The TN visa is a temporary work route allowing Canadian and Mexican professionals to work in the United States in treaty‑listed occupations. Formally, Canadians are admitted in TN‑1 status at a US port of entry (they do not receive a visa stamp), while Mexicans are issued a TN‑2 visa by a US consulate before travelling. The category originates under NAFTA and continues under the United States–Mexico–Canada Agreement (USMCA). TN classification requires non‑immigrant intent, meaning the worker must intend to remain in the US temporarily and depart when authorised stay ends.
What this article is about: This guide explains the TN category for employers, with particular focus on businesses that operate in both the UK and the US or have North American operations. It covers the legal framework, eligibility rules, application process, and compliance duties when engaging Canadian and Mexican nationals under this route. By understanding how TN status works, employers can make informed hiring decisions and reduce the risks of immigration non‑compliance.
Section A: What is the TN Visa?
The TN category is a treaty‑based, non‑immigrant route that allows eligible Canadian and Mexican professionals to work in the United States in specifically listed occupations. Created under NAFTA and continued under the USMCA (effective 2020), it facilitates cross‑border deployment of skilled workers while preserving the temporary nature of stay. Canadians are admitted in TN‑1 status at a US port of entry (no visa stamp is issued), whereas Mexicans obtain a TN‑2 visa at a US consulate before travelling. A core requirement is non‑immigrant intent: the worker must intend to depart the US when the authorised period ends.
1. Definition and legal framework
The TN category arises from international treaty provisions that enumerate qualifying professional occupations and set minimum credential standards. Eligibility does not depend on prior petition approval by USCIS in many cases; instead, it turns on nationality (Canada or Mexico), a bona fide offer of temporary employment by a US employer, and the occupation being expressly listed in the treaty schedule with the applicant meeting the prescribed credentials. Roles not listed are ineligible, regardless of how closely the duties may resemble a listed profession.
For Canadians, eligibility is adjudicated by US Customs and Border Protection (CBP) at the port of entry; for Mexicans, initial eligibility is assessed by a US consulate that issues a TN‑2 visa. In both scenarios, admissibility and work authorisation are ultimately determined by US authorities at the time of entry, and prior grants do not guarantee future approvals.
2. Key features of the TN category
- Scope: Restricted to professional occupations enumerated in the treaty (e.g., accountants, engineers, scientists, certain medical professionals, management consultants).
- Duration: Typically granted for up to three years per admission, with the possibility of successive three‑year extensions so long as the employment remains temporary.
- Process differences: Canadians may apply directly at a port of entry for TN‑1 status; Mexicans apply at a consulate for a TN‑2 visa before travelling.
- No annual cap: Unlike H‑1B, there is no quota or lottery.
- Intent requirement: TN does not recognise dual intent; indications of permanent immigrant intent can adversely affect eligibility.
Because the occupation list and credential rules are treaty‑defined, careful role scoping and document preparation are critical. Titles should align with a listed profession, and the employer letter should map core duties to the treaty description.
3. Benefits and limitations
- Benefits: Relatively swift and cost‑effective compared with many US work routes; no annual cap; streamlined border adjudication for Canadians.
- Limitations: Available only to citizens of Canada and Mexico; confined to treaty‑listed occupations; requires non‑immigrant intent; does not, by itself, provide a path to permanent residence; dependants (TD) cannot work.
Section Summary: TN is a flexible, treaty‑based route enabling Canadian and Mexican professionals to undertake clearly defined, temporary professional roles in the US. Its speed and absence of quotas are attractive, but strict occupation listing, non‑immigrant intent and temporary purpose must be evidenced on each admission and renewal.
Section B: TN Visa Eligibility & Requirements
Eligibility under the TN framework depends on three core factors: nationality, the occupation being expressly listed in the treaty schedule, and the applicant meeting the specific credential requirements for that profession. Employers must also present a compliant offer of temporary employment. Unlike broader US work visas, there is no discretion to approve unlisted roles, regardless of qualifications.
1. Eligible professions
The TN route is confined to professional occupations set out in the USMCA schedule. Examples include:
- Accountants
- Engineers
- Scientists (e.g., biologists, chemists, physicists)
- Medical professionals (e.g., dentists, pharmacists, dietitians)
- College, university, or seminary teachers
- Management consultants
Each listed occupation stipulates minimum credentials, generally a bachelor’s degree or professional licence. Occupations outside this schedule cannot be sponsored under TN status, irrespective of the individual’s expertise or experience.
