TN Visa

The TN (Trade NAFTA) visa is a non-immigrant status created under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA) that allows Canadian and Mexican citizens to work in the United States in designated professional occupations. TN status is one of the most efficient U.S. work authorization pathways; there is no annual cap, no lottery, and Canadian citizens can obtain it at the port of entry on the same day without advance USCIS filing.

Canadian vs Mexican Nationals

Key eligibility requirements
  • Citizenship: Must be a Canadian or Mexican citizen (not just a permanent resident)
  • Qualifying profession: Role must fall within the USMCA Appendix list of approved professions
  • Credentials: Must hold the specific degree, license, or certification required for the profession
  • Prearranged employment: Must have a bona fide job offer from a U.S. employer in the qualifying profession
  • Temporary intent: TN is non-dual intent; the applicant must intend to depart at the end of the authorized stay

TN status does not require a petition to be approved before applying. Canadian citizens can present documents directly to a CBP officer at any U.S. port of entry and receive TN status on the spot if approved, making it one of the fastest work authorization pathways in the U.S. immigration system.

Extension

TN status may be extended by an unlimited number of times in up to 3-year increments. There is no statutory ceiling on total time in TN status, distinguishing it from H-1B (6-year cap) and L-1 (5 or 7-year cap). Extensions require continued eligibility in the same or a qualifying profession and continued employment with a US employer in that capacity.

Methods of TN Extension

Change of status (COS) to TN

A Canadian or Mexican citizen already present in the US in a valid non-immigrant status may change to TN status by having their employer file Form I-129 with USCIS. This avoids the need to travel to a port of entry or attend a consulate appointment. The status change takes effect on the USCIS approval date shown on the I-797 notice.

Important: COS approval does not produce a TN visa stamp. Canadian citizens do not need a stamp to re-enter the U.S. but can reapply at a POE after any international trip. Mexican nationals MUST obtain a TN visa stamp at a U.S. consulate before their next trip abroad and re-entry to the US.

COS Eligibility Requirements
  • Must be a Canadian or Mexican citizen currently in a valid non-immigrant status in the U.S.
  • Must hold qualifications for a USMCA-listed profession and have a valid U.S. employer job offer
  • No departure or embassy appointment required; status changes upon USCIS approval
  • Premium processing available on I-129 for a 15-business-day guarantee
  • Current work authorization continues under prior status while the COS petition is pending (if prior status allows and remains valid)
  • Departure during pending COS abandons the status change; re-entry uses POE or consulate TN process.

COS vs. Port-of-Entry Application

Frequently Asked Questions - General

TN status is available to citizens of Canada and Mexico who are seeking entry to the U.S. to engage in business activities at a professional level under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA). Permanent residents of Canada or Mexico are NOT eligible; citizenship is required. The individual must be engaged in a qualifying profession listed in the USMCA Appendix.

The USMCA lists over 60 qualifying professions across fields, including accountancy, engineering, computer systems analysis, scientific research, medicine and allied professions, law, architecture, teaching, and others. Each profession has specific educational and/or licensing requirements.

No. Unlike the H-1B, TN status has no annual numerical cap or lottery. Eligible professionals may apply at any time. The absence of a cap makes TN an attractive alternative for Canadian and Mexican nationals, as there are no wait times tied to annual filing windows or random selection processes.

Yes. Spouses and unmarried children under 21 are eligible for TD (Trade Dependent) status. TD dependents may live in the U.S. but are NOT authorized to work. If a dependent spouse wishes to work, they must independently qualify for and obtain a separate work-authorized visa category such as H-1B, L-1, or O-1.

TN is faster, cheaper, and has no cap, but it is limited to Canadian and Mexican citizens and the USMCA profession list. H-1B applies to any nationality and any specialty occupation, but is subject to an 85,000 annual cap, a lottery, and longer processing times. H-1B is also dual-intent, making it cleaner for concurrent green card pursuit. TN is typically preferred when the applicant is Canadian or Mexican and the role qualifies under USMCA.

Disclaimer: This document is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. Consult a qualified immigration attorney at Kesar Law for advice specific to your situation.