TN, Trade NAFTA, status allows eligible professionals from Canada and Mexico to work in the United States under the United States-Mexico-Canada Agreement, 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 on 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. However, applicants must meet specific educational or professional experience requirements for their job category.
How to apply for TN status
TN application for Canadian citizens
Canadian citizens can apply for TN status directly at a U.S. port of entry, whether a land border or airport pre-clearance, or submit a petition to USCIS before traveling.
- 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
- Gather supporting documents. This includes proof of Canadian citizenship, degree certificates, professional licenses if applicable, and work experience letters
- Apply at the port of entry or through USCIS. At the border or airport, present documents to a Customs and Border Protection officer for same-day processing. Through USCIS, file Form I-129 for TN status, which 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.
- Obtain a job offer letter. As with Canadian applicants, the U.S. employer must issue a letter detailing the job
- Complete the online DS-160 form, the standard visa application form for non-immigrant visas
- Schedule and attend a visa interview. The applicant must bring supporting documents including passport, job offer letter, degree, and work history
- Receive the TN visa and enter the U.S. If approved, the applicant can enter 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., or by 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
- 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
- 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, with premium processing available for an additional fee
Transitioning from TN status to a green card
- Employment-based green cards, EB-2 or EB-3 categories, which require 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.
Alternatives if TN status is not approved
- H-1B visa, for specialty occupations requiring a bachelor’s degree
- O-1 visa, for individuals with extraordinary ability in their field
- L-1 visa, for intracompany transfers within multinational organizations
Frequently asked questions
How long does it take to get TN status?
Canadian applicants at a port of entry can receive an immediate decision. Mexican applicants at a consulate typically wait two to four weeks. A USCIS petition for extensions or changes takes several months, with expedited review available through premium processing.
Is TN status a path to a green card?
TN requires non-immigrant intent, so pursuing permanent residence while in TN status needs careful handling. Get advice before filing anything.
What if my job title is not on the list?
Titles do not control. The duties and credentials do. Whether the role fits is worth assessing before you apply.
For guidance on TN status, Gagliano Law, PLLC assists professionals and employers. Contact us to discuss your options.
