If you are either a Canadian or Mexican citizen, you may be eligible for the TN visa to allow you to work in the United States in a professional capacity.

The TN Visa provides a simpler and faster route for Canadians and Mexicans specializing in a wide range of fields—such as engineering, science, accounting, and healthcare—to live and work in the US temporarily. The visa is particularly beneficial because it does not require labor certification or sponsorship by an employer, making it one of the most accessible work visa options for Canadian and Mexican citizens.

The following guide for visa applicants looks at the TN visa rules and requirements. We also look at how to apply for a TN visa, the cost and time involved, and the rules for dependents and extensions.

Section A: What is the TN Visa?

The TN Visa is a special work visa that allows qualified Canadian and Mexican citizens to work in the United States in certain professional roles.

Among the types of Canadian or Mexican professionals eligible to seek admission as TN nonimmigrants are accountants, lawyers, engineers, pharmacists, scientists and teachers.

Under the TN visa rules, as a qualifying Canadian or Mexican professional, you can come to the United States to engage in any USMCA-accepted profession.

The TN Visa is usually granted for an initial period of up to three years, with the option to extend it if your employment continues.

Your spouse or any child under 21 can also accompany or follow to join you, however, they will not be permitted to work while in the US, although they will be permitted to undertake study.

1. Background to the TN Visa

The TN visa is a nonimmigrant visa intended for USMCA professional workers, where USMCA stands for the United States-Mexico-Canada Agreement. The USMCA came into force on July 1, 2020, replacing the North America Free Trade Agreement (NAFTA), which was introduced back in 1994 between the United States (US), Canada, and Mexico.

Both the NAFTA and USMCA agreements were designed to eliminate barriers to trade and investment. As such, TN (Trade NAFTA) visas are specifically for citizens of Canada and Mexico wanting to work in the US, where TN nonimmigrant classification allows eligible Canadian and Mexican citizens to seek temporary entry into the United States to engage in prearranged business activities at a professional level with US or US-based employers.

Under NAFTA (and now the United States-Mexico-Canada Agreement, or USMCA), the TN Visa provides a streamlined process for professionals in fields such as engineering, accounting, and science to work in the US without the lengthy and complex procedures required by other work visas.

2. Application Process

The TN Visa application process differs for Canadian and Mexican citizens, though both must meet the same eligibility criteria and submit similar documentation.

For Canadian citizens, the TN visa process is relatively simple. They simply apply for a TN Visa directly at the US port of entry (land border or airport) by presenting their documents to the Customs and Border Protection (CBP) officer.

Mexican citizens, however, follow a more standard process and must apply at a US consulate or embassy in Mexico. This involves submitting an application, attending an interview, and providing supporting documentation.

3. Benefits of the TN Visa

The TN Visa offers numerous advantages for both employers and employees, making it a preferred option for skilled professionals from Canada and Mexico seeking employment in the United States.

a. Benefits For Employees (TN Visa Holders)

The TN Visa allows professionals to work in the US without the need for extensive documentation or complex application processes, unlike other work visas such as the H-1B.

For Canadian citizens, the TN Visa process is particularly fast. Applicants can receive approval and begin working in the US almost immediately at a US port of entry.

The TN Visa is initially granted for up to three years and can be extended indefinitely as long as the holder continues to meet the visa requirements.

TN Visa holders can bring their spouse and children (under the age of 21) to live in the US under the TD Visa. While they cannot work, they can study and live in the country.

Unlike other US work visas, the TN Visa does not require labor certification or an employer’s petition, making the process simpler and more accessible.

b. Benefits For Employers

The TN Visa enables US employers to hire highly skilled workers from Canada and Mexico in a wide range of professions. This is especially beneficial in fields where there may be a shortage of qualified workers domestically.

Since Canadian citizens can apply for the TN Visa directly at the port of entry, US employers can hire foreign workers quickly and efficiently without needing to go through a lengthy immigration process.

The TN Visa process is more affordable than other work visa options, such as the H-1B, which involves additional application and attorney fees, as well as a more complex process.

Employers can hire workers on a temporary basis with the ability to extend the visa as needed, providing flexibility in staffing. Additionally, TN Visa holders can switch employers without needing to reapply for a new visa as long as the new role qualifies under the TN Visa list.

