TN Canadian/Mexican Professionals

TN classification is available to Canadian and Mexican citizens pursuant to the North American Free Trade Agreement (NAFTA). Under NAFTA, Canadian and Mexican citizens may temporarily enter the U.S. to engage in business activities at a professional level. To qualify for TN status, a candidate must intend to enter the U.S. to work in a profession designated on Schedule A of NAFTA. For information on TN status and qualifying professions, click here.

Educational and experience requirements for TN professions vary, but many qualifying TN professions require completion of a Bachelor’s or Licenciatura Degree. Generally, U.S. Citizenship & Immigration Services (USCIS) will expect a TN candidate to possess a degree related to the professional field. In addition, if a degree is required and the candidate’s degree was gained at an educational institution outside of North America, the degree must be evaluated by a credentials evaluation service as the equivalent to a U.S. degree.

Unlike H-1B or L-1 classifications, TN workers are required to maintain a foreign residence and may not have the intention of seeking permanent residence in the U.S. It is therefore very important for TN workers to maintain ties to Canada or Mexico during their employment in the U.S., such as real property, leases, bank accounts, credit cards, etc., and be able to provide documentation of these ties if required.

TN classification requires an employer sponsor, and permits employment only with the petitioning company. It is possible for an individual to hold TN status with more than one employer; but separate approval for each TN employment is needed.

TN application procedures for Canadian and Mexican citizens differ. Canadians may apply for TN-1 status at any Class A port of entry (includes air, sea, and land ports). Typically, Canadian citizens flying to the U.S. from Canada will apply for TN-1 status at a Pre-Flight Inspection Station at a Canadian international airport, before leaving Canada.

Currently, Mexican applicants for TN-2 status must pursue a more standard visa issuance process. U.S. employers of Mexican citizens must petition USCIS for TN-2 classification approval. The TN-2 process requires the employer to comply with Labor Condition Application procedures, much like the process for H-1B status. Also, Mexican applicants must obtain a TN-2 visa from a U.S. embassy or consulate prior to entering the U.S.

Initial TN-2 petitions for Mexican citizens, and TN extension petitions for both Mexicans and Canadians, can be filed with a request for premium processing, which guarantees a response from USCIS within 15 days upon payment of an additional $1000 fee and allows immigration counsel or the petitioner to make direct contact with USCIS concerning the case. Regular processing usually takes several months, although the time frame depends upon the current processing times for each USCIS Service Center.

TN Duration

TN status may be approved in one-year increments, but can arguably be renewed indefinitely (also in one-year increments) after initial entry. One advantage of the TN category is that, unlike the H-1B visa category, the TN has no annual limits per fiscal year. Furthermore, unlike the H-1B or L-1 nonimmigrant visa categories, there is no set overall limit on the number of years a Canadian or Mexican citizen may remain in the U.S. in TN status.

Dependents

Dependents (spouses and unmarried children under 21) of TN workers are entitled to TD status. Dependents in TD status are not authorized to work in the U.S.