the Department of Labor, verifies that the employer has made efforts to hire a qualified U.S. worker but has been unable to find one. Once the Labor Certification is approved, the employer can proceed to sponsor you for a Green Card.

Important Consideration:
A crucial factor to consider when transitioning from a TN visa to a Green Card is the requirement to maintain non-immigrant intent. The TN visa classification requires that you do not intend to immigrate permanently to the U.S. As such, the approval of an immigrant petition can potentially conflict with this requirement. An approved immigrant petition may be considered evidence of immigrant intent, which can jeopardize your TN status.

For this reason, it’s vital to consult with an experienced immigration lawyer to navigate the process of transitioning from a TN visa to a Green Card. An immigration lawyer can ensure that you remain compliant with all regulations and that the process goes smoothly.

If you need assistance with your transition from a TN visa to a Green Card, feel free to email me directly at abbas@espadaimmigration.com. I would be happy to guide you through every step of the process.

7. Conclusion

By reading this guide, you are now in a better position to understand the TN visa process from start to finish.

Specifically, you should have gained insight into:

• What the TN visa is
• The benefits of a TN visa
• The TN visa requirements
• The necessary documents for TN visa classification
• The process of obtaining a TN visa
• How to transition from a TN visa to a Green Card

This is a lot of detailed and specialized information, and I understand it can be complex. If you have any questions about the TN visa or need help obtaining one, please don’t hesitate to email me at abbas@espadaimmigration.com. I respond quickly and would be more than happy to assist you.

Espada Immigration is a Los Angeles-based immigration law firm, and we proudly serve professionals from all around the world with their immigration needs.

Resources:

• 8 CFR Section 214.6
• Business Immigration: Law and Practice, 2nd Ed., Chapter 14 – TN Visas and Status
• North American Free Trade Agreement (NAFTA)
• U.S. Embassy & Consulates in Mexico – NAFTA Professionals (TN)