TN Visa Guide for Canadian and Mexican Professionals
Introduction
The TN visa is a nonimmigrant classification available to eligible Canadian and Mexican professionals to work in the United States in certain USMCA-listed occupations.
In this guide, I will explain what you need to know about the TN visa. If you have any questions, feel free to email me directly at contact@ashoorilaw.com.
What is the TN Visa?
TN classification is a nonimmigrant classification available to citizens of Canada and Mexico and allows qualified professionals to work in the United States.
With TN status, you can live and work in the United States for extended periods of time, making the TN visa option attractive for eligible Canadian and Mexican professionals. TN status may be granted for up to 3 years at a time and may be extended in additional periods of up to 3 years, as long as the applicant continues to qualify and continues to seek temporary entry.
To qualify for a TN visa, you must work in the USA in one of the professions on the list of TN occupations (these professions are listed down below). You must also satisfy the educational standards and credentials required for the profession you will work in, since TN visa approvals often depend on strong documentation of qualifications.
TN classification is now governed by the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA.
With a TN visa, your spouse and children are eligible for TD status, and TN visa rules allow dependents to accompany you under TD classification. With TD status your spouse and children cannot work but they can go to school.
Summary:
- The TN visa is for citizens of Canada and Mexico
- With a TN visa, you can work in a profession listed on the TN Occupation List. You must meet the education and experience requirements of that profession.
- The TN may be granted for up to 3 years at a time and may be extended in additional periods of up to 3 years, as long as the applicant continues to qualify and continues to seek temporary entry.
What Does a TN Visa Lawyer Do?
A TN visa lawyer helps Canadian and Mexican professionals obtain authorization to work in the United States under the TN visa category.
This includes:
- Evaluating eligibility
- Preparing employer support letters
- Organizing required documentation
- Ensuring compliance with U.S. immigration laws
Because TN visa approval often depends on how well the job role is structured and documented, working with an experienced TN visa lawyer can help reduce the risk of delays, requests for evidence, or denials.
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Key Facts About the TN Visa
Here are some important facts about the TN visa for Canadian and Mexican professionals:
- TN classification is available only to citizens of Canada and Mexico.
- The TN visa is based on the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA.
- The visa allows qualified professionals to temporarily work in the United States.
- TN status can be granted for up to 3 years at a time.
- TN status may be extended in additional periods of up to 3 years, as long as the applicant continues to qualify.
- A job offer from a U.S. employer is required before applying for TN status.
- The position must fall under one of the approved professions listed in the TN Occupation List.
- TN visa holders must demonstrate temporary intent when entering the United States.
- Spouses and children may accompany the TN worker under TD dependent status.
What are the Benefits of a TN Visa?
Length of Stay
With a TN visa, you can initially stay in the USA for up to 3 years, and TN visa renewals can keep you in status longer through extensions.
Additionally, TN status may be granted for up to 3 years at a time and may be extended in additional periods of up to 3 years, as long as the applicant continues to qualify and continues to seek temporary entry.
No Quota
Unlike the H1B visa, there is no quota for the TN visa.
No Labor Certification Required
The TN visa classification does not require your US employer to get an approved Labor Certification
A Labor Certification certifies that the US employer was unable to find a suitable US worker to fill the position that they are hiring you for.
The process of getting an approved Labor Certification can be very time-consuming.
To get a TN visa, your US employer does not need to get an approved Labor Certification. They can skip this process and just offer you a job.
No Visa Required (for Citizens of Canada)
Canadians are not required to get a TN Visa. Instead, they can apply for TN classification directly at a US Port of Entry (we will discuss this in more detail down below).
Immigration Benefits for Your Family
With a TN visa, your spouse and children may also be eligible for TD classification, with which they can go to US schools, though they cannot work in the US.
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What are the TN Visa Requirements?
To qualify for a TN visa, there are 5 main requirements:
- You must be a citizen of Canada or Mexico.
- You must have a job offer to work in the USA.
- Your job must be listed on the TN occupation list.
