Immigration
定義
A nonimmigrant work visa available exclusively to Canadian and Mexican citizens under the USMCA (formerly NAFTA), allowing them to work in the U.S. in specific professional occupations without going through the H-1B lottery.
The TN (Trade NAFTA) visa status is a nonimmigrant work authorization created under the North American Free Trade Agreement and preserved under the USMCA. It allows Canadian and Mexican citizens who qualify under a specific list of professional categories to work in the United States for a U.S. employer. Qualifying professions include accountants, engineers, lawyers, scientists, computer systems analysts, management consultants, and more than 60 other listed occupations, each with specific educational and credential requirements.
The process differs significantly between Canadian and Mexican citizens. Canadians can apply for TN status directly at a U.S. port of entry or airport pre-clearance by presenting a job offer letter, credentials, and the $50 fee — no advance petition or visa stamp is required. Mexican citizens must apply for a TN visa at a U.S. consulate in Mexico before traveling. Both categories result in TN status valid for up to three years, renewable in three-year increments indefinitely.
TN status is employer-specific and position-specific — a TN holder cannot freely switch employers without obtaining new TN authorization. The underlying job must fall within the USMCA professional categories, and the educational credentials must align with the specific occupation's requirements. Management consultants, for example, must have a relevant baccalaureate or licenciatura degree or equivalent professional experience (five years of experience for each year of missing schooling).
Critically, the TN is a nonimmigrant visa, meaning the applicant must maintain nonimmigrant intent. Unlike H-1B, TN status does not have a statutory path to permanent residence, and applying for a green card while in TN status can create complications around 'dual intent,' though careful legal management can navigate this issue.
For U.S. employers, the TN visa is an underutilized alternative to the H-1B for hiring Canadian and Mexican professionals. It has no annual cap, no lottery, and no waiting period — a Canadian applicant can be cleared at the border and starting work the same day. For roles that qualify, TN is dramatically faster and cheaper than the H-1B sponsorship process.
However, the occupational list is rigid, credential requirements are strict, and a mismatch between the job description and the TN category can result in denial at the port of entry — a highly disruptive outcome for an employee who just arrived. An immigration attorney can structure the job offer letter, verify credential alignment, and prepare the documentation package to maximize the likelihood of approval.