The TN Visa: A Complete Guide

Welcome to The Scheer Immigration Law Group blog, where today we delve into the TN visa, an important yet underappreciated mechanism for Canadian and Mexican professionals seeking temporary employment in the United States. This visa, integral for skilled workers and specialized professionals, is crucial for those aiming to navigate the U.S. immigration landscape or for employers eager to onboard foreign talent. Our goal is to clarify the TN visa category, thereby equipping individuals and businesses to adeptly maneuver through the U.S. immigration framework.

The TN visa represents a significant opportunity for Canadian and Mexican nationals desiring temporary work in the U.S., originating under the North American Free Trade Agreement (NAFTA) and continuing under the United States-Mexico-Canada Agreement (USMCA). It specifically caters to skilled workers in designated occupations, facilitating their cross-border movement.

Eligibility for the TN visa necessitates citizenship in Canada or Mexico, alignment with professions listed in the NAFTA/USMCA treaty—which include fields like Engineering, Computer Science, Architecture, Accounting, and more—and the requisite educational or professional credentials for the specified role, often a bachelor’s degree or equivalent, professional experience, or certifications.

TN Visa Application Process

To obtain a TN visa, an individual must first receive a genuine job offer from a U.S. employer in one of the specific TN occupations, with details like job title, duties, salary, and employment duration outlined. Following this, the applicant must compile necessary documents, including a valid passport, an employment letter from the U.S. employer confirming the job’s eligibility for a TN visa under NAFTA/USMCA, and proof of the applicant’s qualifications, such as educational credentials and, if required, professional licenses or certifications. Subsequently, the applicant must submit these documents for the TN visa application at the relevant U.S. consulate or embassy, or for a status change if already in the U.S., through the U.S. Citizenship and Immigration Services (USCIS). An interview may be required to further evaluate the applicant’s suitability for the visa. Once approved, the applicant receives a visa stamp in their passport, authorizing them to enter the U.S. and engage in employment within the designated TN occupation for the employer specified.

Key Considerations

When applying for a TN visa, it is crucial to ensure the accuracy and completeness of all submitted documentation to avoid delays or denials. Applicants should file their TN visa applications well before their planned employment start date to account for processing times and avoid impacting their work schedule. TN visa holders can bring their spouses and unmarried children under 21 years old on derivative TD visas. The TN visa presents an opportunity for Canadian and Mexican professionals seeking temporary employment in the United States. A thorough understanding of the eligibility, application process, and important considerations of TN visas enables both employers and employees to effectively navigate U.S. immigration laws. The Scheer Immigration Law Group is prepared to support clients with their TN visa applications, offering personalized advice and professional representation.

What is the USMCA?

The basis of the TN visa, the United States-Mexico-Canada Agreement (USMCA) is a comprehensive trade agreement that entered into force on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Negotiated between the United States, Mexico, and Canada, the USMCA aims to modernize and rebalance North American trade relations, addressing key issues such as intellectual property rights, digital trade, labor standards, and environmental protections.

Key Provisions of the USMCA

The USMCA ensures tariff-free access for most goods across North America, while imposing new origin rules in sectors like automotive to boost North American component use. It supports digital trade, tackling data localization, cross-border flow, and online consumer rights. Enforceable labor and environmental clauses demand adherence to labor standards, environmental preservation, and the fight against wildlife trafficking and illegal fishing. It also enhances intellectual property rights protection, promoting innovation and creativity in various fields.

USMCA’s Impact on U.S. Immigration

In addition to its trade provisions, the USMCA also includes specific provisions related to immigration and temporary work visas for professionals from Canada and Mexico. These provisions build upon the framework established under NAFTA and continue to facilitate the movement of skilled workers across North American borders.

Under the USMCA, eligible professionals from Canada and Mexico can apply for temporary work visas under the TN (Trade NAFTA) visa category. Similar to the previous NAFTA framework, the TN visa category allows qualified professionals to work in specific occupations listed in the USMCA Annex, ranging from engineering and computer science to teaching and scientific research.

We’re Here to Help You

The Scheer Immigration Law Group has made it our mission to help immigrants to the United States for over a quarter century. Immigration law is complex. If you need help applying for your TN visa or with other immigration needs, contact us today.