TN Status

Helping Canadian and Mexican Professionals Work in the U.S.

TN (Trade NAFTA) status allows eligible professionals from Canada and Mexico to work in the United States under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. This non-immigrant work authorization is available for individuals in specific professional occupations and offers a straightforward application process compared to other work visas.

Gagliano Law, PLLC, provides guidance for professionals and employers navigating TN status, ensuring compliance with U.S. federal immigration laws and helping applicants meet eligibility requirements.

What Is TN Status?

TN status is a temporary work authorization available only to Canadian and Mexican citizens working in one of the approved professions listed under the USMCA agreement. Some of the most common professions eligible for TN status include:

• Accountants
• Architects
• Engineers
• Computer Systems Analysts
• Management Consultants
• Medical and Allied Health Professionals
• Scientists
• College and University Professors

A full list of eligible professions can be found in the USMCA agreement.

Unlike the H-1B visa, TN status does not require an annual lottery or a labor condition application (LCA). However, applicants must meet specific educational or professional experience requirements for their job category.

How to Apply for TN Status

The TN application process differs for Canadians and Mexicans:

TN Application for Canadian Citizens

Canadian citizens can apply for TN status directly at a U.S. port of entry (land border or airport pre-clearance) or submit a petition to U.S. Citizenship and Immigration Services (USCIS) before traveling. The steps include:

1. Obtain a Job Offer Letter – The U.S. employer must provide a detailed employment letter specifying the position, job duties, and how it qualifies under TN status.
2. Gather Supporting Documents – This includes proof of Canadian citizenship, degree certificates, professional licenses (if applicable), and work experience letters.
3. Apply at the Port of Entry or Through USCIS –
   • At the border or airport: Present documents to a Customs and Border Protection (CBP) officer for same-day processing.
   • Through USCIS: File Form I-129 for TN status (this takes longer but provides an official approval before travel).

TN Application for Mexican Citizens

Mexican citizens must apply for a TN visa at a U.S. consulate before entering the U.S.:

1. Obtain a Job Offer Letter – Similar to Canadian applicants, the U.S. employer must issue a letter detailing the job.
2. Complete the Online DS-160 Form – This is the standard visa application form for non-immigrant visas.
3. Schedule and Attend a Visa Interview – The applicant must bring supporting documents (passport, job offer letter, degree, work history) to the consular interview.
4. Receive TN Visa and Enter the U.S. – If approved, the applicant can enter the U.S. using the TN visa stamp and begin working.

TN Status Duration and Extensions

TN status is granted for up to three years and can be renewed indefinitely in three-year increments. Employers or applicants may request extensions by:

• Filing Form I-129 with USCIS while inside the U.S.
• Departing the U.S. and reapplying at the border or consulate

Unlike the H-1B visa, there is no strict maximum stay limit for TN holders, provided they maintain non-immigrant intent.

Rights and Responsibilities of TN Status Holders

Individuals working under TN status must:

• Work only for the sponsoring employer in the approved position
• Maintain valid status while in the U.S.
• Comply with U.S. labor and immigration laws

Employers must ensure compliance with federal employment and wage regulations and notify USCIS if a TN worker’s employment ends early.

Processing Time and Premium Processing

• Canadian Applicants at the Border – Same-day processing by CBP
• Mexican Applicants at a Consulate – Processing times vary but usually take two to four weeks
• USCIS Petition (Form I-129 for Extensions or Change of Employer) – Standard processing takes several months, but premium processing (15-day expedited review) is available for an additional fee

Transitioning from TN Status to a Green Card

Although TN status is a non-immigrant classification, some individuals may pursue permanent residency through:

• Employment-Based Green Cards (EB-2 or EB-3 categories) – Requires employer sponsorship and labor certification
• Marriage-Based Green Cards – Available if the TN holder marries a U.S. citizen or permanent resident

Because TN status requires non-immigrant intent, applicants transitioning to a green card must carefully plan their case to avoid complications at renewal or re-entry.