Citizens of USMCA countries (formerly NAFTA) can temporarily work in the U.S. by holding a TN visa. While the name of the agreement changed, the TN status requirements and process are the same for Mexican and Canadian citizens. Follow this guide to learn how to gain TN visa status, maintain TN visa validity, review the NAFTA occupations list, and more.
What is the TN Visa?
The North American Free Trade Agreement (NAFTA) created the TN Visa to facilitate temporary employment in the United States for approved Canadian and Mexican citizens. The purpose was to strengthen business and trade relations between the United States, Canada, and Mexico.
There are two types of TN status for which these citizens can apply. A TN-1 is for Canadian professionals, and a TN-2 is for Mexican professionals. The applicants need to be qualified under one of the listed professions. Accepted NAFTA Professions must adhere to nonimmigrant classifications. Permanent residents of Canada or Mexico are not eligible for the TN visa. There is no yearly quota for the TN Visa, which provides all qualified applicants the opportunity to get a visa.
TN Visa Requirements
Below are the overall TN Visa requirements:
- Citizen of Canada or Mexico
- Qualified under one of the accepted NAFTA professions
- Evidence that the position in the United States requires a USCMA professional
- Participant has prearranged a part-time or full-time job with the U.S. employer. Self-employment does not qualify for this visa.
- Evidence that the participant matches the credentials and educational requirements of the position
TN-1 Requirements for Canadian Citizens
Canadian citizens typically do not need a TN visa to enter the U.S. However, if the participant wishes to bring dependents (spouses and unmarried children under 21) to the United States, the participant must have a TN visa. The dependents are then eligible to receive a TD nonimmigrant visa.
For a TN-1 visa, Canadian citizens can enter one of two ways.
- Your employer can submit an I-129, Petition for Nonimmigrant Worker, with the TN visa application to USCIS.
- You can apply for TN nonimmigrant status at a CBP-designated U.S. port of entry with the following documentation:
- Proof of Canadian citizenship
- Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications
- Credentials evaluation (if applicable), together with any applicable fees
TN-2 Requirements for Mexican Citizens:
Mexican citizens require a TN visa for entry into the United States. The following is the TN-2 visa process:
- Submit the necessary paperwork along with the DS-160 to a U.S. Embassy or Consulate
- Attend an interview at a U.S. Embassy or Consulate and receive a visa number
- Once approved, Mexican citizens can apply for entrance at select CBP-designated U.S. ports or certain pre-clearance stations.
NAFTA Occupation List
Here is a list of the 63 professions that qualify you for a TN visa:
General Occupations
|
Occupation |
Minimum Requirements |
|
Accountant |
Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. |
|
Architect |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Computer Systems Analyst |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma3 or PostSecondary Certificate4, and three years experience |
|
Disaster Relief Insurance Claims Adjuster |
Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims. |
|
Economist |
Baccalaureate or Licenciatura Degree |
|
Engineer |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Forester |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Graphic Designer |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
|
Hotel Manager |
Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
|
Industrial Designer |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
|
Land Surveyor |
Baccalaureate or Licenciatura Degree; or state/provincial/federal license |
|
Landscape Architect |
Baccalaureate or Licenciatura Degree |
|
Lawyer (including Notary in the Province of Quebec) |
LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar |
|
Librarian |
M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
|
Management Consultant |
Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement |
|
Mathematician (including Statistician) |
Baccalaureate or Licenciatura Degree |
|
Range Manager/Range Conservationalist |
Baccalaureate or Licenciatura Degree |
|
Research Assistant (working in a post-secondary educational institution) |
Baccalaureate or Licenciatura Degree |
|
Scientific Technician/Technologist |
Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research |
|
Social Worker |
Baccalaureate or Licenciatura Degree |
|
Sylviculturist (including Forestry Specialist) |
Baccalaureate or Licenciatura Degree |
|
Technical Publications Writer |
Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
|
Urban Planner (including Geographer) |
Baccalaureate or Licenciatura Degree |
|
Vocational Counsellor |
Baccalaureate or Licenciatura Degree |
Medical Occupations
|
Occupation |
Minimum Requirement |
|
Dentist |
D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license |
|
Dietitian |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Medical Laboratory Technologist |
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
|
Nutritionist |
Baccalaureate or Licenciatura Degree |
|
Occupational Therapist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Pharmacist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Physician (teaching or research only) |
M.D. or Doctor en Medicina; or state/provincial license |
|
Physiotherapist/Physical Therapist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Psychologist |
State/provincial license; or Licenciatura Degree |
|
Recreational Therapist |
Baccalaureate or Licenciatura Degree |
|
Registered Nurse |
State/provincial license; or Licenciatura Degree |
|
Veterinarian |
D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license |
Scientist Occupations
|
Occupation |
Minimum Requirement |
|
Agriculturist (including Agronomist) |
Baccalaureate or Licenciatura Degree |
|
Animal Breeder |
Baccalaureate or Licenciatura Degree |
|
Animal Scientist |
Baccalaureate or Licenciatura Degree |
|
Apiculturist |
Baccalaureate or Licenciatura Degree |
|
Astronomer |
Baccalaureate or Licenciatura Degree |
|
Biochemist |
Baccalaureate or Licenciatura Degree |
|
Biologist |
Baccalaureate or Licenciatura Degree |
|
Chemist |
Baccalaureate or Licenciatura Degree |
|
Dairy Scientist |
Baccalaureate or Licenciatura Degree |
|
Entomologist |
Baccalaureate or Licenciatura Degree |
|
Epidemiologist |
Baccalaureate or Licenciatura Degree |
|
Geneticist |
Baccalaureate or Licenciatura Degreense |
|
Geologist |
Baccalaureate or Licenciatura Degree |
|
Geochemist |
Baccalaureate or Licenciatura Degree |
|
Geophysicist (including Oceanographer in Mexico and the United States) |
Baccalaureate or Licenciatura Degree |
|
Horticulturist |
Baccalaureate or Licenciatura Degree |
|
Meteorologist |
Baccalaureate or Licenciatura Degree |
|
Pharmacologist |
Baccalaureate or Licenciatura Degree |
|
Physicist (including Oceanographer in Canada) |
Baccalaureate or Licenciatura Degree |
|
Plant Breeder |
Baccalaureate or Licenciatura Degree |
|
Poultry Scientist |
Baccalaureate or Licenciatura Degree |
|
Soil Scientist |
Baccalaureate or Licenciatura Degree |
|
Zoologist |
Baccalaureate or Licenciatura Degree |
Teacher Occupations
|
Occupation |
Minimum Requirements |
|
College |
Baccalaureate or Licenciatura Degree |
|
Seminary |
Baccalaureate or Licenciatura Degree |
|
University |
Baccalaureate or Licenciatura Degree |
TN Visa Cost
Compared to other nonimmigrant work visas, the TN is relatively inexpensive. You will be responsible for the $555 I-129H1 petition filing fee if you choose to petition by mail. If you gain your status at the border or port of entry, you will need to pay a $50 application fee and a second fee of $6 for your I-94 arrival/departure card.
