TN Status

The North American Free Trade Agreement or NAFTA, (aka United States, Mexico, Canada Agreement, USMCA), provides for Canadian and Mexican citizens to enter the U.S. to engage in employment (business activity) in a professional capacity, temporarily. The applicants must have the qualifications to practice in the professional activity in which s/he will engage.

Business activities at a professional level are defined as “ those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession outlined in Appendix 1603.D.1 of the NAFTA.”
Click here for the List of Professions that are eligible for TN status.

The TN status may be granted in increments of up to three years for an indefinite period. The TN is a nonimmigrant status, and therefore, a TN holder must have the intent to depart on or before the expiration of the authorized stay. A TN may change status to another status that provides for dual intent should s/he seek permanent resident status in the future.

The TN is both employer and job-specific. However, the employer isn’t subject to the prevailing wage requirements as with the H1B, nor is not subject to numerical limitations or caps associated with the H1B.

The process for Canadians is slightly different from the process for Mexican citizens, however, the TN remains one of the most employer-friendly statuses. The cost can be as low as under $100 to no more than $200.

Canadian citizens may apply for TN status at a port of entry (land border) or during pre-flight inspection. They do not have to visit the consulate to apply for a VISA. It can be done quickly, usually taking no more than 2-3 hours. The cost is under $100. Once admitted into the U.S. the TN may travel in and out of the country and apply for readmission at any Class A Port of Entry. The status and subsequent extensions may be obtained without the need to file a petition with USCIS and without the exorbitant filing fees. If the worker cannot travel to a Class A Port of Entry, a petition to extend the TN status may be filed with the USCIS in the states.

Citizens of Mexico apply for the TN VISA at the U.S. Consulate in that country. Once the Visa is issued, the applicant may proceed to enter the U.S. and will be processed for a TN admission at the border or during the preflight inspection.