Section B: Eligibility Criteria for the TN Visa

To be eligible for TN nonimmigrant status, there are various eligibility requirements that have to be met, including:

1. Citizenship

The applicant must be a citizen of Canada or Mexico. Permanent residents of Canada and Mexico are not eligible for TN visas. This is a key distinction, as the TN Visa is specifically available to nationals of these two countries under the provisions of NAFTA/USMCA.

2. Eligible Profession

The applicant must work in a job that is listed in the USMCA (formerly NAFTA) Professional List. Currently, this includes a variety of fields, such as engineers, computer systems analysts, accountants, scientists, and medical professionals.

[Insert table 2: TN Visa Eligible Professions]

These roles are categorized as “professionals” because they require a specific level of education, training, and experience. The applicant must show that they meet the qualifications needed to perform the duties of the job as outlined in the TN Visa Professional List.

3. Educational and Professional Credentials

The applicant must provide documentation proving that they meet the education and experience requirements for the specific job. Most professions require a bachelor’s degree or equivalent as an entry-level requirement.

Where a degree is required, experience cannot be substituted for that degree, although, for some professions, an alternative to a bachelor’s degree is listed.

In some cases, however, experience is also required in addition to the applicant’s degree and can help fulfil the qualification requirements, especially if the applicant has significant expertise in the job they are being hired for. Experience must be documented through employment records, reference letters, or other supporting materials.

For some occupations, such as lawyers, doctors, or engineers, the applicant may also need to provide proof of professional licensure or certification, depending on the state requirements in the US.

A complete list of accepted professions with the minimum educational requirements and alternative credentials for each is set out under Appendix 2 of USMCA, Chapter 16.

4. Job Offer

The applicant must have a valid job offer from a US employer in a position that qualifies under the TN Visa guidelines. This job must be temporary, and the employer must demonstrate that the role is consistent with the professional classification on the TN Visa list. Self-employment does not qualify for TN classification.

5. Intention to Depart

The applicant must demonstrate intent to return to their home country on expiry of their TN visa.

Section C: TN Visa Application Process for Canadians

Canadian citizens benefit from a streamlined process when applying for a TN Visa. Unlike other foreign nationals, Canadians do not need to go through a US embassy or consulate for approval. Instead, they can apply directly at a US port of entry, such as a land border crossing or an airport with a US Customs and Border Protection (CBP) office.

This means that Canadians do not need to apply for a visa before entering the US; they simply present their required documents to the CBP officer at the port of entry. The process is fast and convenient, allowing Canadian professionals to apply for the TN Visa and begin working almost immediately, provided they meet the necessary requirements.

1. Applying at the US Border: Step-by-Step Guide for Canadians

Step 1: Prepare the Necessary Documents: Before heading to the US port of entry, gather all required documentation.

Step 2: Arrive at the US Port of Entry: Canadian citizens can apply for the TN Visa at a land border crossing or at pre-clearance airports with a US Customs and Border Protection (CBP) office.

Step 3: Present Documents to CBP Officer: When you reach the US border or airport, present your documentation to the CBP officer. They will review your materials to ensure you qualify for a TN Visa based on your job offer and professional credentials.

Step 4: Answer Questions and Provide Supporting Information: The CBP officer may ask you questions about your employment, qualifications, and your intended stay in the US. Be prepared to explain your job role, education, and any other details that may support your application.

Step 5: Approval and Entry to the US: If everything is in order, the CBP officer will approve your TN Visa application, and you will be granted entry into the US with permission to work for your employer. You will typically receive a stamp in your passport confirming your TN status.

2. Supporting Documents

Although a visa is not required, Canadian citizens must still present proof of their eligibility, including:

a. A valid job offer from a US employer for a position that qualifies under the TN Visa Professional List.

b. Valid passport: A passport that is valid for the duration of your intended stay in the US.

c. Educational credentials: Original or certified copies of your diplomas, transcripts, or other documents that demonstrate your qualifications for the job (such as degrees in relevant fields).

d. Professional licenses (if applicable): Any professional licenses or certifications required for the job, such as an engineering license or medical credentials, if applicable.

e. Proof of experience (if required): In some cases, particularly if you have an alternative to formal education, proof of work experience may be needed.