TN Visa Processing Time
If you apply at a port of entry, your processing time may only take a few hours. However, if you are petitioning by mail, the amount of time it will take to process your petition will depend on the caseload of your USCIS service center. As of May 2022, the Vermont Service Center is taking two months to process I-129s for TN visas. For the most accurate processing time, check the USCIS site.
However, you can opt to pay an additional fee for premium processing, which will expedite your TN petition’s processing time to 15 business days.
While premium processing does shorten your processing time, it does not increase your approval chances. If the USCIS fails to process your petition in that time after you have filed the I-907 premium processing form, USCIS will refund your premium processing fee, and your petition will be processed normally.
TN Visa Validity: Extension Options
A TN visa is valid for up to three years and can be renewed indefinitely.
Use Form I-129 to renew or extend your TN status. In addition, you’ll need proof of the TN status holder’s education/citizenship and a letter addressing the need for the extension. At the point in which the job or TN status officially expires, individuals must leave the country. Unlike the H-1B grace period, TN visas do not have this leeway period.
TD Visa: Dependents of TN Visa Holder
The TN visa holder’s spouse and/or children under 21 years old may be eligible for TD nonimmigrant status. This status allows dependents to enter the U.S. with the TN visa holder and be granted the same period of stay. However, there are some restrictions to the TD nonimmigrant status for dependents. For example, spouses and children can’t work while in the United States, but they can study.
Dependents can apply for admission into the United States at a CBP-designated U.S. port of entry or a designated pre-clearance/pre-flight inspection station.
TN Visa vs. H-1B Visa
The H-1B visa is a similar nonimmigrant visa, but it has distinct differences to consider if you are considering both options.
TN Visa Advantages
The TN visa holds several advantages over the H-1B. One such benefit is that there’s no annual cap. Each year, only 85,000 H-1B visas are allotted. Because more people apply than there are slots, the USCIS holds a lottery to randomly select the petitions processed yearly. Due to the large number of petitions, being selected can be slim, which can be a significant impediment to your visa.
Also, the H-1B is only valid for an initial period of three years with the ability to extend it to a maximum of six years. In contrast, you can extend the TN an indefinite number of times. The H-1B is also much more expensive, though the employer covers most costs.
H-1B Visa Advantages
However, the H-1B is not very limited regarding which occupations qualify, whereas the TN only has 60 qualifying professions. In addition, the H-1B visa is also considered a “dual intent” visa, which means you can seek legal permanent residence (green card status) while under it. The TN visa does not allow you to do this, and you must maintain an intent to return to your home country. Therefore, pursuing a green card under TN status could violate your status and incur legal consequences.
Ultimately, you need to decide your intentions in the U.S. before choosing between the H-1B and the TN visa. Again, your immigration attorney can help you more depending on your unique case.
TN Visa Recap
Mexican citizens must receive a visa to enter the U.S. as TN nonimmigrants. Contact the U.S. embassy or Mexican consulate to apply for a TN visa as a Mexican citizen. Conversely, Canadian citizens are eligible for entry (as nonimmigrants) without a visa. The TN classification reflects this exemption. TN nonimmigrants may be professionals like engineers, teachers, scientists, accountants, etc.
How VisaNation Law Group Can Help
All visas, both immigrant and nonimmigrant, represent a significant investment of time and money. The best way to protect that investment and ensure that you are on the optimal track for your TN visa is to hire an expert to guide you and take care of any unforeseen obstacles.
The immigration lawyers at VisaNation Law Group have extensive experience helping people like yourself fulfill their dreams in the U.S. through the TN visa. The immigration road is filled with regulations and forms. By letting a VisaNation Law Group attorney handle your case, you can rest easy knowing that your case is in the best hands. From filing the initial petition to dealing with RFEs, fees, and extensions, you can focus on your plans in the U.S. instead of the immigration process.
To get in touch with an immigration attorney at VisaNation Law Group, you can fill out this contact form and schedule your consultation today.