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There are five main requirements for individuals applying for TN visas;
The professions and their required educational or professional background are all listed in the North American Free Trade Agreement (NAFTA). With a TN visa, individuals may not work in a profession that is not listed, however, they can hold a different visa to work in a different position. The professional assignment must be in the United States (including Washington D.C and Puerto Rico, not including the Northern Mariana Islands, American Samoa, Guam, or the United States Virgin Islands) and can be part-time and full-time. TN status can also be granted for individuals who will complete training for a profession. Professions that qualify for TN status include:
Some professions do not require that the individual hold a degree, and some have different options of qualifying backgrounds (either a degree, a license, or experience). Individuals with degrees and other credentials that were acquired outside of the United States, Canada, or Mexico, must show that they are the equivalent of degrees or credentials in the United States, Canada, or Mexico. Licenses include state and provincial licenses, however, a federal license is only allowed for the profession of land surveyor for TN status. A license is an alternative to a degree, not holding a license cannot prevent an individual from applying for a TN visa. Post-secondary diplomas and certificates as well as professional experience may also qualify for some professions. Here, a post-secondary diploma is defined as a diploma that is given to an individual who has studied at an accredited post-secondary institution for at least two years in the United States or Canada. A post-secondary certificate is from a similar qualifying institution in Mexico that is recognized by the federal or state government or created by federal or state law. Professional experience can be proved by a letter, signed and on company letterhead. Typically, this letter should be from a former supervisor or a representative of the company’s human resources department. To see the list of professions and their education and professional qualifications, click here. When applying, practitioners must detail how the individual’s profession falls into one of these categories and the position’s standard responsibilities.
For TN visas, individuals must qualify as a business person. A business person is defined as a national from Canada or Mexico who trades goods, provides services, or partakes in investment activities at a professional level. Individuals with TN visas cannot be self-employed.
Individuals with TN visas must also be nationals of Canada or Mexico and must show proof of their citizenship through a passport, an enhanced driver's license, and a Trusted Travelers Program card. This requirement does not apply to family members applying for TD visas.
TN visa holders must only intend to stay in the United States temporarily. However, unlike H-1B or L-1 visas, there is no time limit on the duration of stay. To prove nonimmigrant intent, individuals should show proof that their job has an end date and that they will leave following the end date. Because of the nonimmigrant intent requirement, individuals who are beneficiaries of immigrant petitions may have a harder time getting their TN applications accepted.
Specific professions draw greater scrutiny from officials for TN applications and may lead to applications being denied more frequently. Management consulting is one of these professions as it has been frequently abused by United States employers to employ individuals without degrees. Typically, officials look for individuals who are independent contractors or work for firms that are contracted to United States entities, although these types of relationships are not necessarily required. Finally, the job responsibilities of management consulting are not clearly defined in the agreement, making it even more important for individuals who are applying for TN visas to clearly detail their job requirements and their relationship with the employer.
The professions of a scientific technician and a scientific technologist may also face difficulties as they do not have a requirement of degree or license but must have practical skill and theoretical knowledge. Theoretical knowledge is gained through education, thus it may be valuable to show proof of an academic course for the application. They cannot qualify for a TN visa for their own individual assignment but can qualify if they are working as support for professionals. Individuals applying for this profession must show that they are working under another professional in the field in which they have practical skill and theoretical knowledge.
Likewise, some medical professionals and healthcare professionals need to have a healthcare certificate from an approved agency. The certificate must include details on the agency and individual and must be valid at admission for Canadian citizens or at the time of application for Mexican citizens. The medical professionals and healthcare professionals that require certificates include some types of nurses, occupational therapists, physical therapists, speech-language pathologists and audiologists, medical technologists, physician assistants, and medical technicians. Disaster relief insurance claim adjusters, hotel managers, silviculturists, foresters, range managers, computer analysts, engineers, software engineers, plant breeders, animal breeders, and actuaries also have specifications for the TN visa that individuals must follow.
If the Secretary of Labor certifies or tells the Attorney General about a labor dispute in the same occupational classification in which a TN visa holder will be or is currently working in and the TN holder’s presence may negatively affect the situation, the visa can be denied or suspended.
Individuals who hold a TN visa cannot be self-employed. TN visa holders can, however, give services that have previously been outlined for a United States entity, unless they control the United States entity. TN visas cannot be used for an individual who comes to the United States to start a business, also making them self-employed.
The steps for applying for a TN visa differ depending on whether the applicant is a Canadian citizen or a Mexican citizen.
Individuals from Canada may apply for TN status in two different ways. They do not need a visa to enter the United States. First, they may submit a request for TN status when applying for admission at a United States port-of-entry (Class A), at a United States international airport, or at a United States pre-clearance station or pre-flight station. The other option for Canadian citizens is to apply with a petition. Employers must submit an I-129 form, or, Petition for Nonimmigrant Worker. Canadian citizens who are submitting a TN request must provide a valid Canadian Passport, a Trusted Traveler Program Card (NEXUS, FAST, or SENTRI) or an enhanced driver’s license. Individuals also must submit a support statement from a United States employer that shows that the individual is employed. Proof that the individual meets the professional requirements for the TN profession should also be presented, along with reference letters from former employers, and proof of nonimmigrant intent.