- You must satisfy the educational and professional requirements of the US job.
- You must be seeking temporary entry (nonimmigrant intent).
1. You Must be a Citizen of Canada or Mexico
To qualify for a TN visa, you must be a citizen of either Canada or Mexico. Permanent residents of Canada and Mexico do not qualify for a TN visa.
2. You Must have a job offer to work in the USA
To qualify for a TN visa, you must have a job offer to work in the USA. The TN visa does not allow for self-employment and does not allow you to start a business in the USA and work for that business.
3. Your Job Must be Listed on the TN Occupation List
To qualify for a TN visa, your job must be listed on the TN Occupation List. The TN classification does not allow for all types of work. Your job in the United States must fit into one of the professions listed.
Here is the TN occupation list along with the necessary educational degree and/or professional experience:
General Occupations
| Occupation | Necessary Educational Degree / Professional Experience |
|---|---|
| Accountant | Baccalaureate or Licenciatura Degree OR CPA, CA, CGA, or CMA |
| Architect | Baccalaureate or Licenciatura Degree OR State/provincial license |
| Computer Systems Analyst | Baccalaureate or Licenciatura Degree OR Post-secondary certificate and 3 years of experience |
| Disaster Relief Insurance Claims Adjuster | Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims OR 3 years of experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims |
| Economist | Baccalaureate or Licenciatura Degree |
| Engineer | Baccalaureate or Licenciatura Degree OR state or provincial license |
| Forester | Baccalaureate or Licenciatura Degree OR state or provincial license |
| Graphic Designer | Baccalaureate or Licenciatura Degree |
| Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management OR Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and 3 years of experience in hotel/restaurant management |
| Industrial Designer | Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience |
| Interior Designer | Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience |
| Land Surveyor | Baccalaureate or Licenciatura Degree OR state, provincial, or federal license |
| Landscape Architect | Baccalaureate or Licenciatura Degree |
| Lawyer (Including Notary in the Province of Quebec) | LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (5 years) OR membership in a state or provincial bar |
| Librarian | M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
| Management Consultant | Baccalaureate or Licenciatura Degree OR equivalent professional experience as established by statement or professional credential attesting to 5 years of experience as a management consultant OR 5 years of experience in a field of specialty related to the consulting agreement |
| Mathematician (Including Statistician) | Baccalaureate or Licenciatura Degree |
| Range Manager/Range Conservationist | Baccalaureate or Licenciatura Degree |
| Research Assistant | Baccalaureate or Licenciatura Degree |
| Scientific Technician/Technologist | All three requirements below must be met:
1. The TN worker must directly support a degreed professional 2. Possession of theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics 3. The ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research Note: No degree required |
| Social Worker | Baccalaureate or Licenciatura Degree |
| Sylviculturist (Including Forestry Specialist) | Baccalaureate or Licenciatura Degree |
| Technical Publications Writer | Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience |
| Urban Planner (Including Geographer) | Baccalaureate or Licenciatura Degree |
| Vocational Counselor | Baccalaureate or Licenciatura Degree |
Medical Fields
| Occupation | Necessary Educational Degree / Professional Experience |
|---|---|
| Dentist | D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental OR state or provincial license |
| Dietician | Baccalaureate or Licenciatura Degree OR state or provincial license |
| Medical Laboratory Technologist/Medical Technologist | Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience |
| Nutritionist | Baccalaureate or Licenciatura Degree |
| Occupational Therapist | Baccalaureate or Licenciatura Degree OR state or provincial license |
| Pharmacist | Baccalaureate or Licenciatura Degree OR state or provincial license |