At the border, CBP officers will review the documentation and decide whether the applicant meets the eligibility requirements. If approved, the applicant can begin working in the US immediately.

Section D: TN Visa Application Process for Mexicans

Mexican citizens have to go through a more formal application process compared to Canadians to obtain a TN Visa, which involves submitting a TN Visa application at a US consulate or embassy in Mexico, attending an interview and receiving approval before traveling to the US to work.

1. Step-by-Step Guide for Mexican TN Visa Applicants

Step 1: Gather the Required Documentation: Before applying, make sure you have all the required documentation ready. This includes:

Step 2: Complete the DS-160 Form: Mexican applicants must complete the DS-160 form, the online nonimmigrant visa application. This form will ask for personal information, details about your intended job in the US, and other background information.

Step 3: Pay the Application Fee: There is a non-refundable fee for processing the TN Visa application. This fee must be paid before scheduling your visa interview.

Step 4: Schedule and Attend an Interview: After completing the DS-160 form and paying the fee, you must schedule an appointment at the US consulate or embassy for an interview. At the interview, you will present your documents and answer questions about your qualifications and the job you are being hired for.

Step 5: What to expect during the interview: The consular officer will verify your qualifications, the validity of your job offer, and whether your intended employment qualifies under the TN Visa requirements. Be prepared to provide clear, detailed answers about your job role and professional credentials.

Step 6: Visa Approval and Issuance: If the consular officer approves your application, you will receive your TN Visa, which will allow you to travel to the US and begin working for your employer. The visa will be placed in your passport, and you will be able to travel to the US with the proper documentation.

Step 7: Travel to the US: Once you receive your TN Visa, you can travel to the US and present your visa to the US Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will verify your documents and grant you entry into the US to begin working.

2. Supporting Documents

If you are a USMCA professional required to apply for a TN visa in advance, you will need to bring the following documentation with you to the interview:

a. your passport, valid for a minimum of 6 months beyond your period of stay in the US

b. the confirmation page for your nonimmigrant visa application, Form DS-160

c. the application fee payment receipt, if you are required to pay before your interview

d. a photo in the appropriate format, but only if you are a Mexican citizen applying outside of Mexico and your photo upload has failed while completing the online application

e. a contract or letter of employment to show that you have a US job offer in one of the professional occupations listed in Appendix 2 of USMCA, Chapter 16

f. documentation proving that you meet the minimum educational and experience requirements as set out in Appendix 2 of USMCA, Chapter 16.

Evidence of your education could include degrees, diplomas, certificates, professional licenses and membership in professional organizations, whilst evidence of your experience could include letters from former employers or business records if you were self-employed.

In the context of the letter from your prospective US employer, in addition to confirming your upcoming employment, this should also include the following details:

a. your purpose of entry and anticipated length of stay in the US

b. a detailed description of your proposed job responsibilities

c. your educational qualifications or other appropriate professional credentials

d. proof of compliance with any Department of Homeland Security regulations or state laws

e. the arrangements for your pay.

Section E: TN Visa Application Processing Times & Fees

The processing time for a TN Visa varies based on the applicant’s citizenship and whether they opt for Premium Processing.

Canadians have a streamlined process, as they do not need a visa in advance. They can obtain TN status directly at a US port of entry, often within a few hours, provided they present all the necessary documentation to prove eligibility.

Mexican applicants typically face longer processing times. Applying through a US consulate or embassy can take several months, with an average wait time of around six months.

For those seeking expedited processing, applicants can pay an additional fee of $2,805 for Premium Processing, which guarantees a decision within 15 business days. It’s important to note that while Premium Processing speeds up the decision, it does not increase the likelihood of approval.

The costs associated with a TN visa can vary, depending on whether you are a Canadian or Mexican citizen, as well as how you choose to apply.

For Mexican citizens, The standard fee for applying at a US consulate or embassy is $185.

If you are a Canadian applying at the US border, you will be charged a $50 application fee and a $6 fee for your I-94 arrival/departure card. These fees can usually be paid by cash or credit card directly to the Customs and Border Protection (CBP) officer during the application process at the border.

