What is the TN USCMA Professional Visa?
The TN visa category, established under NAFTA and continued through the U.S.-Canada-Mexico Agreement (USMCA), allows Canadian and Mexican citizens in specific professional categories to work temporarily in the United States.
While Mexican citizens must obtain a TN visa at a U.S. consulate before entry, Canadian citizens enjoy a streamlined process that allows them to apply for TN classification directly at U.S. ports of entry, including airports, without needing an actual visa.
The TN visa option offers several advantages over traditional work visas:
- No annual quota or lottery system
- Expedited processing compared to H-1B visas
- Lower costs than traditional work visas
- Duration of stay up to three years
- No hard limit on the number of visa extensions
- No labor certification requirement
TN status is granted for up to three years for Canadian citizens and four years for Mexican citizens. Extensions can be filed with USCIS while in the U.S., or professionals can apply for readmission at a port of entry after briefly traveling abroad.
Eligible Professional Categories
The TN visa covers a wide range of professional occupations, including but not limited to:
- Accountants
- Architects
- Computer Systems Analysts
- Engineers
- Graphic Designers
- Management Consultants
- Research Assistants
- Scientific Technicians
- Software Developers
- University Professors
- Dentists
- Dietitians
- Medical Laboratory Technologists
- Nutritionists
- Occupational Therapists
- Recreational Therapists
- Registered Nurses
- Agriculturists
- Animal Breeders
- Animal Scientists
- Astronomers
- Biochemists
- Biologists
- Chemists
- Dairy Scientists
- Entomologists
- Epidemiologists
- Geneticists
- Geochemists
- Geologists
- Geophysicists
- Horticulturists
- Meteorologists
- Pharmacologists
- Physicists
- Plant Breeders
- Poultry Scientists
- Soil Scientists
- Zoologists
If the position you’re looking for isn’t listed here, our immigration attorneys can help you determine if your profession qualifies and guide you in properly structuring and documenting the role to meet TN requirements.
Qualification Requirements
To qualify for a TN visa, candidates must demonstrate:
- Canadian or Mexican citizenship
- A qualifying professional occupation under USMCA
- Required credentials for the specific profession
- A valid job offer from a U.S. employer
- Intent to engage in temporary work
In addition to Mexican or Canadian nationality, the specific requirements vary by profession but typically include one of the following:
- Bachelor’s degree or equivalent in the field
- Professional licenses where required
- Relevant work experience
The TN Visa Application Process
The steps to obtain TN status differ based on citizenship and the candidate’s current location. Here’s what to expect:
For Canadian Citizens:
- Can apply directly at U.S. ports of entry or pre-flight inspection
- Present the required documents and pay the application fee
- Receive same-day decision in most cases
- Option to file through USCIS if already in the U.S.
For Mexican Citizens:
- Must schedule consular interview at U.S. embassy/consulate
- Submit DS-160 form and supporting documents
- Attend visa interview
- Post-interview processing typically takes 2-3 weeks
Required Documentation:
- Proof of citizenship
- Detailed job offer letter from U.S. employer
- Evidence of qualifications for TN profession
- Support letter explaining position and terms
- Filing fees
- Additional documents based on a specific profession
Our attorneys prepare comprehensive application packages and determine the most efficient filing strategy based on the circumstances.
Advantages and Disadvantages of TN Visas
The TN visa category offers several unique benefits:
Key Benefits
- No annual limit or lottery system
- Fast processing, especially at ports of entry
- Lower filing fees than other work visas
- Unlimited extensions possible
- Available year-round
- Spouse and children can accompany TN holder
Limitations to Consider
- Limited to specific USMCA-listed professions
- Must maintain temporary intent
- New application needed to change employers
- Only available to Canadian and Mexican citizens
- Some positions face heightened scrutiny
Understanding these trade-offs is crucial for both employers and professionals planning cross-border work arrangements. Let us help you determine if it fits your needs.
Get Started with De Wit Immigration Law
At De Wit Immigration Law, we bring distinct advantages to your immigration case:
- Specialized Experience: Our focus on employment-based immigration provides deep insight into TN visa requirements and strategies.
- Strategic Approach: We align immigration solutions with both personal and professional objectives.
- Proven Success: Our track record helps anticipate and overcome common challenges in TN visa applications.
If you’re seeking to hire Canadian or Mexican professionals through the TN visa program, we’re here to help. Our team will evaluate your positions, develop strategic approaches to meet your staffing needs, and guide you through the sponsorship process.
Contact De Wit Immigration Law today to discuss your TN visa needs.
Frequently Asked Questions
Processing times vary by citizenship:
- Canadian citizens: Typically same-day processing at ports of entry
- Mexican citizens: Anywhere from a few weeks to several months for consular processing, based on appointment availability
Spouses and unmarried children under 21 can live in the U.S. with their TN professional relatives by obtaining TD-dependent visa status. TD visa holders can pursue studies in the U.S. but are not permitted to work. Canadian family members can apply at ports of entry, while Mexican citizens must obtain TD visas at a U.S. consulate. TD status matches the length of the primary TN holder’s stay.
No, TN status can be extended indefinitely in three-year increments, provided the temporary intent requirement is maintained.
While TN status is temporary, holders may be eligible for permanent residence through other categories. Our attorneys can help develop appropriate long-term immigration strategies.
Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.
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I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.