| Physician (Teaching or Research Only) | M.D. or Doctor en Medicina OR state or provincial license |
| Physiotherapist/Physical Therapist | Baccalaureate or Licenciatura Degree OR state or provincial license |
| Psychologist | Licenciatura Degree OR state or provincial license |
| Recreational Therapist | Baccalaureate or Licenciatura Degree |
| Registered Nurse | Licenciatura Degree OR state or provincial license |
| Veterinarian | D.V.M., D.M.V. or Doctor en Veterinaria OR state or provincial license |
Scientist Occupations
| Occupation | Necessary Educational Degree / Professional Experience |
|---|---|
| Agriculturalist (Including Agronomist) | Baccalaureate or Licenciatura Degree |
| Animal Breeder | Baccalaureate or Licenciatura Degree |
| Animal Scientist | Baccalaureate or Licenciatura Degree |
| Apiculturist | Baccalaureate or Licenciatura Degree |
| Astronomer | Baccalaureate or Licenciatura Degree |
| Biochemist | Baccalaureate or Licenciatura Degree |
| Biologist (Including Plan Pathologist) | Baccalaureate or Licenciatura Degree |
| Chemist | Baccalaureate or Licenciatura Degree |
| Dairy Scientist | Baccalaureate or Licenciatura Degree |
| Entomologist | Baccalaureate or Licenciatura Degree |
| Epidemiologist | Baccalaureate or Licenciatura Degree |
| Geneticist | Baccalaureate or Licenciatura Degree |
| Geochemist | Baccalaureate or Licenciatura Degree |
| Geologist | Baccalaureate or Licenciatura Degree |
| Geophysicist (Including Oceanographer) | Baccalaureate or Licenciatura Degree |
| Horticulturist | Baccalaureate or Licenciatura Degree |
| Meteorologist | Baccalaureate or Licenciatura Degree |
| Pharmacologist | Baccalaureate or Licenciatura Degree |
| Physicist (Including Oceanographer) | Baccalaureate or Licenciatura Degree |
| Plant Breeder | Baccalaureate or Licenciatura Degree |
| Poultry Scientist | Baccalaureate or Licenciatura Degree |
| Soil Scientist | Baccalaureate or Licenciatura Degree |
| Zoologist | Baccalaureate or Licenciatura Degree |
Teacher Occupations
| Occupation | Necessary Educational Degree / Professional Experience |
|---|---|
| College Teacher | Baccalaureate or Licenciatura Degree |
| Seminary Teacher | Baccalaureate or Licenciatura Degree |
| University Teacher | Baccalaureate or Licenciatura Degree |
4. You Must Satisfy the Educational and Professional Requirements of the US Job
In order to qualify for a TN visa, you must satisfy the educational and professional requirements of the US job. You can see the educational and professional requirements for each of the TN occupations listed above.
| CREDENTIAL | REQUIREMENT |
|---|---|
| Degree | Most TN occupations require a Baccalaureate or Licenciatura Degree |
| State or provincial license | For some occupations, a qualifying state or provincial license may satisfy the requirement instead of a degree |
| Post-secondary certificate or diploma | For some occupations, a qualifying post-secondary certificate or diploma may satisfy the educational requirement |
Here are some helpful tips regarding the educational and professional requirements:
Degrees
Most of the occupations require a Baccalaureate or Licenciatura Degree. A 3-year degree can qualify as a baccalaureate; it does not have to be a 4-year degree.
Your degree should be in the field of your intended TN occupation or in a related field. Additionally, if your degree, certificate, or diploma is earned outside the US, Canada, or Mexico, you must also submit a credentials evaluation proving that your degree, certificate, or diploma is equivalent to a Mexican, Canadian, or US degree, certificate, or diploma.
State or Provincial License
For various occupations listed above, a state or provincial license can qualify instead of a degree.
A state or provincial license is any document issued by a state, provincial, or federal government (or under its authority) that permits someone to engage in a regulated activity or profession. Documents issued by or under the authority of local governments do not qualify. [8 CFR Section 214.6]
Post-Secondary Certificate
For various occupations listed above, a post-secondary certificate or diploma can satisfy the educational requirement
A post-secondary certificate is defined by the USMCA as:
Thus, the post-secondary diploma or certificate must be issued in either the US, Canada, or Mexico in order to qualify for TN.