Section F: Duration and Extension of the TN Visa

One of the key advantages of the TN Visa is its flexibility and relatively straightforward process for extension. Unlike many other work visas, the TN Visa does not require a set path to permanent residency, allowing individuals to stay in the US for as long as they maintain their qualifications and job status.

1. How Long is the TN Visa Valid For?

When first granted, the TN Visa is typically valid for a period of up to three years. This duration allows professionals to work in the US for a reasonable amount of time under the terms of the visa agreement, which is aligned with the specifics of the job offer.

The initial validity of the TN Visa can vary slightly depending on the specific terms of the employment contract and the discretion of the US Customs and Border Protection (CBP) officer (for Canadian citizens applying at the border) or the consular officer (for Mexican citizens applying at the embassy). However, most TN Visas are granted for three years when all conditions are met.

If you are bringing family members (spouse and children under 21 years of age) on a TD Visa (dependent visa), their stay is generally aligned with your TN Visa, and they can live and study in the US, although they are not authorized to work.

2. Extensions and Renewals

The TN Visa offers flexibility in terms of extensions, allowing professionals to stay longer in the US without needing to reapply for a new visa. Extensions are available, and the process for extending your TN Visa is relatively simple.

If you need to continue working in the US beyond the initial validity period of your TN Visa, you can request an extension.

To extend your TN Visa, you must provide proof that you still meet the eligibility criteria, including a valid job offer from a US employer and proof that you continue to work in a role that qualifies under the TN Visa professions list.

The employer must also confirm that the terms of employment (e.g., job duties and salary) are consistent with the original TN Visa application.

[Insert table 6: Extension Process for TN Visa Holders]

If you are applying for an extension while in the US, you can do so by filing a petition with US Citizenship and Immigration Services (USCIS) or simply applying at the port of entry (for Canadians) or through consular processing (for Mexicans) if you are outside the US.

Extensions are usually granted for an additional three-year period. There is no limit to the number of times you can extend your TN Visa as long as you continue to meet the requirements for the visa.

After several extensions, however, US immigration authorities may scrutinize your case more closely to ensure that your position is genuinely temporary and that you are not in violation of the nonimmigrant nature of the TN Visa.

3. Maximum Stay Limits

Although there is no formal maximum duration for the TN Visa (other than through continuous extensions), the general rule is that each TN Visa is initially granted for a maximum of three years. The visa can be issued for less than three years if the employer’s job offer is shorter, but three years is the standard.

The TN Visa is intended for temporary work. Even though the visa can be extended for several years, it is still considered a nonimmigrant visa, meaning that the holder is expected to leave the US once their employment ends or when the visa is no longer valid. However, as long as you continue working in a professional capacity and meet the qualifications, you can keep extending your stay.

Unlike some other work visas, the TN Visa requires the applicant to maintain an intent to return to their home country once their temporary work in the US is completed. As such, US immigration authorities may examine whether an individual is attempting to stay in the US permanently or is working to fulfil the temporary nature of the TN Visa.

4. What Happens After Several Extensions?

After several years of extension, there may be additional scrutiny from immigration authorities to determine whether the TN Visa holder’s situation still meets the visa’s temporary and professional criteria. This is particularly true if the applicant has been in the US for an extended period, as officials may question whether the individual’s role still qualifies under the TN Visa rules.

If the TN Visa holder decides they no longer wish to extend their TN Visa or if they seek permanent residency in the US, they may explore other immigration options, such as the Green Card process, if eligible.

5. Important Considerations for Extension or Renewal

It is essential to continue meeting the eligibility criteria for the TN Visa, such as working in a qualified profession, having a valid job offer, and holding the necessary education and credentials.

If you change employers while on a TN Visa, you must notify USCIS and may need to apply for a new TN Visa, particularly if the new employer’s job position or professional qualifications differ from the initial visa application.

If your job duties or position change significantly, or if you switch to a role that does not qualify under the TN Visa list, your TN Visa may be subject to cancellation or require reapplication.

Section G: Common Issues and Challenges with the TN Visa

The TN Visa is one of the most accessible work visa options for Canadian and Mexican professionals seeking to work in the United States. However, like any immigration process, the TN Visa application can sometimes encounter issues or challenges that risk processing delays and potential visa refusal.

