Shilpa Malik 
Keenan Ennis 
The TN visa, created under the United States–Mexico–Canada Agreement (USMCA, formerly NAFTA), allows qualified Canadian and Mexican citizens to work in the U.S. in certain professional occupations. While the TN is considered one of the more straightforward employment-based visa categories, denials are not uncommon. In the FY 2025 alone, 11,645 out of 27,317 visas were denied by the Department of State – 42%. A denial can occur for many reasons, ranging from missing documentation to questions about whether the job qualifies under the treaty’s professional list.
The process also depends on nationality:
-
Canadians usually apply directly at a U.S. port of entry, where Customs and Border Protection (CBP) officers decide approval or denial on the spot.
-
Mexicans must first obtain a TN visa stamp from a U.S. consulate (Department of State) before admission at the border.
-
In both cases, applicants already inside the U.S. can request a TN through USCIS, which reviews the petition like any other nonimmigrant application.
If you’re wondering why your TN visa was denied, this guide aims to provide answers to common reasons, steps for reapplication, and alternative options.
Don’t take chances – if your TN visa was denied or you want to prevent any issues in your application, consult with an experienced VisaNation attorney
TN Visa Denial vs Rejection
Though often confused, a rejection and a denial are not the same.
- Rejection happens when the application is not processed due to a basic filing issue, such as a missing signature, incorrect fee, or incomplete form. This is most common with USCIS petitions (extensions or changes of status). A rejection doesn’t go on your immigration record, and you can usually fix the mistake and refile.
- Denial means the application was reviewed, but the officer decided you don’t qualify for the TN visa. This can happen at the border (CBP), a U.S. consulate (DOS), or with USCIS. Denials usually stem from eligibility problems, such as the job not matching a TN profession or your credentials not meeting the requirements. A denial is more serious, and it can complicate future applications if not handled carefully.
Top Reasons for a TN Visa Denial
There are several reasons for a TN visa denial notice:
- Incomplete Documentation, such as an employment letter or contract with missing required information, such as a detailed description of activities, the purpose of entry, length of stay, or remuneration details (9 FAM 402.17-5(B)).
- Mismatched job duties, such as listing the wrong USMCA TN occupation.
- Failing to meet the required qualifications, such as lacking the specific minimum education or experience required for that profession. The USMCA policy clearly states that experience cannot be substituted for a required bachelor’s degree (9 FAM 402.17-4(A)b).
- The position applied for is not truly at a professional level. This can happen with roles titled “intern” or “fellow” if the duties are those of a trainee rather than a professional. A salary that isn’t indicative of professional-level employment can also be a red flag (9 FAM 402.17-5(A)(4)).
- Having a criminal history or past immigration violations.
- Failing to demonstrate nonimmigrant intent (i.e., not showing sufficient ties to your home country, such as family, property, or financial commitments. Additionally, an applicant must demonstrate that their work assignment has a predictable end and that they will depart afterward.
- It was found that you were pursuing green card status, thus violating the nonimmigrant intent of the TN visa.
- Your application was under-documented or the immigration officer did not feel their was sufficient evidence.
- During your interview, you provided conflicting answers regarding your position, duties, or other details about your case.
There are several other scenarios that may result in a TN visa denial. In any case, the consular officer or CPB officer will inform you of the reason. Fortunately, it’s not the end of the road if your visa is denied since you can reapply or file an alternative visa application.
Understanding the TN Visa Rejection Rate
Based on U.S. Department of State data for Fiscal Year 2024, the rejection rate for TN visa applications climbed to approximately 42.6%.
Out of 27,317 total applications processed, 11,645 were denied. Since the Department of State handles visa applications, a process required for Mexican citizens but not for most Canadians, this statistic almost exclusively reflects the denial rate for Mexican applicants. This figure marks a significant increase in rejections compared to prior years.
What Happens if My TN Visa is Denied?
It’s crucial to take TN visa denial seriously, as it can cost you not only time but valuable opportunities. If your TN visa is denied, any of the following consequences could occur:
- Your employer may fill the position with another applicant.
- You could miss your employment start date
- You may lose out on fees for travel, accommodation, or flights,
- Loss of profits from missing the job opportunity altogether.
If you are in the U.S. under a different visa and your attempt to change your status to the TN category is denied, you will need to leave the U.S. before the departure date listed on your I-94 card for the original visa.
If you overstay, you will be at risk of being considered “out of status”, which could result in serious consequences such as barring you from attempts to enter the U.S. in the future.
My TN Visa Extension or Renewal Was Denied. Now What?
While you can extend your TN visa indefinitely, you still need to file a new form each time. This leaves you open to the possibility of extension denial. If this happens, you will have until the departure date provided on your I-94 arrival/departure card. Overstaying can have dire consequences.