2. Employer requirements
US employers must provide a genuine, temporary offer of employment that aligns with a treaty-listed profession. Obligations include:
- Confirming the job is temporary and not structured as permanent employment.
- Ensuring the duties fall squarely within a listed occupation category.
- Issuing a detailed support letter describing the role, duties, duration, and how the applicant meets the treaty criteria.
Employers must also comply with general US employment law, including wage and workplace protections.
3. Applicant requirements
Applicants must demonstrate:
- Citizenship: Only citizens of Canada or Mexico qualify. Permanent residents of these countries are not eligible.
- Credentials: The required degree, licence, or professional registration for the listed occupation must be held and evidenced.
- Valid offer: A genuine, temporary job offer in a treaty-recognised profession from a US employer.
Process distinctions include Canadians applying directly to CBP at the port of entry for TN-1 status, while Mexicans must apply at a US consulate for a TN-2 visa. In both cases, admissibility is determined at the border upon entry.
Section Summary: TN eligibility is strictly limited to Canadian and Mexican citizens offered roles listed in the treaty and supported by appropriate credentials. Employers play a central role in confirming the role is treaty-listed and issuing a compliant support letter, with CBP or consular officers assessing admissibility afresh on each application.
Section C: TN Visa Application Process
The TN process is relatively streamlined compared to other US work visas, but the steps vary significantly for Canadians and Mexicans. Employers must ensure that supporting documentation is precise and that both the application route and associated fees are correctly understood. Each new application or extension is a fresh adjudication, not an automatic continuation of prior grants.
1. Application routes
- Canadian nationals (TN-1 status): Canadians apply directly at a US port of entry (land border, airport pre-clearance). They present supporting documentation to CBP. If approved, TN-1 status is granted on the spot; no visa stamp is issued in the passport.
- Mexican nationals (TN-2 visa): Mexicans must apply at a US consulate in Mexico, completing the DS-160 online form, attending an interview, and presenting documentation. If approved, a TN-2 visa is stamped in the passport, allowing travel to the US where CBP confirms admissibility.
For both nationalities, admissibility is confirmed on entry by CBP, and each admission is a separate adjudication. Employment cannot commence until TN status is formally granted.
2. Supporting documents
Core documentation includes:
- A detailed employer support letter outlining the offered position, duties, temporary nature of the role, and how the applicant meets treaty criteria.
- Evidence of credentials (degrees, licences, registrations as required for the listed occupation).
- Valid passport confirming Canadian or Mexican citizenship.
- Where applicable, evidence of compliance with professional standards (e.g., licences for healthcare workers).
For Canadians, these documents are presented to CBP at the port of entry. For Mexicans, they are submitted to the consulate as part of the DS-160 application process.
3. Timelines and costs
- Processing times: Canadian applications can be adjudicated immediately at the border. Mexican applications usually take several weeks, depending on consular appointment availability.
- Fees: Canadians pay a $50 filing fee plus a $6 I-94 fee at the border. Mexican applicants pay the standard non-immigrant visa application fee, currently $185.
- Extensions: TN status is granted for up to three years. Extensions can be pursued either by re-applying at the border (for Canadians) or filing with USCIS. Premium processing is available for USCIS-filed extensions but not for border adjudications. Each extension involves a new adjudication, and approval is not guaranteed solely because prior TN status was granted.
Section Summary: The TN application process offers speed and simplicity, particularly for Canadians at the border, but requires careful preparation of the employer letter and evidence of credentials. Costs and processing times vary by nationality, and employers must plan extensions well in advance, recognising that each renewal is subject to fresh scrutiny.
Section D: Compliance and Risks for Employers
Although the TN route is more accessible than many US work visas, employers retain ongoing obligations to ensure the worker remains authorised. Compliance failures can result in serious consequences, from refused entry for the employee to reputational or regulatory exposure for the business. Effective HR processes are therefore essential.
1. Maintaining legal status
Employers must monitor the expiry of each employee’s TN authorisation. TN status is typically valid for up to three years, but work must stop immediately if it lapses. Any renewal should be initiated well in advance, either at the border (for Canadians) or via USCIS filing (for both Canadians and Mexicans). Because each application is adjudicated afresh, prior approval does not guarantee a subsequent grant.
Employers must also assess immigration implications before altering a TN worker’s role, title, or location, as material changes may invalidate the basis of admission.
2. Risks of non-compliance
- Employees may be refused entry or removed if duties do not match the approved treaty occupation.
- Employers risk reputational harm if perceived to facilitate unauthorised employment.
