8 steps to obtain employment in the U.S. through TN visa.

1. Look for fixed-term job postings

TN visas are only available for jobs which have an (initial) fixed term of three years or less. Your best bet will be to look for contract positions, ideally with an option to renew at the end of the term.

2. Determine if the job involves an eligible TN occupation

TN visas are only issued to Canadians working in one of the professions specified in Appendix 1603.D.1 of the NAFTA. The majority of the work performed in the position must also be that of the professional category under which you will be applying.

3. Ensure you meet the requirements

Each TN visa-eligible occupation also has minimum education or credential requirements. While some professions differ, the majority of jobs will require at least a baccalaureate degree in the field of potential occupation. The full list of requirements for each profession are also listed in Appendix 1603.D.1.

4. Obtain an offer letter from your employer

To be issued a TN visa you will need a letter from your new employer which includes the start and end date of your working period as well as a detailed breakdown of the duties to be performed in your new job and a listing of the type of compensation to be offered for your work.

5. Collect employer supporting documents

Typically provided by the company’s human resources department, your successful TN visa application will also require a letter or other documentation that explains your employer’s business – including number of employees, basic financials and any pertinent company facts or figures.

6. Gather your paperwork and get ready to travel

Head to a port of entry into the United States (most often an airport) and approach U.S. customs as you would on any other trip. When asked about the purpose of your visit, inform the customs officer of your intent to apply for a TN visa. You should be taken to a secondary screening area where customs officials will review your documentation, ask you questions and process your visa request.

Most TN visa requests are processed on the same day of travel for Canadians looking to start their new position immediately upon landing or in the following 24 hours however the process will take at least an hour to complete so plan flight times accordingly.

You will need:

  • Your offer letter
  • A valid passport
  • Employment documentation from Step 5
  • Copies of your relevant university or college degree and transcripts
  • Where applicable, a confirmation letter from your professional association confirming licenses and standing
  • A current resume
  • Verification of past employment. This can include offer letters, job descriptions and contracts
  • Documents proving your intent to return to Canada. Strong proof for these purposes would be that of of ownership of Canadian real estate, investment holdings or vehicles.

7. Bring U.S. Currency

Your TN visa application processing fee will cost $56 USD: $50 for the visa and an additional $6 for your I-94 card which is required, along with your passport, to obtain a driver’s license and social security number within the United States.

It is also a good idea to have U.S. currency or another valid source of funds at the ready to pay for an immediate return trip home should your TN visa application be denied.

8. If you have dependents, bring them too

Spouses and dependent minors under age 21 are eligible for TD visas, should you wish them to travel with you to the United States. While they are ineligible for employment TD visa holders may attend any educational institution within the U.S. If you need to travel ahead of your dependents to begin work note that you will have to return to Canada to apply with them at customs for their TD visas and so, if possible, it is advised that the initial crossing be performed together.

Your spouse will require a passport, birth certificate and wedding certificate while any dependent minors will require passports and birth certificates. No child over 21 years of age is eligible for a TD visa.

While your family may not be able to work, and thus will not receive a Social Security Number you should still accompany them to the nearest IRS office and apply for an Individual Taxpayer Identification Number. Your dependents will need this number to open bank accounts, register in school and be eligible for health insurance and other benefits earned through your employment.

Many employers seeking to hire Canadian professionals will have human resources departments’ familiar with the TN visa process however for those that are not familiar – or are not willing to engage the process on your behalf – the best way to ensure a successful visa approval is by soliciting the services of an experienced immigration attorney.  
 

What is TN status?

TN (Trade NAFTA) status is a nonimmigrant employment visa which allows Canadian and Mexican citizens who work in specific professional occupations to work in the United States. The arrangement is open to citizens from these countries under the former North American Free Trade Agreement (NAFTA), now known as the U.S.-Mexico-Canada (USMCA) agreement, which created special economic and trade relationships for the United States, Canada, and Mexico.

Entering on TN authorization allows qualified Canadian and Mexican citizens to stay and work in the United States, as long as their U.S. job offer falls under a list of NAFTA professions. TN status is valid for up to three years, and is indefinitely renewable.

 

What do I need to be eligible for the TN visa?

