The United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA), created special economic and trade relationships for the United States, Canada, and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Your profession is included in the USMCA professional list
The position in the United States requires a USMCA professional
You will work in a prearranged full-time or part-time job for a U.S. employer or entity
You have the qualifications to practice in the profession in question
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Regulatory Criteria
USMCA Professional List
Your profession must be included in the USMCA list of professional occupations. The list includes various professions in fields such as accounting, engineering, science, medicine, law, and education.
Canadian citizens are not required to apply for a TN visa at a U.S. consulate. They may establish eligibility at the time of seeking admission by presenting required documentation to a CBP officer at designated U.S. ports of entry or pre-clearance stations.
Examples
Proof of Canadian citizenship
Letter from prospective employer detailing professional capacity, purpose, length of stay, and qualifications
Credentials evaluation (if applicable)
Applicable fees at port of entry
Mexican Citizens - Visa Required
Mexican citizens must obtain a TN visa before entering the United States. They should apply for a TN visa directly at a U.S. embassy or consulate in Mexico.
Examples
Apply for TN visa at U.S. embassy or consulate in Mexico
Present required documentation for visa application
Once visa is approved, apply for admission at CBP-designated port of entry
Visa required for each entry unless using valid unexpired visa
Employer Letter Requirements
The employer letter is a key document for TN applications. It must detail the professional capacity, purpose of employment, length of stay, and educational qualifications of the applicant.
Examples
Professional capacity in which you will work in the United States
Purpose of your employment
Anticipated length of stay
Your educational qualifications and credentials
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Application Process
Confirm Eligibility
Verify your profession is on the USMCA list and you meet qualifications.
Obtain Employer Letter
Get detailed letter from U.S. employer covering professional capacity, purpose, duration, and qualifications.
Gather Documents
Compile proof of citizenship, credentials, and any required evaluations.
Application
Canadians: apply at port of entry. Mexicans: apply for TN visa at U.S. consulate.
Admission
Present documentation to CBP officer; if eligible, admitted as TN nonimmigrant.
Extensions
If needed, employer files Form I-129 for extension of stay.
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Key Benefits
Initial stay of up to 3 years
Extensions available without limit on total time in TN status
Canadian citizens can apply directly at port of entry (no visa required)
Premium Processing available for I-129 petitions
Spouse and children may accompany in TD status (can study but not work)
Relatively streamlined application process compared to other work visas
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Documents Needed
Valid Passport (proof of Canadian or Mexican citizenship)
Letter from U.S. employer (detailed professional capacity, purpose, length of stay, qualifications)
Professional licenses (if required for the profession)
Form I-129 (for extensions or if employer chooses to file in advance)
TN visa (required for Mexican citizens)
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Frequently Asked Questions
How long can I stay in TN status?
Initial period of stay is up to 3 years. You may seek extensions of stay without limit on the total time you may remain in TN status, as long as you continue to meet the requirements and maintain the intent to depart when your status expires.
Do I need a visa if I'm Canadian?
No. Canadian citizens are not required to apply for a TN visa at a U.S. consulate. You may establish eligibility at the time you seek admission by presenting required documentation to a CBP officer at designated U.S. ports of entry or pre-clearance stations.
Do I need a visa if I'm Mexican?
Yes. Mexican citizens must obtain a TN visa before entering the United States. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico.
Can my family come with me?
Yes. Accompanying or following-to-join spouse and unmarried children under 21 may be eligible for TD nonimmigrant status. TD dependents are not permitted to work in the United States, but they are permitted to study.
What professions qualify for TN status?
The USMCA includes a specific list of professional occupations, including but not limited to: accountants, architects, engineers, scientists, computer systems analysts, management consultants, teachers, lawyers, economists, and various medical and allied professionals.
Can I switch employers on TN?
Yes, but you will need to obtain new TN status with the new employer. For Canadians, this can be done at a port of entry with a new employer letter. For Mexicans, a new visa may be required. Alternatively, the new employer can file Form I-129 to request a change.
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Fees
Attorney Fee for I-129
$2,400 (Initial $1,400; Monthly $500)
USCIS Fee for I-129
$510
Asylum Program
$0
Premium Processing
$1,685
Attorney Fee for DS-160
$500 per Person
USCIS Fee for DS-160
$205
Fees are estimates and may change. Contact us for a quote for your specific case.
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