TN Professionals Overview
The United States-Mexico-Canada Agreement (USMCA), formerly the North American Free Trade Agreement (NAFTA), created special economic and trade relationships for the United States, Canada, and Mexico. The TN nonimmigrant status allows Canadian and Mexican citizens to temporarily enter and work in the U.S. in professional employment.
Requirements of TN Visa
- Professional Position: The prospective position in the U.S. must be in one of the occupations listed on the USMCA – i.e., computer systems analysts, engineer, and management consultant. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.6
- Applicant: He/she must be a Mexican or Canadian citizen.
Canadian citizens
Canadian nationals may establish eligibility for TN classification by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. They are not required to apply for a TN visa at a U.S. consulate.
Mexican citizens
Mexican nationals must obtain a visa to enter the United States as a TN nonimmigrant. The applicant should apply for a TN visa directly at a U.S. embassy or consulate in Mexico.
Key Features for TN Visa
- Immigration Status: Temporary, non-immigrant status. TN visa holder may not have immigrant intent and applying for a permanent resident status may be restricted under TN status.
- Period of Validity: TN visa holders are generally authorized to stay and work in the U.S. for a 3-year period at a time, but may continue to renew indefinitely as long as they meet the TN job requirements.
- Work Authorization for Applicant Spouse: A TN visa holder’s spouse is not eligible for work authorization in the U.S.