5. You Must be Seeking Temporary Entry (Nonimmigrant Intent)
To qualify for a TN visa, you must have non-immigrant intent. Specifically, the TN permits “temporary entry” to the United States.
The USMCA defines “temporary entry” as “entry into the territory of a Party by a business person of another Party without the intent to establish permanent residence.”
To satisfy this requirement, you must demonstrate that you will intend to leave the United States upon completion of your TN assignment. Your non-immigrant intent will be analyzed at the time your petition is reviewed, upon applying for your TN visa, and upon entry to the United States.
Important
TN classification requires temporary entry. At the time of the application, visa issuance, and entry to the United States, the applicant should be prepared to show that the TN assignment is temporary and that there is no intent to establish permanent residence through the TN application itself.
Proving Non-Immigrant Intent
To demonstrate that you have non-immigrant intent, you should show that your US assignment is temporary and has a predictable end date.
If possible, you should provide evidence that you have a foreign residence abroad, that you plan to maintain that foreign residence, and that you have strong ties to your foreign residence.
Examples of Evidence That May Help Show Nonimmigrant Intent
- A temporary U.S. assignment with a predictable end date
- Evidence of a foreign residence
- Evidence showing plans to maintain that foreign residence
- Strong ties abroad, such as mortgage records, foreign bank accounts, bills, or a job offer to resume work in the home country
Additional Points on Non-Immigrant Intent
Although you are required to have non-immigrant intent, this does not mean that you are prohibited from applying for a green card in the future. Your non-immigrant intent is considered at the time of your application, visa issuance, and entry to the United States. If, sometime in the future, you decide to apply for a green card, this may still be permitted.
This is a highly technical area of immigration law and should be handled by an immigration lawyer to ensure that it is done properly.
What Documents Are Needed to Apply for a TN Visa?
The evidence and documentation that you submit with your TN application are extremely important for getting approved. Many of the documents you submit will depend on your unique credentials, available documents, etc.
With that disclaimer, here is a list of documents that you will need to provide:
Evidence of your Canadian or Mexican Citizenship
For Canadian citizens, a Canadian passport is sufficient.
For Mexican citizens, a Mexican passport is sufficient.
Support Letter from Your Prospective US Employer
One of the most important pieces of evidence for your TN petition is the support letter from your US employer.
The support letter should address all of the following:
- The professional activities that you will be doing for the US company
- Your responsibilities for the US company
- The length of time that you will be working for the US company
- An explanation of the US company’s need for your services
- An explanation of your educational background and professional qualifications for the position
- The salary and other remuneration that you will receive
The support letter should be on the company’s letterhead and signed by an authorized representative of the company
Employment Contract
Your employer may wish to have a separate employment contract in addition to the support letter.
Evidence of Your Non-Immigrant Intent
You will need to provide documents evidencing your non-immigrant intent. These documents should ideally show strong ties to your home country.
Here are some examples of documents to show non-immigrant intent:
- Deed in your name to a property in your home country
- Bills addressed to your foreign residence
- A letter from a foreign employer indicating arrangements for you to return to work upon completion of your TN assignment
- Foreign bank account
- Evidence of commitments/responsibilities abroad
- Evidence that you have a spouse/children abroad
Educational and Professional Qualifications
Here are some examples of documents demonstrating educational and/or professional qualifications:
- Degrees
- Certificates
- Licenses
- Letters from former employers evidencing previous work experience
- Resume
What is the Process to Get a TN Visa?
| Condition | Canadian Citizens | Mexican Citizens |
|---|---|---|
| Visa stamp required before entry | Generally no | Yes |
| Can apply at a U.S. port of entry | Yes | No |
| Can use Form I-129 through USCIS for initial TN strategy discussed in the draft | Yes | No |
| Core evidence described in the draft | Passport, employer support statement, proof of qualifications, proof of nonimmigrant intent | Passport, employer support statement, proof of qualifications, proof of nonimmigrant intent |
| Interview location described in the draft | Port of entry inspection | U.S. consulate interview |
The process for getting TN classification is different for Mexican and Canadian citizens.
