Overview

Who qualifies for TN status?

The TN nonimmigrant status was created under the USMCA (formerly NAFTA) as a streamlined work authorization pathway for Canadian and Mexican professionals in 63 enumerated occupations. Unlike H-1B, there is no annual cap, no lottery, no LCA filing, and no USCIS petition required — for Canadians, the entire application happens at a US port of entry on the day of travel, with a decision typically issued in hours.

The 63 qualifying professions are listed in Appendix II to USMCA Annex 1603 — ranging from accountants and engineers to scientists, lawyers, and management consultants. Each profession has specific credential requirements (degree, license, or experience) that must be met exactly. A bona fide employer offer is required; a formal USCIS petition is not. The employer letter is the foundation of the TN package.

One important distinction from H-1B and E-3: TN does not recognize dual intent. TN is a nonimmigrant status only, and actively pursuing permanent residence — particularly filing an I-130 or I-140 — can create a presumption of immigrant intent that jeopardizes TN renewal or re-entry. We work with clients on structuring green card strategies that are compatible with maintaining TN status through the transition.

Requirements

The four qualifying requirements.

Every TN case must satisfy all four requirements. Profession classification and credential matching are the most commonly scrutinized elements — the USMCA list is specific and non-negotiable.

01

Canadian or Mexican citizenship

The applicant must be a citizen of Canada or Mexico — not merely a permanent resident. USMCA benefits do not extend to third-country nationals residing in Canada or Mexico, regardless of their immigration status there.

02

Qualifying USMCA profession

The role must correspond to one of the 63 professions in Appendix II to USMCA Annex 1603. The position title and actual duties must align with the listed profession. A profession not on the list does not qualify for TN, regardless of education level or specialization.

03

Credentials per profession

Each listed profession specifies its own credential requirements — some require a bachelor's degree in the discipline, others require professional licensure, others accept equivalent combinations of education and experience. The applicant must satisfy the specific requirement for the profession, not merely hold a bachelor's degree in general.

04

Employer offer in qualifying profession

A bona fide employer must extend a written offer for a position in the qualifying profession at or above the prevailing wage. The employer letter is presented at the POE or consulate and must address the position's duties, credentials required, and duration. No I-129 petition is filed; the letter is the primary filing instrument.

Application by nationality

Two tracks — same result.

Canadian and Mexican TN applicants follow different procedural paths, but both result in the same TN nonimmigrant status in 3-year increments. The Canadian path is uniquely streamlined: no advance filing, no waiting period, no consulate appointment — the entire application is handled at the border on the day of travel.

Canadian

Port of entry application

Canadian citizens apply directly at any US port of entry — airport pre-clearance, land border, or sea port. No advance filing with USCIS is required. The applicant presents the employer letter, credentials, and supporting documentation to a CBP officer. A decision — and I-94 if approved — is typically issued within hours.

Canadian

What to bring to the POE

Canadian passport, employer offer letter (on company letterhead, signed, specifying position, duties, credentials required, and duration), credential documentation matching the profession's specific USMCA requirement (degree transcripts, professional license, or experience letters), and evidence of any required professional license or registration where applicable.

Mexican

US consulate application

Mexican citizens must apply at a US embassy or consulate in Mexico. The application requires a DS-160 nonimmigrant visa application and a consular interview. A TN visa stamp is issued following approval, which is then presented at the US port of entry to receive the I-94 on arrival. Consular appointment wait times vary by location and season.

Mexican

Visa stamp and entry

The TN visa stamp in a Mexican applicant's passport is valid for multiple entries for up to 3 years. Each entry to the US generates a new I-94, also for up to 3 years. The visa stamp and I-94 are separate documents: the visa stamp authorizes travel to the US; the I-94 governs the authorized period of stay inside the US.

Pricing

Fixed fees, two tiers.

Every matter is quoted as a flat attorney fee, agreed before any work begins. Government filing fees are separate and depend on the application path your case requires.

Standard
$3,500
Attorney fees only
Profession and credential analysis
Employer letter preparation
POE documentation package or consular DS-160
Filing management
Premium
$5,000
Includes RFE response + re-file protection
Everything in Standard
Priority case management
One RFE response included
One re-file if petition is denied

Government filing fees are separate from attorney fees and non-refundable. Canadian applicants typically pay no advance government filing fee — CBP adjudicates TN at the port of entry. Mexican applicants pay the $205 MRV consular fee. For USCIS change of status or extension via I-129, the base filing fee is $460 with optional premium processing at additional cost. RFE responses for Standard clients are quoted in writing before work begins and are capped at $3,500. The controlling fee is the amount in your retainer agreement.