 

n order to be eligible for TN status, you will need:

  • Proof of your Canadian or Mexican citizenship, such as a passport
  • A pre-arranged full-time or part-time job in the United States with a U.S. employer, or a foreign employer with a U.S. entity
  • Qualifications to practice, such as a bachelor’s or master’s degree

Your job should also fall under the list of 60 NAFTA professions. Examples of NAFTA professions include engineer, lawyer, social worker, and dentist.

 

How do I apply for TN status?

 

If you are a Canadian citizen, you can either:

  • Apply directly at a U.S. Customs and Border Protection (CBP) port of entry when entering the U.S. or
  • Have your employer submit the TN application along with Form I-129 to U.S. Citizenship and Immigration Services (USCIS) and then seek entry once approved at a U.S. port of entry

If you are a Mexican citizen, you will need to submit the paperwork to a U.S. embassy or consulate along with Form DS-160, attend an interview, receive a visa number, and then seek entry at a U.S. port of entry.

 

What will I need to apply for TN status?

 

The process for applying for TN authorization for Canadian and Mexican citizens is different, but the requirements are similar. For every TN application, you will need:

  • A TN support letter from your employer summarizing your job, the NAFTA profession chosen, your qualifications, and other basic information (salary, length of employment, etc.) 
    • Proof of your qualifications for the role, such as transcripts or diplomas. Where possible, these should be the original copy
  • Your application fee

If you are Canadian, your employer can also file Form I-129 (“Petition for Nonimmigrant Worker”) in addition to the core TN application on your behalf. Once this is approved, you can enter the United States with your passport and the approval notice from USCIS. If you are Mexican, you will need to file Form DS-160 (“Online Nonimmigrant Visa Application”) in addition to the core TN application to apply for a TN visa at a U.S. embassy or consulate.

For both Canadians and Mexicans on a nonimmigrant status in the U.S., you can use Form I-129 to adjust your status to TN, or to reapply for TN for renewals or new employment

 

Are TN visa holders considered resident aliens?

 

If you’ve been in the U.S. for at least three years on TN status, you may be considered a resident foreigner, or what the IRS calls a “resident alien,” for tax purposes. This is based on the number of days you’ve spent in the U.S. over a three-year period.

If you live in Canada or Mexico and commute to the U.S. to work, however, then you are not considered a resident.

 

Is the TN visa employer-specific? What if I want to change employers while on a TN visa?

 

You can only work in the U.S. for the employer named on your TN visa. If you’d like to work for someone else or change companies, you will need to re-apply for a visa

Can TN visa holders apply for a green card?

 

Unlike other temporary work visas, the TN visa is not a “dual-intent” visa. This means that when you enter the U.S., you’re signalling that you won’t try to permanently move to the U.S..

Of course, there may be circumstances where you decide to marry a U.S. citizen or green card holder while you are in the U.S., and are therefore eligible for a green card. If this happens, you may be able to stay in the U.S. and adjust your status.

 

Can I study in the US if I hold a TN visa?

 

Yes, you can study either part-time or full-time in the U.S., but you will still need to follow the conditions of your original TN visa. If your TN status expires before the end of your course, then you can choose to return to your home country, extend your TN visa or change your status to a F-1, M-1 or J-1 visa.

Which visa should I get: a TN visa or the H-1B visa?

 

Both the TN visas and H-1B visas can be great options for work authorization in the U.S.. For most people, the TN visa can be a quick, cost-effective option, however it is only available to Canadian and Mexican citizens (not permanent-residents), and to be eligible, your profession must be one of those on the list of TN-qualifying specialty occupations. The H-1B visa, on the other hand, is open to citizens of any country and can be used for any occupation that requires a bachelor’s degree or equivalent.

Did the USCMA affect the TN visa?

 

No. The new U.S.-Mexico-Canada Agreement (USMCA) includes the same provisions for the TN visa as the North American Free Trade Agreement (NAFTA).

 

Can I get a TN visa without a degree?

 

It depends on your profession. To be eligible for a TN visa, you will need to show that you’re a qualified professional in one of the approved specialty occupations with a bachelor’s degree. Depending on your industry however, an alternative such as a post-secondary certificate and three years’ experience may be acceptable to show that you’re a qualified professional.

What is the grace period after I leave my job on a TN visa?

 

If you leave your job and your TN visa is still valid, you have a grace period of 60 days to find another employer, change your status or prepare to leave the U.S..