Canadian citizens do not need to apply for a TN visa. Instead, Canadian citizens can apply for TN status directly at a United States Port of Entry. Conversely, Mexican citizens must apply for a TN visa at a US Consulate before entering the US.
Additionally, Canadian citizens have the option of filing an initial TN petition with USCIS and getting their TN pre-approved before seeking admission through a Port of Entry. Mexican citizens are not eligible to file an initial TN petition with USCIS. Instead, they must apply for a TN visa directly through a US Consulate abroad.
Canadian Citizens
Canadian citizens have 2 options for getting TN classification.
- Applying for TN classification directly at a United States Port of Entry
- Submitting a Form I-129 Through USCIS
1. Applying for TN classification directly at a United States Port of Entry
How a Canadian Citizen Can Seek TN Classification
- Gather a valid Canadian passport.
- Obtain a support statement from the U.S. employer.
- Collect evidence of professional and educational qualifications.
- Prepare evidence of nonimmigrant intent.
- Request TN classification at a qualifying U.S. port of entry.
- Answer questions from the Customs and Border Protection officer about the planned job duties and qualifications.
- If admitted, receive TN classification.
Canadian citizens are not required to file a petition or application to get a TN visa. No form is required.
In addition, Canadians are, for the most part, exempt from needing a visa to enter the United States.
Instead, to get TN classification, a Canadian citizen can request TN classification at a United States Class A port of entry
To do this, a Canadian citizen must pay the applicable CBP processing fee at the port of entry (commonly $50, but fees and procedures can change; confirm the current amount at the port of entry) and provide the following evidence:
- A valid Canadian passport
- Support statement from US employer
- Evidence of professional and educational qualifications
- Evidence of nonimmigrant intent
At the port of entry, a Customs and Border Protection officer will analyze your evidence and may ask questions regarding your planned job duties, professional background, and other factors.
If you satisfy the TN requirements and pass the interview, they will admit you into the US and grant you TN classification.
2. Submitting a Form I-129 Through USCIS
If a Canadian citizen wants to, they may submit a petition through USCIS to get pre-approved for TN classification.
Specifically, the US employer will file a Form I-129 through USCIS on behalf of the TN worker. The US employer is the petitioner and the TN worker is the beneficiary. In addition to the I-129, the US employer must also complete the TN supplement to the I-129.
Once the I-129 is approved, the TN worker can then take the approval notice, along with their Canadian passport, the complete I-129, and all the supporting documents, to a United States port of entry, where a Customs and Border Protection officer will review the documents and may ask questions regarding the TN petition.
Keep in mind that I-129 approval does not guarantee that you will get approved for TN classification; you should still be ready to answer questions about your planned job duties, qualifications, etc.
On the other hand, having your petition approved through USCIS should improve your chances of getting approved at the port of entry. In addition, if you submit an I-129 through USCIS, you may not be required to pay the CBP processing fee at the port of entry in some cases (confirm current requirements at the port of entry).
Mexican Citizens
CBP port-of-entry fees and procedures can vary. Any applicable CBP fees should be confirmed at the port of entry.
Also, Mexican citizens are not permitted to file a Form I-129 through USCIS to get pre-approved for initial TN classification. Instead, Mexican citizens must apply for a TN visa directly at a US Consulate abroad.
Apply for TN Visa at US Consulate
How a Mexican Citizen Applies for a TN Visa
- Complete and submit Form DS-160 online.
- Schedule a visa appointment at the U.S. consulate.
- Prepare the required documentation, including a valid Mexican passport, support statement from the U.S. employer, evidence of qualifications, and evidence of nonimmigrant intent.
- Attend the visa interview.
- Answer questions about the planned job duties, qualifications, and related issues.
- If approved, receive a TN visa.
- Use the TN visa to seek entry to the United States as a TN worker.
Mexican citizens must apply for a TN visa before seeking entry into the US as a TN worker.