- Repeated breaches can attract scrutiny from US immigration authorities, including audits or site inspections.
Failure to track expiry dates, allowing employees to continue work beyond authorised stay, is a common compliance risk.
3. Best practice for employers
- Draft employment contracts expressly stating the temporary nature of the engagement and linking the term of employment to TN validity.
- Use HR systems to flag visa expiry dates and prompt renewal action.
- Maintain comprehensive immigration records, including copies of support letters, prior admissions, visas (if applicable), and credential evidence.
- Provide training for HR staff and managers to escalate immigration concerns promptly.
Employers should also be aware of dependent arrangements. Spouses and children under 21 may apply for TD status, enabling them to reside in the US. TD dependants cannot work but may study. Proof of family relationship (e.g., marriage or birth certificates) is required, and extended family members are not eligible.
Section Summary: Compliance under the TN route requires vigilant monitoring of visa validity, careful handling of role changes, and robust HR controls. Each admission or extension is a fresh adjudication, underscoring the need for consistent immigration oversight. Employers should integrate TN compliance into broader global mobility policies to minimise risk and ensure uninterrupted business operations.
FAQs
What is the difference between TN and H-1B visas?
The TN route is reserved for Canadian and Mexican citizens in treaty-listed professional occupations. It carries no annual cap and features streamlined adjudication. By contrast, the H-1B is open to wider nationalities and professions but is capped annually and subject to a lottery system.
Can a TN visa holder apply for a Green Card?
While a TN worker may transition to permanent residence through an employer-sponsored Green Card, this can be complex. TN status requires non-immigrant intent, and evidence of immigrant intent at the time of admission or extension can result in refusal. Employers considering sponsoring TN employees for Green Cards should obtain specialist immigration advice.
How long can you stay in the US on a TN visa?
TN status is usually granted for up to three years per admission. There is no statutory limit on renewals, but each new application is adjudicated afresh, and the employment must continue to qualify as temporary under treaty rules.
Do family members qualify for dependent visas?
Yes. Spouses and unmarried children under 21 may apply for TD status to accompany the principal TN holder. TD dependants cannot work in the US, though they may undertake study. Proof of family relationship is required.
Can a TN visa holder change employers?
Yes. A TN professional wishing to change employer must secure new TN authorisation based on a fresh employer support letter. Employment with the new employer cannot commence until the new TN has been approved by CBP at the port of entry or USCIS through a petition filing.
Conclusion
The TN route offers US employers a fast and cost-effective way to employ Canadian and Mexican professionals in defined occupations. Its streamlined adjudication and absence of quotas make it attractive compared with other work visas. However, its advantages come with strict limitations: only citizens of Canada and Mexico qualify, only treaty-listed professions are eligible, and each admission is scrutinised afresh to ensure the role remains temporary.
For employers, success with TN status depends on robust compliance practices. This includes ensuring job roles align with treaty definitions, monitoring expiry dates, preparing accurate support letters, and managing extensions proactively. Integrating TN oversight into broader global mobility and HR compliance policies helps reduce risks of disruption and safeguards operations in the US.
By treating the TN route as part of a structured immigration compliance framework, employers can maximise its benefits while maintaining confidence that they remain aligned with US immigration requirements.
Glossary
| TN Visa | A treaty-based US work visa category for Canadian and Mexican professionals in designated occupations. Canadians are admitted in TN-1 status; Mexicans are issued TN-2 visas. |
| USMCA | The United States–Mexico–Canada Agreement, which replaced NAFTA in 2020 and provides the legal framework for TN classification. |
| NAFTA | The North American Free Trade Agreement, the original treaty (1994) that created the TN category. |
| H-1B Visa | A US visa for specialist workers in defined occupations, open to multiple nationalities, but subject to annual caps and a lottery process. |
| L-1 Visa | A US visa allowing intra-company transferees to work in US branches of multinational organisations. |
| TD Visa | Dependent status available to spouses and unmarried children under 21 of TN workers. Holders may reside and study in the US but cannot work. |
Useful Links
| USCIS – TN NAFTA Professionals | https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals |
| US Department of State – NAFTA Professional Visa | https://travel.state.gov/content/travel/en/us-visas/employment/nafta-professional-visa.html |
| CBP – Canadian and Mexican NAFTA Professional Worker | https://www.cbp.gov/travel/international-visitors/canadian-and-mexican-nafta-professional-worker |
| NNU Immigration – TN Visa | https://www.nnuimmigration.com/tn-visa/ |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
