TN Visas

The TN Professional Visa is for Canadian or Mexican Citizens

The TN visa, under the NAFTA treaty, allows certain professionals to temporarily enter the United States and work for up to 3 years.

To obtain a TN visa, the applicant must have an offer of employment from a U.S. company in a profession that usually requires a bachelor’s degree (also called a Licenciatura) or a state or provincial license.

The process for applying for a visa differs depending on whether the applicant is a Canadian or Mexican citizen; however, there are some similarities. In both situations, the requesting employer must write a letter describing the position as temporary and professional, detailing the business activities, the length of stay, the applicant’s credentials, and pay arrangements. The applicant must also provide a copy of their qualifying credentials.

Although the maximum stay for this visa is 3 years, it is renewable indefinitely. The employer may file an I-129 Petition to extend the TN’s status within six months of the TN’s stay expiring and to request an additional three years. If this is not possible, or the TN would rather return to their home country, they can reapply for a new visa at the consulate (Mexicans) or apply at the border again on reentry (Canadians).

• An advantage of this visa is that spouses and unmarried children under 21 may accompany the TN as dependents in TD status. TDs may attend school but cannot work.
• A disadvantage of this visa is that it is a non-immigrant (temporary) visa. If a TN wants to permanently stay in the United States by applying for an immigrant visa, they may have issues proving nonimmigrant intent when they acquired their TN status.

Professions eligible for the TN visa

The TN visa is available to qualified professionals from Canada and Mexico who work in specific occupations listed under the United States-Mexico-Canada Agreement (USMCA). There are currently 64 professional categories eligible for TN status, including science, education, medicine, law, and business. This list is subject to change as new professions are added or existing ones are updated, so it’s essential to consult the most current guidance before applying.

General Professions

• Accountant
• Architect
• Computer Systems Analyst (CSA)
• Computer Engineer (and related IT professions)
• Disaster Relief Insurance Claims Adjustor
• Economist
• Engineer
• Forester
• Graphic Designer
• Hotel Manager
• Industrial Designer
• Interior Designer
• Land Surveyor
• Landscape Architect
• Lawyer (including Notaries in Quebec)
• Librarian
• Management Consultant
• Mathematician
• Research Assistant
• Scientific Technician / Technologist
• Social Worker
• Statistician
• Sylviculturist (Forest & Conservation Technician)
• Technical Publications Writer
• Urban Planner / Geographer
• Vocational Counselor

Medical Professions

• Dentist
• Dietician
• Medical Laboratory Technologist
• Nutritionist
• Occupational Therapist
• Pharmacist
• Physical Therapist / Physiotherapist
• Physician (Teaching Positions Only)
• Psychologist
• Recreational Therapist
• Registered Nurse
• Veterinarian

Science Professions

• Agriculturist / Agronomist
• Animal Breeder
• Animal Scientist
• Apiculturist
• Astronomer
• Biochemist / Biophysicist
• Biologist
• Chemist
• Dairy Scientist
• Entomologist
• Epidemiologist
• Geneticist
• Geologist
• Geochemist
• Geophycist
• Horticulturist
• Meteorologist
• Pharmacologist
• Physicist
• Plant Breeder
• Poultry Scientist
• Range Manager / Conservationist
• Soil Scientist
• Zoologist / Wildlife Biologist

Teaching Professions

• College Teacher
• Seminary Teacher
• University Teacher

Key Employment and Legal Issues Involving TN Visa Sponsorship

While the TN visa provides a streamlined path for Canadian and Mexican citizens to work in the United States temporarily, the legal framework governing employer obligations and beneficiary eligibility is highly detailed. A job offer in a qualifying profession is only one part of a successful application. The job must also be classified as temporary, and the applicant must prove qualifications through degrees, licenses, or professional credentials.

In practice, the application must reflect more than just job duties—it must show that the position fits squarely within a category recognized under the USMCA (formerly NAFTA). Misalignment between job title and actual tasks may result in a denial, even if the employer’s needs and the applicant’s skills are legitimate. A TN lawyer can assist employers and employees in drafting and reviewing the job letter, confirming the role meets regulatory definitions, and ensuring all documentation is complete.

Avoiding Job Classification Errors

Many denials stem from discrepancies between the job description and the designated professional category. For example, a business analyst role might overlap with a computer systems analyst designation, but require specific clarification to be approved under the TN visa scheme.

The applicant and the employer have the burden of proof to demonstrate that the position is not only professional in nature but also falls within the scope of one of the enumerated roles. Supporting evidence, such as transcripts, license verifications, and detailed position summaries, can help strengthen the petition in borderline cases.

A TN visa attorney can advise on how to present these credentials in accordance with current USCIS guidance, minimizing processing delays and the risk of denial at the border or consulate.

Extension Strategies and Common Pitfalls

Although TN status is renewable indefinitely, issues often arise when employers or employees fail to properly document their intent. Since TN is a non-immigrant classification, each entry or extension requires reaffirming that the employment remains temporary and that the applicant does not have immigrant intent.

Problems can also arise when employers delay filing Form I-129 for extensions or when employees remain in the U.S. while a petition is pending but not yet approved. Timely planning and legal oversight can help prevent lapses in status or unauthorized employment.

An experienced TN visa lawyer can guide employers through the timing of filings and determine whether the border or consular option is the more strategic choice for renewal, depending on the employee’s circumstances.

Visa-Specific Support for Spouses and Dependents

The TN visa’s corresponding TD status permits spouses and unmarried children under 21 to accompany the primary visa holder. However, TD dependents cannot work in the U.S. and must maintain their own valid status throughout the TN worker’s authorized stay.

If dependents attend school or plan extended stays, they must ensure their records are updated with USCIS and that any planned international travel does not jeopardize their reentry. Educational institutions may also require updated documentation confirming TD status, particularly when dependents change programs or move between school systems. A TN visa attorney can assist families with renewals and travel compliance to avoid interruptions to legal status or academic progress.

Frequently Asked Questions

Can a TN visa holder apply for a green card?
Yes, but with caution. Pursuing permanent residency can present complications because the TN is a non-immigrant visa, especially without proper legal planning to avoid conflict with non-immigrant intent.

Can I switch employers while on a TN visa?
Yes, but a new job offer must be submitted, and a new TN petition must be filed. Employment with the new employer cannot begin until approval is granted.

What happens if a TN visa extension is delayed?
If the extension is filed before the current status expires, the applicant can continue working for up to 240 days while USCIS processes the petition. Delays beyond that window may result in out-of-status consequences.

Can remote or hybrid positions qualify for TN status?
It depends on the nature of the work. Some remote roles may still qualify, but documentation must clearly show the position’s professional nature and tie it to an eligible occupation.

Need Help with a TN Visa?

Whether you’re an employer hiring a qualified professional or a Canadian or Mexican citizen pursuing U.S. work opportunities, The Bernard Firm can guide you through the TN visa process. From preparing job offer letters to advising on eligibility and renewals, we ensure every step is handled precisely. Contact us today to speak with a TN visa attorney, get your questions answered, or begin your application with confidence.