To avoid this, you should apply for your TN visa extension long before your departure date. This will give you sufficient time to find another course of action if you receive a TN visa extension denial.
If you file Form I-129 on time to extend your TN status with the same employer, you are granted an automatic extension.
How it works:
- You can legally continue working for the same employer for up to 240 days past your I-94’s expiration while waiting for a decision.
- If your extension is approved during this time, your status is updated.
- If your extension is denied, your work authorization stops immediately upon receiving the denial notice. You can no longer work, and you must depart the U.S. by your original I-94 expiration date or immediately if that date has already passed.
How to Reapply After a TN Visa Denial
If your TN visa is denied and you are ready to reapply, follow these steps:
- Take into consideration the reason for denial based on what the consular or CBP officer indicated. For example, if they expressed doubts regarding the employment letter, your employer needs to redraft the documentation to address the issue.
- Review the new application several times to ensure that all the information has been thoroughly completed and is up-to-date. Ensure that your job letter has all the basic elements necessary, including:
- Salary
- Duties
- Company name
- Job title and description
- Proceed with caution when changing important information for the same employer and position. Assume officers will cross-reference your prior documentation. If this occurs, there may be suspicion raised about the accuracy of your answers.
Immigration Tip:
Some individuals have found success by returning to the same point of inspection officer who originally handled their case, since they are more familiar with the details. Others have found the opposite to be true if they felt they were treated poorly or unfairly.
It is highly recommended to consult an immigration lawyer with experience handling complex TN visa cases. They will be able to devise the best strategy for reapplying as well as preparing you for the interview.
Can a TN Denial Be Appealed?
No, in your TN visa denial letter, it typically states that you do not have the right to appeal to the Administrative Appeals Office. This is usually true of all nonimmigrant visas that use the I-129 petition. Therefore, most people who receive a denial either reapply for the TN visa or attempt to apply under a different visa.
Other Visa Alternatives
There are a number of other employment based visa alternatives which may be applicable to your case. Depending on your qualifications, you may be eligible for visas in lieu of your denied visa, including:
- EB-1 green card: The employment first preference category is designated for those who fall into one of three groups–extraordinary ability, outstanding professors/researchers and executives or managers. Individuals who fall in the extraordinary ability category may have skills related to science, arts, education, business or athletics. Click here to read more about the EB-1 visa.
- EB-2 green card: The employment second preference category is allocated for professionals holding advanced degrees (beyond a baccalaureate) or individuals with exceptional ability in the arts, sciences or business. Read more about EB-2 visa options.
- EB-3 green card: The employment third preference category is for skilled workers or persons capable of performing a job requiring at least two years training or experience. Learn more about EB-3 visas.
- H-1B visa: Much like the TN visa, H-1B visas allow employers to hire qualified foreign workers in the U.S. in specialty occupations on a temporary basis. Unlike the TN visa however, the H-1B visa operates on a lottery system unless you qualify for one of the cap exempt categories.
- L-1 visa: If you work as a manager, executive, or specialized employee of a company that has a presence in both your home country and the U.S., you may be eligible for the L-1A or L-1B visas.
- O-1 visa: The O-1 is the nonimmigrant equivalent to the EB-1A green card, requiring extraordinary achievement to qualify.
- J-1 visa: If you can find a government-designated program to sponsor you, the J-1 visa may be a good fit depending on your occupation.
Frequently Asked Questions:
Can I reapply for a TN visa immediately after a denial?
Yes, you can generally reapply for a TN visa after a denial. However, it is crucial to first address the reasons for the initial denial. Simply reapplying without making any changes is likely to result in another denial.
What is the current TN visa approval rate?
Based on the most recent data, the TN visa rejection rate is approximately 42.6%, meaning the approval rate is around 57.4%. This rate primarily reflects applications from Mexican citizens processed by the Department of State. This low number demonstrates the importance of a perfect application in order to succeed.
What are the most common reasons for a TN visa denial at the border?
The most common reasons for denial at a port of entry include mismatched job duties with the approved TN occupation list, incomplete documentation (especially the employer support letter), and the officer's belief that you have immigrant intent.
Does a TN visa denial affect future U.S. travel?
A TN visa denial will be on your immigration record, but it does not automatically bar you from future travel to the U.S. for tourism or business under B-1/B-2 status. However, you should be prepared to answer questions about the previous denial.
How VisaNation Can Help
You may run into a few roadblocks after having a TN visa denied. For that reason, it’s always advisable to have an attorney on your side. VisaNation Law Group attorneys can effectively review your situation and prepare your case for the TN professional position.
Schedule a consultation with a TN visa lawyer from VisaNation to explore your options.