The TN is a nonimmigrant work classification under the USMCA (formerly NAFTA) that lets citizens of Canada and Mexico work in the U.S. in specific professional occupations. There is no annual cap and no lottery. Canadians can apply directly at the border, while Mexican citizens apply for a TN visa at a U.S. consulate.
Which Professions Qualify for TN Status?
The USMCA lists roughly 60 eligible professions, including engineers, computer systems analysts, accountants, scientists, management consultants, registered nurses, physicians (teaching or research), lawyers, and university professors. Most require at least a bachelor’s degree in the field. If your job title is not on the list, the TN is not available, no matter how qualified you are, so matching the offer letter to the treaty category is the heart of a TN case.
How Do Canadians Apply for TN Status?
Canadian citizens are visa exempt. You present your application package, including proof of citizenship, the employer’s support letter, and your credentials, to CBP at a port of entry or preclearance airport and can be approved the same day for a modest border fee. Alternatively, the U.S. employer may file Form I-129 with USCIS in advance.
How Do Mexican Citizens Apply for a TN Visa?
Mexican citizens must obtain a TN visa at a U.S. embassy or consulate before entering. That involves the DS-160, the visa application fee, and an interview, and consular applicants should also budget for the $250 visa integrity fee introduced under the 2025 law, which is being phased in across consulates. Once the visa is issued, admission works the same as for Canadians.
How Long Can You Stay in TN Status?
TN status is granted in increments of up to three years and can be renewed indefinitely, as long as the employment remains temporary and you continue to qualify. Renewals can be done at the border (Canadians), through a consulate (Mexicans), or by the employer filing Form I-129 with USCIS, which costs $1,015, or $510 for small employers and nonprofits, plus a $600 or $300 asylum program fee.
TN vs H-1B: Key Differences
| Factor | TN | H-1B |
|---|---|---|
| Who qualifies | Canadian and Mexican citizens in USMCA professions | Any nationality, specialty occupation |
| Cap or lottery | None | 85,000 cap, lottery |
| Speed | Same day at border for Canadians | Months, cap-season timing |
| Dual intent | No | Yes |
| Maximum stay | 3-year increments, unlimited renewals | Generally 6 years |
FAQs About the TN Visa
Can TN holders apply for a green card? Carefully. TN is not a dual intent category, so a pending green card case can complicate renewals and border entries. Many TN professionals switch to H-1B or L-1 before pursuing permanent residence. Timing and strategy matter, so get advice before filing anything.
Can my spouse work on TD status? No. TD dependents may live and study in the U.S. but are not work authorized.
Can I work for more than one employer? Yes, but you need separate TN authorization for each employer.
What if CBP denies my TN application at the border? You can reapply with a corrected package or have the employer file Form I-129 with USCIS instead, which allows a more documented presentation.
Talk to a Texas Immigration Lawyer About Your TN Case
Ahluwalia Law Offices, PC advises Canadian and Mexican professionals and their U.S. employers from our Dallas and Houston offices. Schedule a consultation or explore our immigration practice.
DISCLAIMER: This blog is intended solely for general informational and educational purposes. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader & Ahluwalia Law Offices, P.C. The legal information provided herein may not apply to your individual circumstances & is subject to change based on evolving immigration laws and policies.Readers are strongly encouraged to consult directly with a qualified immigration attorney for guidance tailored to their specific situation. Our front desk staff is not authorized to interpret legal information or provide legal advice beyond what is explicitly stated in this blog. They are also not permitted to assess eligibility, review case details, or respond to case-specific inquiries.
Please note: Due to the high volume of inquiries and the sensitive nature of immigration matters, we cannot respond to questions or requests for legal analysis via phone or email unless a formal consultation has been scheduled. We appreciate your understanding and encourage you to book an appointment with one of our attorneys if you require personalized legal assistance.
