TN
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The United States-Mexico-Canada Agreement (USMCA), formally the North American Free Trade Agreement or NAFTA, created special economic and trade relationships for the United States, Canada and Mexico.
The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
Eligibility Criteria
An individual may be eligible for TN nonimmigrant status, if:
- They are a citizen of Canada or Mexico;
- Their profession qualifies under the regulations;
- The position in the United States requires a USMCA professional;
- They have a prearranged full-time or part-time job with a U.S. employer (but not self-employment); and
- They have the qualifications to practice in the profession in question.
NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.
Duration of Stay
The initial period of stay is three years. To remain in the United States beyond your initial period of stay without first departing from the United States, the individual must seek an extension of stay. If you in the United States, the employer may file Form I-129 on behalf of the visa holder.
Application Requirements
TN Status: Mexican vs. Canadian Citizens
| Category | Mexican TN | Canadian TN |
|---|---|---|
| Visa Required Before Entry | Yes. Must obtain a TN visa stamp at a U.S. consulate before entering the U.S. | No. Canadians may apply directly at the port of entry or pre‑flight inspection. |
| Where Application Is Filed | U.S. consulate in Mexico (visa interview required). | At the border, airport pre‑clearance, or via USCIS petition. |
| Processing Time | Dependent on consulate availability; can vary significantly. | Same day at the border/airport; USCIS petition optional. |
| Documentation Requirements | Similar to Canadians, but must meet consular requirements and pay visa fees. | Employer letter + proof of qualifications; no visa stamp required. |
| Entry to the U.S. | Must enter with TN visa in passport. | May enter with TN approval at the border (no visa stamp). |
| Extensions | Can extend inside the U.S. through USCIS or renew at a consulate. | Can extend inside the U.S. through USCIS or renew at the border. |
| Dependents (TD) | Spouse/children apply for TD visas at consulate. | Spouse/children apply for TD status at border or via USCIS. |
For Canadian Citizens
Canadian citizens are generally exempt from the visa requirement for admission to the United States as nonimmigrants. Because of this exemption, Canadian citizens do not need to obtain a TN visa at a U.S. consulate.
Canadian citizens may establish eligibility for TN classification at the time of entry by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at a designated U.S. port of entry or pre‑clearance/pre‑flight inspection station.
To apply for TN status at the border, Canadian citizens must provide:
- Proof of Canadian citizenship;
- A detailed employer support letter describing the professional role, purpose of employment, anticipated length of stay, and required qualifications;
- Evidence of credentials, including evaluations if applicable; and
- Applicable fees, as required by CBP.
The applicant can apply at the Port of Entry, the U.S. Consulate in Canada or in the United States.
For Mexican Citizens
Mexican citizens must obtain a TN visa at a U.S. embassy or consulate in Mexico before entering the United States in TN status. This includes completing the visa application process, attending a consular interview, and presenting required documentation.
Once the TN visa is issued, the individual may apply for admission in TN status at any CBP‑designated U.S. ports of entry or at a designated pre‑clearance or pre‑flight inspection station.
To apply for TN status at the border, Mexican citizens must provide:
- A valid TN visa in their Mexican passport;
- A detailed employer support letter describing the professional role, purpose of employment, anticipated length of stay, and required qualifications;
- Evidence of credentials, including evaluations if applicable; and
- Applicable fees, as required by CBP.
Mexican citizens may also extend or change TN status inside the United States through an I‑129 petition filed by the employer with USCIS.
Fees
If applying inside the United States through an I-129, the employer must pay the required I‑129 filing fee and the anti‑fraud fee. The applicant is responsible for any fees charged at the port of entry or U.S. Consulate.
Dependents
Any accompanying or “following‑to‑join” spouse and unmarried children under age 21 may be eligible for TD nonimmigrant status. Spouses and children:
- Are not permitted to work in the United States, but may study.
- Receive TD status for the same period granted to the principal TN nonimmigrant, and not beyond that period.