What is a TN Visa and Who Qualifies?

The TN visa, established under the NAFTA agreement, allows Canadian and Mexican citizens to work in the U.S. in designated professional occupations. Eligibility for a TN visa involves:

1. Job Classification: The position must be one of the professional occupations listed in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1. Examples include accountants, architects, systems analysts, engineers, graphic designers, lawyers, and many others—over 60 occupations in total.
2. Temporary Employment: The job must be “temporary,” meaning it has a reasonable and finite end date and does not imply permanent residence. The worker must show that their U.S. assignment will end at a predictable time and that they will leave the U.S. upon completion.
3. Educational and Licensing Requirements: Each listed occupation has specific educational and/or licensing requirements detailed in Appendix 1602.d.1. Most require a bachelor’s degree or a post-secondary diploma with three years of experience. Foreign degrees must be evaluated by a recognized credential evaluation service.

When Can I Obtain a TN Visa?

TN visas are not subject to annual quotas, so they can be issued throughout the year. Premium processing is available, expediting the petition to 15 calendar days. Canadian citizens can apply directly at a border post and receive their TN visa immediately. Mexican citizens must apply at a consular post but can renew their visas at border posts.

What Are the Advantages and Limitations of a TN Visa?

Advantages:

• Renewable: TN visas can be renewed indefinitely in three-year increments, as long as the job remains temporary.
• Year-Round Availability: TN visas can be obtained any time of the year.

Limitations:

• Non-Dual Intent: TN visas are not considered “dual intent,” which means having a green card petition pending could complicate obtaining or extending a TN visa. While challenging, it is not impossible to pursue a green card with a TN visa.
• Dependents’ Work Authorization: Dependents on TD status cannot obtain work authorization.

What is the Attorney’s Role in a TN Petition?

While TN visas are relatively straightforward, an attorney can ensure a smooth application process. They can craft a convincing TN job letter, addressing the temporary nature of the job and meeting all documentation requirements. For applications filed with USCIS, an attorney can help prevent potential legal issues. Additionally, well-prepared documentation can streamline future extensions, making it easier to manage renewals independently. Having an attorney review and organize all necessary documentation initially can help ensure a successful application.