TN Professionals

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USCMA is the US-Canada-Mexico Agreement (formerly NAFTA, North American Free Trade Agreement). It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant USMCA Professional (TN) visa allows citizens of Canada and Mexico, as USMCA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a USMCA professional.

The Conditions for Professionals from Mexico and Canada to Work in the United States

  • TN applicants must be Citizens of Canada or Mexico;

  • TN applicants must apply to work in a profession that is on the TN Occupation list;

  • TN applicants position must fill an approved position in the U.S. that requires a USMCA professional;

  • Mexican or Canadian applicants must work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;

  • Professional Canadian or Mexican citizens must have the qualifications required for the position;

Requirements for Canadian Citizens

Canadian citizens are typically visa exempt, meaning they do not require a visa stamp in their passport, however the TN status must be approved either by USCIS or a CBP officer. A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:

  • Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer (at pre-flight inspection or a land-border crossing);

  • Employment Letter - Evidence of professional employment;

  • Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;

  • Proof of ability to meet license requirements (if applicable);

  • Required fees; and

  • Canadian Passport.

Requirements for Mexican Citizens

Mexican citizens may apply at US Embassies or Consulates in Mexico for a professional (TN) visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. Interviews are by appointment only. As part of the visa interview, a quick, two-digit, ink-free fingerprint scan can generally be expected in either the same appointment, or a separate biometrics appointment at the Application Support Center (ASC).

Each Mexican applicant for a TN visa must submit these forms and documentation, and submit fees as explained below:

  • Confirmation of Online Nonimmigrant Visa Application, Form DS-160 submission;

  • A Mexican passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States;

  • One (1) 2x2 photograph. A photograph is not required if you are applying in Mexico;

  • Letter of employment in the United States. The letter must indicate that the position in question in the U.S. which requires the employment of a person in a professional capacity, consistent with the USMCA Chapter 16, Annex 1603, Appendix 1603.d.1.;

  • Documentation about the Employer, such as website printouts, brochures, or annual report; and

  • Required fees: NIV Application Processing fee and Visa Issuance Fee.

Applying for a TN Visa from the United States

In order to apply for TN status, the foreign national’s employer must submit USCIS Form I-129, Petition for Nonimmigrant Worker along with the Trade supplement and supporting documents. The following is a list of some documents that should be included in the TN visa petition. The list is not all inclusive and specific details pertaining to your application should be discussed with a licensed attorney in detail. Additional documents may be necessary depending on the specific case. The list includes but is not limited to the following items:

  • Academic or other credentials demonstrating the beneficiary’s qualifications for the position;

  • Job offer letter or other documentation from the employer establishing that the beneficiary of the petition will be engaged in a professional occupation listed on the TN Occupation List;

  • TN Occupation List;

  • The beneficiary must obtain the necessary licenses or other official permissions to practice in the specialty occupation (if applicable);

  • The beneficiary’s biographical documentation such as passport ID page (copy), U.S. Visas issued to the foreign worker (copy), copy of I-20 (if applicable), copy of DS-2019 (if applicable),

  • Copies of the Passport ID pages of dependents, marriage certificate and birth certificates of children (if applicable);

  • Documentation about the Petitioner Employer, including their ability to pay the offered wage; and

  • Dependents of TN principal applicants in lawful status in the United States must seek a change of status on USCIS Form I-539 (dependents cannot seek a change of status if they have entered the United States on the visa waiver program).

Duration of Stay

The maximum period of initial admission into the U.S is three years. The US Citizenship and Immigration Services (USCIS) grants extensions of stay in time amounts of one year. There is no limit on the number of years a TN visa holder can stay in the United States.

For Canadian or Mexican citizens admitted as a USMCA Professional may seek an extension of stay, which may be granted up to one year, by:

  • If the applicant is in the U.S., employer may file Form I-129 Petition for Non-immigrant Worker with the US Citizenship and Immigration Services’ (USCIS) Service Center; or

  • Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry;

Nonimmigrant Intent

TheTN visa category is a “single intent” visa, meaning that the applicant should have the intent to depart the US in the future and not become a permanent resident. If an applicant demonstrates immigrant intent, future TN extensions may be denied or the individual may end up outside the US without a valid TN visa or status to return. Speak with an attorney regarding any green card application process.

Dependents

TN visa applicants are permitted to include spouses and children as dependents in TD status. TD spouses are NOT permitted to request work authorization.

Change of Employment

Change of employment is possible if the foreign national has a bona fide job offer for a professional role that corresponds with the TN Occupation List. The new employment must submit a new TN visa application on their behalf. The gap should be no more than 60 days.