To do this, the applicant must first complete and submit a Form DS-160 Non-Immigrant Visa Application Form online. The applicant must then schedule a visa appointment at the US Consulate and pay the application fee of $185.
The following documentation must be brought to the visa interview:
- A valid Mexican passport
- Support statement from US employer
- Evidence of professional and educational qualifications
- Evidence of non-immigrant intent
At the visa interview, the applicant may be asked questions about their planned job duties in the United States, qualifications, and similar questions.
Once approved, the applicant will be issued a TN visa.
Port of Entry
Following visa issuance, the TN worker must then seek TN classification at a US port of entry.
The following documents should be brought on the day of the application:
- Mexican passport
- TN visa stamp
- Support statement from US employer
While the TN petition may likely not be re-adjudicated, some general questions may still be asked by the Customs and Border Patrol officer handling the application.
CBP port-of-entry fees and procedures can vary. Any applicable CBP fees should be confirmed at the port of entry. Upon approval, you should be given TN classification for up to 3 years.
Change of Status
Citizens of Canada and Mexico may also choose to do a Change of Status. A change of status is when you go change from one non-immigrant status to another non-immigrant status.
In order to do a change you status, you must be lawfully present in the US in some valid non-immigrant status. You must also file a Form I-129 while you are present in the US.
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How to go from TN Visa to Green Card
One of the questions that I get asked quite often is whether a TN worker can go from TN visa to green card. The answer is YES.
TN classification is a nonimmigrant classification, and it does not directly lead to a green card. To go from TN visa to green card you can either apply for an adjustment of status or apply for an immigrant visa abroad.
An adjustment of status is when you go from non-immigrant classification to immigrant classification. The entire process can be done within the USA without the need to go abroad. In order to do an adjustment of status, you must be lawfully present in the United States at the time the adjustment of status petition is filed. To do an adjustment of status, you must file a Form I-485 with USCIS.
Applying for an immigrant visa is different from doing an adjustment of status. Applying for an immigrant visa must be done at a US Consulate abroad. This process also requires you to undergo an visa interview at the US Consulate.
If you pursue an employment-based green card, you will generally need an approved immigrant petition, often Form I-140, before completing adjustment of status or immigrant visa processing.
As a TN professional, one of the most common ways of going from TN visa to green card is by having your US company sponsor you for a green card through a job offer. In many employment-based green card cases, including many EB-2 and EB-3 cases, the U.S. company must first obtain an approved Labor Certification before filing the immigrant petition.
A Labor Certification is issued by the Department of Labor. To get a Labor Certification, the US company must show that it made efforts to secure a qualified US worker for the position but were unable to find a qualified US worker. Once the Labor Certification is approved, the US company is eligible to sponsor you for a green card.
Crucial Note
The TN classification requires that you must have non-immigrant intent. Getting approved for an immigrant petition can potentially conflict with the requirement to have non-immigrant intent. As you can imagine, an approval for an immigrant petition can be seen as clear evidence of immigrant intent. It is highly important to get qualified immigration guidance throughout the process, because timing and strategy matter for TN status.
Why Work With Ashoori Law for Your TN Visa
Applying for a TN visa may seem straightforward, but many applications are delayed or denied due to issues such as incorrect job classification, weak employer support letters, or insufficient documentation. These issues can often be avoided with proper legal guidance.
How an Immigration Lawyer Can Help With a TN Visa
Although the TN visa process may appear straightforward, many applications are delayed or denied due to issues such as improper job classification, weak employer support letters, or incomplete documentation.
Because the TN visa category has specific legal and documentation requirements, working with an experienced immigration lawyer can help ensure that the application is properly prepared.
An immigration lawyer can assist professionals and employers with several aspects of the TN visa process, including:
- Evaluating eligibility
- Preparing documentation
- Ensuring that the application meets TN visa requirements.
Evaluating Eligibility
An immigration lawyer can review your job offer, qualifications, and professional background to determine whether your position qualifies under the TN occupation list. This step is important because TN visa eligibility often depends on whether the job duties clearly match one of the recognized TN professions.