1. Common Reasons for TN Visa Denials

While the TN Visa process is often straightforward, several issues can lead to denials. Here are some of the most common reasons:

[Insert table 5: Common Reasons for TN Visa Denials]

a. Failure to Meet Professional Qualifications

One of the most frequent reasons for a TN Visa denial is the applicant’s failure to meet the educational or professional experience requirements for the job. The TN Visa is only available to individuals in specific professions (listed under the NAFTA/USMCA agreement), and the applicant must prove that their qualifications align with the job’s requirements. For instance, an applicant must have a degree or equivalent professional experience relevant to the position.

b. Job Does Not Qualify Under the TN Visa List

The TN Visa is limited to certain professional roles, such as engineers, scientists, accountants, and health professionals. If the job is not listed as a TN-eligible profession, the visa application will be denied. Additionally, the duties of the job must be closely aligned with the professional category, and any significant deviation in job responsibilities could result in a denial.

c. Insufficient Documentation

TN Visa applications require specific documentation, including a job offer letter, educational credentials, proof of professional experience, and sometimes professional licenses. A lack of required documents, incomplete paperwork, or documents that do not clearly demonstrate eligibility can lead to denial.

d. Failure to Demonstrate Temporary Intent

The TN Visa is a nonimmigrant visa, meaning applicants must demonstrate their intent to return to their home country once their temporary work is completed. If the applicant cannot show that their stay in the US is temporary (for instance, if they express an interest in permanent residency), the application may be denied.

e. Inconsistent or Contradictory Information

Any discrepancies in the information provided on the visa application, such as conflicting job duties, educational qualifications, or work experience, can lead to a denial. It is essential that the application is consistent and that all supporting documents align with the visa requirements.

f. Ineligibility of the Employer

If the US employer does not meet the legal requirements, such as providing proof that the job is a professional-level position or that the applicant’s role aligns with TN Visa standards, the application may be rejected. Employers must also comply with US labor laws when hiring foreign workers.

2. What to Do if Your TN Visa is Rejected?

If your TN Visa is denied, it is important to stay calm and assess your options.

The first step is to understand why your TN Visa application was rejected. The US Customs and Border Protection (CBP) officer or consular officer will typically provide a reason for the denial. This feedback will help you identify whether the issue is related to your qualifications, the job role, or the documentation.

If the denial was due to incomplete or insufficient documentation, gather the missing materials and submit them for reconsideration. If the denial was based on misaligned job duties or qualifications, you may need to provide further clarification or amend your application to better reflect the eligibility requirements.

In some cases, especially if the reason for the denial is complex or unclear, it may be beneficial to consult with an immigration attorney. An experienced attorney can review your case, help you understand the reason for the denial, and guide you through the process of reapplying or appealing the decision.

Depending on the nature of the denial, you may be able to reapply with updated documentation or clarification. In certain cases, it may be possible to appeal the decision, though this process can be more complex and time-consuming.

If your TN Visa is denied at the US border (for Canadians), you may be able to resolve the issue and reapply at a different port of entry. However, it’s important to first address the issue that led to the denial.

If your TN Visa is denied during consular processing (for Mexicans), the consulate may provide information on how to resolve the issue, including whether a reapplication or an appeal is possible.

3. Issues at the Border or Consular Processing
Whether you are applying for a TN Visa at the border (for Canadians) or going through consular processing (for Mexicans), there are several tips to help navigate potential issues:

a. Be Prepared and Organized

One of the best ways to avoid delays or denials is to ensure that your application is thoroughly prepared. Gather all required documents, including your job offer letter, educational credentials, proof of professional experience, and any other supporting materials. Keep everything organized and make sure all documents are clear, accurate, and up-to-date.

b. Know Your Profession and Job Duties

Be prepared to discuss your job role and how it fits the requirements of the TN Visa. If you are applying at the border, CBP officers may ask about the specifics of your job, including your responsibilities, qualifications, and the nature of your employment. Make sure you can confidently explain why your position qualifies under the TN Visa list.

c. Clarify Your Intent to Return

The TN Visa is for temporary employment, so it’s essential to demonstrate that you intend to return to your home country once your work is complete. If questioned about your long-term plans, be clear and honest about your temporary intent. Avoid making statements that may suggest you intend to stay permanently in the US.

