TN Visa (USMCA Professional)

Confirm applicant is a Canadian or Mexican citizen. Match position to the USMCA Appendix TN occupation list (e.g., Accountant, Engineer, Computer Systems Analyst, Management Consultant, etc.). Verify education meets minimum requirements for that occupation. Note: some occupations require only a Bachelor's, others require a Licenciatura.

The TN occupation list is a closed list — if the position is not on the list, TN cannot be used. But job title/description may be adjusted to match a listed occupation (must truthfully reflect actual duties).

Canadian citizens: prepare TN application letter + supporting documents; applicant presents at port of entry or airport for direct adjudication. I-129 not required (but can optionally pre-file for certainty). Mexican citizens: must go through consular interview, schedule appointment and submit DS-160. Or pre-file I-129 to obtain I-797 before interview.

Canadian citizens risk denial at POE (immediate, no appeal). For complex cases, pre-filing I-129 is recommended.

Work with attorney to confirm position matches a TN occupation list entry. Job description must reflect core duties of that occupation. Ensure reasonable salary (TN doesn't require LCA/Prevailing Wage, but unreasonably low salary may raise concerns).

Issue detailed Offer Letter/Support Letter including: company name and address, job title (matching TN list), detailed duty description, salary, employment start and end dates (showing temporary nature), minimum education requirements.

End date in Offer Letter is important — TN is a temporary work visa, must demonstrate non-permanent nature of employment.

Confirm you are a Canadian or Mexican citizen (permanent resident is not sufficient, must be citizen). Verify your education meets the TN occupation list requirements for the target occupation (e.g., Bachelor's degree in a related field). If degree is from outside US/Canada/Mexico, credential evaluation may be needed.

Bring all documents to a US-Canada border POE or airport CBP Pre-flight Inspection. Present TN application letter and supporting documents to CBP officer. If approved, receive I-94 on the spot (TN status, up to 3 years). Pay $50 I-94 fee.

Recommend visiting POE on a weekday morning, avoid peak hours. If applying at airport, allow extra time (2-3 hours earlier than normal).

Draft detailed application letter arguing: (1) applicant's nationality (Canadian/Mexican) (2) occupation is on the TN list (3) job description matches TN occupation (4) applicant's credentials meet requirements (5) temporary nature of employment (TN is nonimmigrant).

Canadian citizens: attorney typically cannot accompany into POE (CBP does not allow), but can wait nearby. Provide phone briefing beforehand. Mexican citizens: prepare interview coaching, ensure applicant can clearly explain position duties and temporary work purpose.

Provide business registration, EIN, company profile. If small or new company, may need additional financial documents to prove genuine operations. TN adjudication is usually simpler than H-1B, but POE officers may still request supplementary documents.

After employee obtains TN status (Canadian citizens approved at POE immediately, Mexican citizens after interview and entry), complete I-9. TN does not require LCA compliance (no posting notices or Public Access File).

Schedule TN visa interview at US Consulate in Mexico. Submit DS-160, passport, degree certificates, Offer Letter, TN application letter. After interview approval, receive TN visa stamp for US entry.

During TN validity, may only work for the designated employer in the designated role. Changing employers requires a new TN application. Before expiry: Canadian citizens may renew at POE or file I-129; Mexican citizens may file I-129 or re-interview.

TN is renewable indefinitely (up to 3 years each time). Note: TN is considered nonimmigrant (no dual intent) — if applicant is simultaneously applying for green card, renewal may be challenged for immigrant intent. Renewal strategy: renew at POE each time (Canada) or pre-file I-129.

TN holders pursuing green cards must be cautious. If I-140 is approved, TN renewal may be denied. Consult attorney for status transition strategy (e.g., switch to H-1B first).

TN is considered a nonimmigrant visa without dual intent. If planning green card: (1) avoid filing I-140 before TN renewal (2) consider switching to H-1B (which has dual intent) first (3) if I-140 is already approved, TN renewal may face immigrant intent challenges.

Safest green card path: TN → H-1B (lottery or cap-exempt) → PERM/I-140 → I-485.