A lawyer can assist by:
- Reviewing the job position to confirm it qualifies under the TN Occupation List
- Evaluating whether the applicant meets the education and credential requirements
- Assessing whether the job duties properly align with the TN occupation category
Preparing a Strong Employer Support Letter
The employer support letter is one of the most important documents in a TN visa application. This letter typically explains the role the applicant will perform, the responsibilities of the position, the applicant’s qualifications, and the temporary nature of the employment.
An immigration lawyer can help ensure that the support letter clearly explains how the job fits within the TN visa rules.
A lawyer may assist with:
- Drafting or reviewing the TN employer support letter
- Ensuring the letter properly describes the job duties and responsibilities
- Explaining how the applicant’s qualifications match the TN profession requirements
Organizing Supporting Documentation
TN visa applicants must provide documentation demonstrating that they meet the educational and professional requirements for the position. This often includes academic credentials, professional licenses, resumes, and letters from prior employers.
Properly organizing these materials can help strengthen the TN visa application.
An immigration lawyer can help by:
- Organizing degrees, certificates, and licenses
- Reviewing documentation showing professional experience
- Preparing supporting evidence to demonstrate TN eligibility
Avoiding Common TN Visa Mistakes
Even small mistakes in a TN visa application can lead to delays or denials. Issues such as incorrect job classification, incomplete documentation, or poorly prepared support letters may create problems during the review process.
Working with an immigration lawyer can help reduce these risks and improve the chances that the TN visa application is properly prepared before submission.
An immigration lawyer can help avoid issues such as:
- Incorrect TN occupation classification
- Incomplete employer support letters
- Insufficient documentation of education or experience
- Weak documentation supporting TN visa eligibility
Ongoing Support for Extensions and Changes
We assist with TN visa extensions, change of status, and planning for long-term immigration options, including evaluating possible green card strategies where appropriate.
Working with an experienced immigration lawyer can help ensure that your application is properly prepared and submitted with attention to detail.
About Our Immigration Lawyer: Michael Ashoori
Michael Ashoori is a U.S. immigration lawyer and the founder of Ashoori Law, an immigration law firm based in Los Angeles, California. Through Ashoori Law, he works with a team of experienced legal professionals to assist individuals and companies navigating the U.S. immigration system, including individuals seeking temporary work visas and long-term immigration solutions.
Michael Ashoori and the team at Ashoori Law assist Canadian and Mexican professionals with TN matters. The TN visa category allows qualified professionals to work in the U.S. in specific occupations listed under the TN occupation list.
Because TN visa cases often require careful preparation of documentation and proper classification of the job position, many professionals choose to work with an immigration lawyer to ensure their application is properly structured.
Through Ashoori Law, our legal team help clients with several aspects of the TN visa process, including:
- Determining whether a job qualifies under the TN Occupation List
- Reviewing whether an applicant meets the education and credential requirements
- Preparing and reviewing TN employer support letters
- Organizing supporting documents for TN visa applications
- Assisting with TN visa applications and extensions
- Advising on change of status to TN
- Helping professionals explore possible green card strategies where appropriate
TN visa applications often involve technical immigration requirements and detailed documentation. Working with an experienced immigration lawyer can help ensure that the application is properly prepared, submitted, and compliant with TN visa rules.
Schedule a Consultation With Our Team
If you are a Canadian or Mexican professional interested in working in the United States through the TN visa program, it is important to ensure that your application is properly prepared. The TN visa category has specific requirements related to job classification, qualifications, and documentation, and preparing the application carefully can help avoid delays or complications.
Ashoori Law works with professionals and employers to help navigate the TN visa process. The firm assists with preparing the necessary documentation, reviewing job qualifications, and helping applicants understand the requirements for obtaining and maintaining TN status.
Ashoori Law helps professionals and employers with:
- TN visa applications
- TN visa extensions
- Change of status to TN
- Employer support letters
- Evaluating possible green card strategies where appropriate
If you would like help with your TN visa case, you can contact Ashoori Law to schedule a consultation and discuss your situation.
