The TN (Trade NAFTA) visa, now governed by the United States-Mexico-Canada Agreement (USMCA), offers qualified Canadian and Mexican professionals the opportunity to work in the United States in a variety of designated occupations. The U.S. Citizenship and Immigration Services (USCIS) recently updated its Policy Manual to clarify eligibility, documentation, and application procedures for TN nonimmigrant classification.
At our firm, we guide both Canadian and Mexican nationals through every stage of the TN process, including initial applications, extensions of stay, and changes of status from other nonimmigrant classifications-now explicitly permitted under updated USCIS policy. Importantly, both Canadians and Mexicans can request TN status in three-year increments, with no set limit on the number of extensions, provided it can be shown that the employment remains temporary in nature.
Key Highlights of the Updated USCIS Guidance:
1. Sponsorship Requirements
While historically less formal than the H-1B process, the TN visa does require sponsorship. The updated guidance affirms that:
- Only U.S.-based employers or entities can sponsor a TN visa.
- Self-employment is not permitted under TN classification. Foreign nationals who are sole or majority owners of the U.S. entity employing them are considered self-employed.
- In such cases, an E-2 Treaty Investor visa may be a more appropriate option.
2. Application Process: Canadian and Mexican Citizens
Canadians may apply:
- Directly at a U.S. port of entry or pre-clearance location;
- At a U.S. embassy or consulate in Canada; or
- By having the U.S. employer file Form I-129 with USCIS (change of status or extension).
Mexicans may apply:
- At a U.S. embassy or consulate in Mexico; or
- By filing Form I-129 with USCIS if they are already present in the U.S. under a valid nonimmigrant status.
- Applicants seeking to change employers or extend their stay must follow appropriate procedures, including refiling with USCIS or applying for a new visa.
3. Documentation Requirements
To qualify for TN status, applicants must:
- Show that the position offered falls under the approved TN professions list;
- Demonstrate possession of the required credentials—usually a bachelor’s or licenciatura degree in a specific field;
- Submit an employment letter describing the job duties, confirming the temporary nature of the position, and naming the U.S. employer;
- Provide credential evaluations for foreign degrees not earned in the U.S., Canada, or Mexico;
- Present employment verification letters if experience is required (CVs alone are no longer sufficient); and;
- Meet applicable state licensing requirements if the profession requires licensure in the U.S.
4. Specific Professional Requirements
The USCIS guidance offers new detail on accepted professions and their standards, including but not limited to:
- Scientific Technicians/Technologists: Must support a professional in a qualifying scientific field and possess theoretical knowledge in that area.
- Medical Laboratory Technologists: Must obtain health care worker certification and perform diagnostic lab work.
- Physicians (Teaching/Research Only): May not provide direct patient care except when incidental to academic or research duties.
- Registered Nurses: Must have appropriate licensure and CGFNS certification.
- Management Consultants: Can be employees or contractors, but may only fill temporary roles unless working for a U.S. consulting firm.
- Computer Systems Analysts: Must analyze and design information systems—not just code or program.
- Economists: Must primarily engage in economic analysis (not finance, marketing, or related fields).
- Engineers: Must hold a related degree or license and cannot use the category for unrelated IT positions. Additional professions include Foresters, Sylviculturists, Hotel Managers, Animal Breeders, and more.
Why Work with Us?
Navigating TN visa eligibility and strategy-especially in light of changing USCIS policies-requires in-depth legal knowledge. We help Canadian and Mexican professionals and their employers:
- Apply for TN classification at the border, consulates, or USCIS;
- Request changes of status from within the U.S. from other nonimmigrant classifications;
- File extensions of stay in 3-year increments, with no maximum number of renewals as long as the position remains temporary;
- Evaluate alternatives when TN is not viable, including the H-1B or E-2 visa categories.
If you or your organization are exploring TN visa options, contact us today for tailored legal guidance and strategic support.