d. Be Professional and Polite

Whether you are at the US border or attending a consular interview, it’s important to be courteous, respectful, and professional. Immigration officers are there to assess your eligibility based on the criteria set by US law. A positive and cooperative demeanor can help facilitate the process.

e. Prepare for Possible Delays

While the TN Visa process is typically fast, it’s essential to be prepared for the possibility of delays, especially if there are issues with your documentation or eligibility. Make sure you have ample time to resolve any issues before your intended start date.

f. Understand the Consular Interview Process

If you are going through consular processing (for Mexican citizens), be aware that the interview is a critical step in the approval process. Prepare by reviewing your job offer letter, educational credentials, and professional experience. Be ready to answer questions clearly and provide any additional documents if requested.

g. Consider the “Doubtful” Category

If an officer at the border or during consular processing expresses doubts about your eligibility or documents, you may be in the “doubtful” category. If this happens, ask for clarification and, if necessary, offer to provide additional documentation or proof to support your case.

Section H: Family Members of TN Visa Holders

One of the benefits of the TN Visa is that it allows family members (spouse and children) to accompany the primary visa holder during their stay in the US.

1. Dependent Visa Rules

As with the principal TN nonimmigrant, the way in which any dependents apply for a TD visa will depend on whether they are Canadian or Mexican citizens, where the rules are:

a. Canadian citizens

No visa will be required, but they will still need to seek admission at a CBP-designated US port of entry or a designated pre-clearance/pre-flight inspection station. They will also need to provide proof of Canadian citizenship; proof of their relationship with you, such as a marriage or birth certificate; and, if they are seeking to join you in the US at a later date, photocopies of your admission documents and proof that you are maintaining your USMCA professional status by way of a valid Form I-94.

b. Mexican citizens

A visa will be required, where any dependent must first apply for a TD visa at a US embassy or consulate. They will then need to apply for admission at a CBP-designated US port of entry or a designated pre-clearance/pre-flight inspection station. If they are seeking to join you in the US, they will again need to provide proof that you are maintaining your TN visa status by way of a valid Form I-94.

c. Other nationalities

If your spouse or dependent child is neither a citizen of Canada nor Mexico, you should check with the US Department of State to determine whether a TD visa is required and, if so, how to apply. Even if a visa is required, your spouse and/or child(ren) will still need to seek admission on arrival, where they will need to provide proof of a bona fide spousal or parent-child relationship, plus proof that you are maintaining your TN status.

Importantly, if you are a Canadian citizen residing in a third country with a non-Canadian spouse and/or child(ren) and are planning to enter the US as a USMCA professional with your immediate family, you will need a TN visa for any dependent to apply for a TD visa.

2. TD Visa Overview

Family members of TN Visa holders can join the primary visa holder in the US under the TD Visa (Trade Dependent Visa). This visa allows the spouse and unmarried children under 21 years old of a TN Visa holder to reside in the US while the TN Visa holder works. However, there are some important conditions and restrictions attached to the TD Visa that family members should be aware of.

Only the spouse and children under 21 years old of the TN Visa holder are eligible to apply for a TD Visa. Children over the age of 21 are no longer eligible to accompany the TN Visa holder on a TD Visa and would need to pursue other visa options if they wish to join the TN Visa holder in the US.

The TD Visa application process is simpler than the TN Visa process. Family members do not need to apply for a separate visa unless they are from a country that requires a visa to enter the US (e.g., Mexico).

For Mexicans, family members must apply for a TD Visa through the US consulate or embassy in Mexico.

3. Rights and Restrictions for Family Members

While the TD Visa allows family members to live in the US with the TN Visa holder, there are certain rights and restrictions they must be aware of.

a. Right to Live in the US

Family members holding a TD Visa are allowed to live in the US for the duration of the TN Visa holder’s stay. If the TN Visa holder is granted an extension, family members can also extend their TD status to continue living in the US.

b. Right to Study

Children holding a TD Visa are allowed to attend school or university in the US. They can enroll in primary, secondary, or postsecondary education programs, just like US citizens or permanent residents. There are no restrictions on the level of education that TD Visa holders can pursue while in the US.

c. Right to Work

Spouses of TN Visa holders on a TD Visa are not authorized to work in the US under the TD Visa. Unlike other dependent visas (e.g., H-4 visa holders), the TD Visa does not allow spouses to work, even though they can live and study in the US.

