What is the TN Visa?

The TN visa (or more precisely, TN non-immigrant classification) was created under the United States-Mexico-Canada Agreement (USMCA), formerly under the North American Free Trade Agreement (NAFTA), to allow citizens of Canada and Mexico to enter the U.S. to perform professional-level business activities in certain designated occupations. In simple terms: if you are a Canadian or Mexican citizen, you may be eligible to work temporarily in the U.S. under TN status, provided you meet the requirements.

Who qualifies?

Here are the key eligibility criteria:

• You must be a citizen of Canada or Mexico (permanent residents do not qualify).
• You must have a job offer from a U.S. (or foreign) employer for a position in one of the list of professions under USMCA/NAFTA.
• The job must be at a professional level, typically requiring a bachelor’s degree (or equivalent) or appropriate credentials.
• You must intend to enter the U.S. temporarily for the employment; TN is non-immigrant status, not a pathway to immediate permanent residence.

Application & Procedure

Here are some of the process details, noting differences between Canadians and Mexicans:

For Canadian citizens

• Canadians may apply directly at a U.S. port of entry (or U.S. pre-clearance airport) for TN status (TN-1) without first obtaining a visa stamp.
• Alternatively, an employer may file a petition with United States Citizenship and Immigration Services (USCIS) to request TN status for someone already in the U.S.
• At the port of entry, you should bring: valid Canadian passport, job offer letter detailing the position, proof of qualifications (degree, credentials), and plan to depart the U.S. when appropriate.

For Mexican citizens

• Mexican citizens must first obtain a TN visa at a U.S. embassy or consulate abroad, then travel to the U.S. for admission in TN status (TN-2).
• After visa issuance, entry is at a U.S. port of entry and you’ll receive Form I-94 showing your TN status.

Duration & Extensions

• TN status is typically granted for up to three years at a time.
• It may be renewed or extended in three-year increments so long as the employment remains legitimate and temporary nature is maintained.

Dependents & Other Conditions

• The spouse and unmarried children (under age 21) of a TN holder may apply for TD (dependent) status to accompany them.
• TD dependents may study in the U.S., but they are not permitted to work under TD status.
• The employment under TN must be with the petitioning/offer employer; if you change employers you must have a new application or compliant process.

Important Considerations & Limitations

• Although TN status may be extended/renewed, it remains a non-immigrant classification. That means you must maintain intent not to abandon your home country residence.
• The job must fall under the list of qualifying professions. Merely having a bachelor’s degree is not sufficient if the position is not on the list or does not match the professional level/match.
• For Canadians applying at the border, admissibility remains subject to inspection by a U.S. Customs and Border Protection (CBP) officer. Entry is not guaranteed.
• Even with an approved visa/stamp, a change in job, employer, job duties, or entering into permanent residence may affect your status.
• As a paralegal/advisor (your profession), you’d want to ensure that your client’s offer letter is detailed: job title, duties, salary, period of stay, qualifications, etc., supporting TN eligibility.

Why TN Can Be Useful

• For Canadian professionals especially, the process is often relatively quick (port-of-entry) compared to other work visas.
• It allows entry to the U.S. for professional employment in a wide range of fields (engineering, computer systems analyst, scientists, medical technologists etc — where listed).
• Dependents may accompany the TN holder under TD status and the holder can hold the status for multiple renewals (so long as requirements are met).

When TN Might Not Be Suitable

• If the applicant is not a Canadian or Mexican citizen, TN is not available.
• If the job does not align with the list of professions or is not at a professional level requiring credentials/degree.
• If the employer does not provide a formal offer letter aligned with TN requirements.
• If the applicant intends to immigrate (i.e., permanent residence) in the near term, reliance solely on TN may raise issues because it is non-immigrant status.
• If the employment is more flexible (multiple employers, self-employment) — TN typically requires one employer, one job, one offer letter.

Practical Tips for Applicants & Employers

• Ensure the job offer letter is well-drafted: name of employer, nature of business, job title, description of duties, qualifications required, salary, anticipated period of stay, any renewals contemplated.
• Keep original (or certified) copies of the applicant’s degrees, transcripts, credentials, any licenses, or membership in professional associations.
• Verify the profession is listed under the USMCA/NAFTA Appendix.
• For Canadians: arrive at a port of entry, present your package (passport, offer letter, evidence of qualifications) and be prepared for secondary inspection if needed.
• For Mexicans: prepare for the visa interview at a U.S. consulate; ensure DS-160 is correctly completed, fee paid, photo submitted, and bring supporting documents.
• If you anticipate changing jobs, speak to counsel or HR early about whether a new TN application or amendment is needed.
• Maintain good status: do not work beyond the authorized employment, keep status valid, and renew timely.
• Keep home-country ties and be able to demonstrate the temporary nature of your stay (especially if required by CBP).

Summary

The TN visa is a valuable option for qualified Canadian and Mexican citizens seeking temporary professional employment in the U.S. Its eligibility criteria are straightforward in many cases, and its process (particularly for Canadians) can be efficient. However, it requires careful attention to job classification, documentation, employer offer letters, duration, and maintenance of status. It is not a path to permanent residence in itself, and misuse or misunderstanding of the criteria may lead to denial or status issues.

At The Law Office of Thomas V. Allen, we assist Canadian and Mexican professionals in securing TN status with confidence and clarity. Whether you are pursuing a new opportunity in the United States or continuing employment under USMCA, our team can guide you through each step, from assessing eligibility and preparing strong documentation to ensuring smooth entry and maintenance of status. Contact us today to request a consultation and learn how we can support your journey .

Disclaimer: This article provides general information and is not legal advice. Immigration laws and requirements change frequently. Consult a qualified attorney for advice tailored to your circumstances.