You can email us to discuss your case and determine the best strategy for your TN visa application.
You can also follow Ashoori Law on social media for immigration updates, legal insights, and helpful guides:
These platforms regularly share information about U.S. immigration law, visa options, and updates that may be helpful for professionals considering working in the United States.
- Help with TN visa applications, extensions, and renewals
- Guidance on employer support letters and documentation
- Support transitioning from TN visa to green card
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Common FAQs
- What is a TN visa?
The TN is a nonimmigrant classification that allows citizens of Canada and Mexico to work in the United States in certain professional occupations.
To qualify for a TN visa, the applicant must:
- Be a citizen of Canada or Mexico
- Have a job offer from a U.S. employer
- Work in a profession listed on the TN Occupation List
- Meet the education or licensing requirements for that profession
TN status can be granted for up to 3 years at a time and can be extended multiple times as long as the worker continues to qualify.
- Does a TN visa require a job offer?
Yes, TN classification requires a qualifying offer of prearranged professional-level work.
As part of the TN application process, the employer typically provides a support letter explaining:
- The professional activities the applicant will perform
- The applicant’s job responsibilities
- The length of employment
- The employer’s need for the applicant’s services
- The applicant’s qualifications
- The salary or compensation
Unlike some other employment visas, the TN visa does not require a Labor Certification, which can make the process faster.
- Can someone in TN status apply for a green card?
Yes, a person in TN status may later pursue a green card, but this should be carefully planned because TN is a temporary nonimmigrant classification.
Although the TN visa is a non-immigrant visa, many TN professionals later apply for permanent residence through other immigration processes.
One common path is employment-based sponsorship by a U.S. employer. In some categories, this may require the employer to obtain a Labor Certification before filing a green card petition.
Because the TN visa requires non-immigrant intent, transitioning from TN status to a green card should be carefully planned.
- Is the TN visa a non-immigrant visa?
Yes. The TN visa is a non-immigrant visa classification.
This means the classification allows qualified Canadian and Mexican citizens to temporarily live and work in the United States.
To qualify for TN status, the applicant must demonstrate temporary entry, meaning they do not intend to establish permanent residence in the United States at the time of their TN application or admission
- Do Canadian citizens need a TN visa stamp?
Usually, no. A Canadian citizen generally does not need a TN visa stamp to seek TN admission and may apply for TN status directly at a U.S. port of entry or pre-clearance location. There are limited situations where a Canadian may still apply for a TN visa at a U.S. consulate.
- Do Mexican citizens need a TN visa before entering the United States?
Yes, in general. Mexican citizens typically must obtain a TN visa from a U.S. embassy or consulate before requesting admission to the United States in TN status. The application process usually includes Form DS-160, a visa fee, and a consular interview process depending on the case.
- How long can someone stay in TN status?
TN status may be granted for up to three years at a time. Extensions may also be possible in additional periods of up to three years, as long as the person continues to qualify and continues to seek temporary entry rather than permanent residence through the TN application itself.
- Can a spouse or child work in TD status?
No. TD dependents may accompany a TN principal, and they may usually study in the United States, but TD status does not authorize employment. Whether a spouse or child needs a TD visa stamp depends in part on citizenship and where they are applying.
Conclusion
By reading this guide, you are now in a much better position to understand the TN visa from start to finish.
Specifically, you should now have a better understanding of:
- What the TN visa is
- The Benefits of a TN visa
- The TN Visa Requirements
- The Documents Needed to Apply for TN Classification
- The Process of Getting a TN Visa
- And How to go from TN Visa to Green Card
This is a lot of information to cover and much of it is highly specialized and complex. If you have any questions about the TN visa, we would be happy to help you.
Resources:
- 8 CFR Section 214.6
- Business Immigration: Law and Practice, 2nd Ed. Chapter 14 - TN Visas and Status
- North American Free Trade Agreement
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.