If the spouse wishes to work in the US, they would need to apply for a separate work visa, such as an H-1B, O-1, or L-1 visa, if they meet the qualifications for one of those categories.

d. Travel and Reentry

Family members holding a TD Visa can travel in and out of the US while the TN Visa holder maintains valid status. However, they must ensure that they have their TD Visa and any required documentation when returning to the US to avoid any issues at the border.

If the TN Visa holder’s status expires or is revoked, the TD Visa holder’s status will also be affected, and they must leave the US upon the TN Visa holder’s departure.

e. Dependents Over 21

Once a child reaches the age of 21, they are no longer eligible for the TD Visa and must leave the US or seek another visa option if they wish to remain. If the child is married, they are also ineligible for the TD Visa, regardless of their age.

f. Changes in TN Status

If the TN Visa holder changes employers or roles, or if there are changes in their immigration status, the family members on the TD Visa will also need to update their status accordingly. This may involve applying for a new TD Visa or adjusting status if the family member wants to change their visa type.

Section I: TN Visa vs Other US Work Visas

The TN Visa is one of several US work visas that allow foreign nationals to live and work in the United States. However, it differs in key ways from other popular work visa categories, such as the H-1B, L-1, and O-1 visas. Understanding these differences can help professionals and employers make informed decisions about which visa is best suited for their situation.

[Insert table 1: Comparison of U.S. Work Visas]

1. TN Visa vs. H-1B Visa

Both the TN Visa and the H-1B Visa are designed for professionals with specialized skills or qualifications, but there are significant differences in eligibility. The H-1B Visa is open to professionals worldwide, whereas the TN Visa is only available to Canadian and Mexican citizens under the USMCA (formerly NAFTA).

Both visas typically require a bachelor’s degree or higher in a specific field. However, the H-1B Visa has broader eligibility for various fields such as IT, finance, and engineering, whereas the TN Visa is more restrictive, focusing on specific professional categories like accountants, engineers, and scientists.

For the TN Visa, the application process is generally faster for Canadians, who can apply directly at a US port of entry. Mexicans, however, must go through consular processing.

The H1B application process is more complex and competitive. There is an annual cap on the number of H-1B visas issued, and applicants must submit petitions to US Citizenship and Immigration Services (USCIS). If the number of petitions exceeds the annual cap, a random lottery system is used to determine which applications are processed.

The TN Visa is typically granted for up to three years, and there is no limit to the number of extensions, provided the employment remains temporary.

The H-1B Visa is initially granted for three years, with a maximum stay limit of six years. Extensions beyond six years are possible but require applicants to pursue permanent residency.

The H-1B Visa allows professionals to change employers, but the new employer must submit a new petition. The TN Visa, however, allows Canadians to apply for a new TN Visa at the border when changing employers. Mexicans would need to apply through consular processing if changing employers.

2. TN Visa vs. L-1 Visa

The L-1 Visa is designed for employees of international companies who are being transferred to the US to work in a specialized role, such as a manager, executive, or specialized knowledge position. Unlike the TN Visa, which is available only to Canadian and Mexican citizens, the L-1 Visa can be used by foreign nationals from any country as long as they meet the employment transfer requirements.

The L-1 Visa application is handled by the employer, meaning the employee does not apply directly. The company must demonstrate that the employee has worked for at least one year in the past three years in a managerial or specialized role before being transferred to the US. On the other hand, the TN Visa process is more straightforward, especially for Canadians, who can apply directly at the US port of entry.

The L-1 Visa allows for an initial stay of one year for new companies or three years for established companies. Extensions are possible, with a maximum duration of seven years for L-1A managers/executives and five years for L-1B employees with specialized knowledge.

The TN Visa, by contrast, can be renewed indefinitely as long as the employment remains temporary.

3. TN Visa vs. O-1 Visa

The O-1 Visa is reserved for individuals with extraordinary ability in fields such as the arts, sciences, business, education, or athletics. This visa is more restrictive than the TN Visa, which requires only a bachelor’s degree or equivalent experience in a professional occupation listed under the TN Visa categories.

