TN Visa Classification (USMCA Professional)
Overview
The TN visa is a nonimmigrant (temporary) work visa that allows Canadian and Mexican citizens to perform certain professional occupations in the U.S. This can be one of the quickest U.S. work visas to obtain and is thus an attractive option for employers seeking to hire qualified talent from Canada or Mexico.
Eligibility for TN Nonimmigrant Status
The TN work visa program is governed by the United States-Mexico-Canada Agreement (USCMA), formerly the North America Free Trade Agreement (NAFTA), which created special economic and trade relationships between the three countries. Individuals may qualify for the TN visa classification as USCMA professionals if they meet the following criteria:
Applicant is a citizen of Canada or Mexico
Permanent residents of Canada or Mexico do not qualify
Applicant has a prearranged full-time or part-time job with a U.S. employer
Self-employment is not permitted
Applicant may maintain employment abroad and enter the U.S. on a project basis to perform work for the U.S. employer
Applicant may work for multiple employers simultaneously
Applicant will perform one of the professions listed in the USMCA (See full list here)
Applicant meets the educational and experience requirements for the profession
Most USMCA professions require a bachelor’s degree, and, where that is the case, experience cannot be substituted for the degree. However, some professions allow for an alternative to a bachelor’s degree, and some professionals require experience in addition to a bachelor’s degree.
TN Application Process
The most appropriate route to apply for TN status depends on the applicant’s citizenship and whether they are currently in the U.S. or abroad, as well as on timing and cost parameters.
Mexican citizen outside the U.S.
Mexican citizens who are outside the U.S. must apply for a TN visa from a U.S. consulate to enter the U.S. in TN status. This process involves submitting an online DS-160 visa application, creating a scheduling profile on the consulate’s website, and following the prompts on the scheduling website to pay the visa application fee and schedule an appointment at the U.S. consulate in either Mexico City, Ciudad Juarez, or Guadalajara. The applicant then presents a TN application from the sponsoring employer at the consular interview, and, assuming the application is approved, the passport containing the visa is typically returned to the applicant within about 1-2 weeks of the interview. Upon receipt of the visa, the applicant has what they need from an immigration perspective to be admitted to the U.S. in TN status.
Timing:
TN visa appointments are currently being scheduled around 3-5 months out, though it is possible to request an emergency visa appointment, which may result in a shorter timeframe. Visas are typically issues within 1-2 weeks of the visa appointment.
Costs:
A $185 visa application fee must be paid before a visa appointment can be scheduled. At the time of the visa appointment, and assuming the application has been approved, applicants are given the option of paying for either a 12-month visa stamp ($79) or a 48-month visa stamp ($357).
Mexican citizen inside the U.S.
Mexican citizens who are already in the U.S. in nonimmigrant work-authorized status may be the beneficiary of a petition filed with the United States Citizenship and Immigration Services (USCIS) within the U.S. to request a change of status to TN, or, if they already hold TN status, to request an extension of TN status, an amendment to TN status, or a change of TN employer. TN petitions must be filed by a sponsoring employer.
Timing:
TN petitions filed with USCIS under regular processing are currently being adjudicated in around 2-4 months on average (processing times are not guaranteed and are subject to change). Employers have the option of paying for premium processing, which guarantees government review within 15 business days. If the agency requests additional evidence as a result of that initial review, it then has up to 15 business days to make a final decision upon receiving the additional evidence.
Costs:
The government filing fees for a TN petition via USCIS are as follows:
Required Form I-129 Filing Fee: $1,015 for regular employers ($510 for employers with fewer than 25 U.S. employees or for non-profit organizations)
Required Asylum Program Fee: $600 for regular employers ($300 for employers with 25 or fewer full-time employees, and $0 for non-profit organizations)
Optional Premium Processing Fee: $2,805
Canadian Citizens
Canadian citizens are visa exempt, which means they do not require a visa stamp from a U.S. consulate to enter the U.S. Accordingly, Canadian citizens have the option of either submitting a TN application directly at an airport pre-clearance station or at a U.S.-Canada border crossing when requesting admission to the U.S., or they can be the beneficiary of a petition filed with USCIS.
Timing:
Canadians applying at a port of entry submit their applications at the same time they are requesting admission to the U.S. It is not possible to submit the application at the airport or border crossing in advance of travel. Applying at the port of entry is one of the quickest scenarios for obtaining TN status in the U.S., since the application is adjudicated on the same day it is submitted.
Costs:
A $56 application fee is required to be admitted in TN status at the port of entry.
Duration of TN Status
In most cases applicants should be granted TN status for a period of 3 years. This is true regardless of the validity period of a TN visa stamp (as noted above, Mexican nationals may pay for either a 12-month visa stamp or a 48-month visa stamp). However, if an applicant requests admission to the U.S. with a passport that expires in less than 3 years, they may only be admitted to the U.S. through their passport expiration rather than for the full 3-year period for which their application was approved.
One of the benefits of the TN program is that TN status can be renewed in 3-year increments indefinitely, and there is not a defined time limitation as there is for H-1B or L-1 visa holders.
TN Status to Green Card
Individuals in TN status may be sponsored for a green card if they otherwise meet the green card eligibility requirements. In other words, holding TN status as opposed to H-1B, L-1, or another nonimmigrant status does not impact eligibility for a green card. However, unlike the H-1B and L-1 visa programs, which allow for dual intent, the TN visa program requires a demonstration of nonimmigrant intent. For this reason, the timing of a green card application should be considered strategically to ensure the applicant is able to maintain TN work authorization until they receive work authorization from the green card process.
Family
TN employees’ spouses and unmarried children under 21 years old may apply for dependent TD status, regardless of their citizenship (if they are not Canadian citizens, they must apply for a TD visa at a U.S. consulate abroad to enter the U.S.). Dependent family members are not eligible to apply for work authorization based on their TD status.
