The TN is a nonimmigrant classification that allows qualified Canadian and Mexican citizens to work in the U.S. in certain professional occupations. Originally approved under the North American Free Trade Agreement (“NAFTA”), this agreement was replaced with the United States-Mexico-Canada Agreement (“USMCA”) in 2020. No changes were made to the immigration language in that agreement. The basics of the TN remain as follows.
Eligibility
Citizenship. As stated above, the first requirement for a TN applicant is that they are either a Canadian or Mexican citizen.
Positions. The applicant must be coming to the U.S. to work in a professional position. This list of positions includes select titles in the fields of medicine, science, teaching (college-level and above), and other jobs, such as an accountant, that are traditionally known as professional. The full list can be found in Chapter 16, Appendix 2 of the USMCA.
Minimum education requirements. Most applicants must possess at least a bachelor’s degree in the field of the TN occupation or a related field. Degrees earned from Mexican or Canadian institutions of higher education do not require a credentials evaluation, though this may still be advisable. Some professions require a specific license issued by a state, provincial, or federal government that permits the person to engage in a regulated activity or profession. Further, some positions allow for a combination of education and experience, or just experience, if the applicant does not possess a bachelor’s degree.
United States employment. The TN applicant must be coming to the U.S. to work either full-time or part-time in the named professional position. Self-employment is not acceptable. The employment must be prearranged.
Canadian citizens are eligible for the TN classification.
Application Process
For applicants applying while outside the U.S., the process differs depending on whether the applicant is a Mexican or Canadian citizen. Canadian citizens may apply for TN status at designated port of entry or pre-clearance/pre-flight inspection stations and enter the U.S. without a visa. The applicant simply provides the CBP officer with their complete application package, pays the fee, and, upon approval, will be admitted and issued an I-94.
Mexican citizens, however, must have an initial TN application adjudicated at a U.S. consulate. This involves completing and submitting the DS-160 online, scheduling a visa appointment at the U.S. consulate/embassy in Mexico, attending the interview, receiving a visa stamp in the applicant’s passport, then entering the U.S. at designated port of entry or pre-clearance/pre-flight inspection stations. As always, there is a fee involved.
Duration
The TN is a nonimmigrant classification, which means that it is inherently temporary. The initial TN can be approved for up to 3 years, but may be limited depending on how long the professional assignment is. A TN is eligible for extensions while the applicant is in the U.S., or the applicant can depart the U.S. and apply for another TN while abroad using the same application procedure required for the initial application.
While the TN may be appropriate in certain situations, keep in mind that it is only to be used for specific professions and does not lead directly to permanent residency (green card) in the U.S.
My office regularly assists and advises on TN applications. If you have questions about the TN application process or whether it is a good fit for you or your proposed employee, I encourage you to reach out using the or Contact Us form or by emailing info@pdortegalaw.com.
Sources
“TN NAFTA Professionals.” USCIS, 24 Feb. 2021, www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals.
U.S. Department of State, U.S. Department of State, travel.state.gov/content/travel/en/us-visas/employment/visas-canadian-mexican-usmca-professional-workers.html. Accessed 17 Dec. 2024.
16-1 Chapter 16 Temporary Entry for Business Persons, ustr.gov/sites/default/files/files/agreements/FTA/USMCA/Text/16_Temporary_Entry.pdf. Accessed 17 Dec. 2024.