The application process for the O-1 Visa is more complex. Applicants must submit extensive documentation proving their extraordinary ability, including letters of recommendation, proof of awards, and other evidence of recognition in their field. The TN Visa application process is more straightforward and typically does not require such extensive documentation.

The O-1 Visa is granted for an initial period of up to three years, with the possibility of extensions in one-year increments based on the duration of the specific project or work.

The TN Visa, meanwhile, is granted for three years, but it can be extended as long as the applicant continues to meet the eligibility requirements.

Section J: Summary

The TN Visa is a nonimmigrant work visa that allows Canadian and Mexican professionals to work temporarily in the United States under the United States-Mexico-Canada Agreement (USMCA).

Designed for individuals in specific professional roles, such as engineers, scientists, accountants, and teachers, the TN Visa requires applicants to meet certain educational and experience criteria.

Canadians can apply directly at the US port of entry, making the process faster, while Mexicans must apply through consular processing.

While the TN Visa offers numerous benefits, there are several risks and considerations to keep in mind. The visa is only valid for temporary employment, and holders must prove they do not intend to immigrate permanently. Any changes to the job or employer require a new application. Failure to meet job-specific requirements or provide adequate documentation can lead to delays or denial.

Importantly, unlike some other work visas, spouses and dependents of TN Visa holders cannot work in the US without a separate work visa. Employers must also ensure they maintain compliance with US immigration laws to avoid any disruptions in employment for TN Visa holders.

Section K: Need Assistance?

NNU Immigration are specialist US immigration attorneys. For advice on making a US work visa application, such as a TN visa, speak to our experts.
Section L: FAQs

What is the TN Visa?
The TN Visa is a work visa for Canadian and Mexican citizens, allowing them to work temporarily in the United States in certain professional roles under the USMCA (formerly NAFTA). Eligible professions include engineers, accountants, scientists, and teachers.

Who is eligible for the TN Visa?
The TN Visa is available to professionals from Canada and Mexico who meet specific educational and experience requirements. Applicants must have a job offer in an occupation listed under the USMCA and hold at least a bachelor’s degree or equivalent credentials in the relevant field.

How long is the TN Visa valid for?
The TN Visa is typically granted for up to three years. It can be extended indefinitely as long as the applicant continues to meet the eligibility requirements and works in a qualifying role.

Can my family join me on a TN Visa?
Yes, your spouse and unmarried children under 21 can join you in the US on a TD Visa. They can live and study in the US, but they cannot work under this visa.

Can I change employers while on a TN Visa?
Yes, you can change employers while on a TN Visa. If you’re a Canadian citizen, you can apply for a new TN Visa at the border. If you’re Mexican, you would need to apply through consular processing.

Is TN visa better than H1B?
TN visas are for Canadian or Mexican professionals, whereas H1B visas are for any overseas national looking to work in a specialty occupation. Being admitted to the US as a TN nonimmigrant is easier than under the lottery-based H1B system.

How do I apply for the TN Visa?
Canadian citizens can apply directly at the US port of entry, while Mexican citizens must apply through a US consulate or embassy. The application requires proof of your job offer, educational credentials, and other supporting documents.

What happens if my TN Visa is denied?
If your TN Visa is denied, the reason will typically be provided. You can address any issues with additional documentation or clarification and reapply. Consulting an immigration attorney may also be helpful if you encounter difficulties.

Section M: Glossary

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Section N: Additional Resources

US Citizenship and Immigration Services (USCIS) – TN NAFTA Professionals
https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals
Provides official guidelines and requirements for TN Visa applicants, including eligibility criteria and application procedures.

US Department of State – NAFTA Professional Worker (TN) Visa
https://travel.state.gov/content/travel/en/us-visas/employment/nafta-professional-tn-visa.html
Offers detailed information on the TN Visa, including application processes for Canadian and Mexican citizens, required documentation, and interview preparation.

US Customs and Border Protection (CBP) – Applying for Admission into the United States
https://www.cbp.gov/travel/international-visitors/applying-admission-united-states
Outlines procedures for entering the US under various visa categories, including TN status, and provides insights into what to expect at ports of entry.