Individuals from Canada who are applying through a petition must have an I-129 form filed by the employer for the petition. I-129 forms are also used for change of status or for change in employer. Petitioners should begin with filling out part 1 of the form with information on the employer, including their federal employer identification number, or, FEIN. Part 3 includes information on the beneficiary of the petition (in this case of applying for TN status, the beneficiary can only be a Canadian citizen). For part 4, the location where the individual intends to request admittance into the United States should be indicated. Part 5 includes specific information on the job, and part 7 must be signed by the representative of the petitioner and the practitioner. On top of all of these, the individual must make sure that their passport is valid for 6 months after the end date of their petition. The I-129 should also include the Trade Agreement supplement.
Individuals also need a statement from the United States employer. The support statement should be on the company’s letterhead and signed by a representative and include details on the individual’s professional activities while in the United States, job responsibilities, duration of employment, the educational requirement for the profession, and salary and benefits. The most important part of the letter is the section that details the individual’s professional activities and job responsibilities. Thus, the support statement should be written in great detail and should include an introduction, details on the petitioner, information on why the foreign national is needed by the United States company, details on the job responsibilities of the individual and how they fit into a TN profession category, details on the educational background of the foreign national and of the individual’s other experience, details of the employment (including the salary and benefits that the individual will receive and the duration of the position), and a conclusion.
The G-28 form, or, Notice of Entry of Appearance as Attorney or Accredited Representative must also be completed for the petition. The form can either represent both the employer and the foreign national or only the foreign national, both are allowed if the United States company is the client but only the second option is allowed if the client is the foreign national. Canadian citizens who submit petitions beforehand must also submit the I-129 form TN supplement and pay the required fee.
There are advantages and disadvantages to both approaches. Filing a petition with the United States Citizenship and Immigration Services (USCIS) involves a fee and takes time for processing. Individuals can apply for premium processing, which shortens the processing time to 15 days, but this is a costly process. However, applying beforehand gives the individual a more secure TN status, versus if the individual applies for admission at a port-of-entry where another interview may be required and the individual may even be denied entry. Likewise, if an individual submits a petition and is required to submit more information, they can have help with submitting the required documentation. Individuals must also pay a $50 fee, and a $6 fee if they enter at a land port-of-entry.
Immigration inspectors may deny entry if they do not believe that the individual qualifies for TN status. In this case, individuals may withdraw their application in order to prevent formal removal proceedings and other difficulties in the future with TN applications.
Individuals from Mexico have a different application process. Mexican citizens must apply through a consulate abroad. Applications for extensions or change of status may go through the United States Citizenship and Immigration Services (USCIS). Mexican citizens must begin by submitting the DS-160 form, or, the Nonimmigrant Visa Petition form, submit their photo to specifications, and pay the required fee. Then, individuals may schedule an appointment at their consulate for an interview. Individuals must also present supporting documentation to the consulate, including proof of citizenship, a valid Mexican passport, a support statement from the United States employer, proof of qualifications for the TN professions, proof of nonimmigrant intent, and any other supporting documentation. Since different consulates may have different requirements for the TN application process, individuals should always check with their consulate beforehand for any other requirements it may have. TN status for Mexican individuals is only valid for the length of their employment or for a year (whichever is shorter).
Once individuals have been approved through the consulate, individuals can apply for admission at a United States port-of-entry (class A), at a United States international airport, or at a United States pre-clearance or pre-flight station. Individuals must present their TN visa and a copy of the letter from their employer, which should outline the job responsibilities and start and end dates.
As there are different ways of applying for TN status or a TN visa, there are different required forms.
The processing timeline greatly depends on the individual’s citizenship and on the way they apply. Canadian citizens who apply through a petition may have to wait for up to 6 months for their I-129 to be processed unless they pay for expedited processing which takes 15 days. If they apply at a port of entry, admission takes a few hours. For Mexican citizens who apply through a consulate, processing time depends on the location and time of year. Likewise, some applications require additional processing.
Fees for Canadian Citizens Applying Through Petitions
Base Total: $460
Fees for Canadian Citizens Applying Through Request
Base Total: $50
Fees for Mexican Citizens Applying Through the Consulate
Total: $160
To file for an extension, individuals can file for an extension through the United States Citizenship and Immigration Services (USCIS) as long as they are still in status and are in the United States. Canadian citizens may also show a new TN petition at the border and Mexican citizens may show a new TN visa application at a consulate in place of an extension.
If the employment of an individual is terminated, the individual has a grace period of 60 days or until the duration of stay ends (whichever is shorter). During this period, individuals are not authorized to work, but they can seek to change their status or find a new job.
Yes, it is possible to apply for an immigrant visa while holding TN status. While there are many ways to go about this process, perhaps the safest method is by applying for a visa that allows for dual intent, such as an H-1B visa (not including H-1B1 visas which does not offer dual intent). This allows for individuals to hold their status as a nonimmigrant visa holder while applying to become a permanent resident. However, this may take many years to complete as there are a limited amount of H-1B visas that can be issued a year and are chosen by lottery.