What to expect

Timeline from evaluation to entry.

The Canadian TN path is among the fastest work authorization processes available — once documentation is in order, a Canadian professional can receive TN status on the same day they travel to the US. The Mexican consular path adds a waiting period for a visa appointment and interview.

1

Profession and credential assessment

We confirm the position maps to a qualifying USMCA profession, verify that the applicant's credentials meet the specific requirement for that profession, and identify any credential gaps — particularly for professions requiring state licensure or equivalent experience combinations.

1–2 business days
2

Employer letter and documentation package

We draft the employer offer letter, ensuring it covers all elements CBP or the consulate will examine: position title, duties, the USMCA profession being claimed, credential requirements, wages, and duration. We also compile the credential exhibits — transcripts, licenses, and experience letters — into a clean presentation package.

1–2 weeks
3

POE travel (Canadian) or consular appointment (Mexican)

Canadian applicants travel to a US POE with the complete documentation package; CBP issues the I-94 same day if approved. Mexican applicants attend a consulate interview with the employer letter and supporting materials; TN visa stamp issued following approval, typically within a few days of the interview.

Same day (Canadian POE) · 2–8 weeks (Mexican consulate)
4

Entry and I-94 issuance

Canadians receive the I-94 directly at the POE; the I-94 is the controlling document establishing authorized stay. Mexican applicants present their TN visa stamp at a US POE on first entry; a new I-94 is issued for each entry. Both documents are accessible electronically at cbp.gov/i94.

Same day as entry
5

Status maintenance and renewal

TN is renewed by re-applying at the POE or consulate with a new employer letter, or by filing an I-129 extension with USCIS while remaining in the US. There is no limit on renewals. We advise on green card strategy in parallel, given TN's dual intent constraints.

Ongoing — renewable every 3 years
FAQ

Common questions.

TN is available only for professions listed in Appendix II to USMCA Annex 1603 — a specific list of 63 occupations, not an open-ended specialty occupation standard. Common qualifying professions include: accountant, engineer (all disciplines), computer systems analyst, lawyer, scientist (biologist, chemist, physicist), graphic designer, management consultant, pharmacist, psychologist, registered nurse, and urban planner. Each profession has specific credential requirements — some require a bachelor's degree, others a license, others a combination of education and experience. A profession not on the list does not qualify, regardless of education level.
TN and H-1B both cover employer-sponsored specialty occupation professionals, but differ significantly in mechanics and constraints. TN has no annual cap and no lottery — applications can be filed year-round. TN requires no LCA filing and, for Canadians, no USCIS petition — the application happens at the port of entry. TN is limited to 63 USMCA-enumerated professions, while H-1B applies to any specialty occupation. TN does not recognize dual intent — actively pursuing permanent residence can jeopardize TN status at renewal or re-entry; H-1B's recognized dual intent makes concurrent green card processing straightforward. For USMCA citizens in a qualifying profession, TN is typically faster and significantly less expensive than H-1B.
TN is explicitly a nonimmigrant status and does not recognize dual intent. Evidence of immigrant intent — filing an I-130, I-140, or appearing as a PERM beneficiary — can cause a TN denial at renewal or re-entry. TN holders who want to pursue a green card should plan carefully: EB-1A and EB-2 NIW self-petitions, which do not require employer sponsorship, are generally more compatible with TN maintenance than employer-sponsored petitions because they generate less employer-originated immigrant intent documentation. We routinely advise TN holders on structuring green card strategy to minimize TN disruption.
Spouses and unmarried children under 21 of TN holders are admitted as TD dependents. Unlike E-3D spouses, TD dependents do not receive automatic work authorization — they must file a separate Employment Authorization Document (EAD) application with USCIS. TD status grants the right to remain in the US alongside the TN principal, attend school, and apply for work authorization, but work is not permitted until the EAD is approved. EAD processing currently takes several months; planning ahead for a spouse who intends to work is advisable.
CBP officers at the port of entry have sole authority over TN admission. A denial typically results in the applicant being returned to Canada or Mexico without formal removal proceedings in most cases. Common grounds for denial include: the profession does not match the enumerated list, credentials do not meet the profession-specific requirements, or the employer letter is deficient. A denial does not bar a future TN application — the applicant can reapply at any POE with a corrected package. A thorough pre-travel documentation review significantly reduces denial risk.
TN status is granted in 3-year increments and is renewable indefinitely. Two renewal paths: (1) travel outside the US and re-apply at a POE (Canadians) or US consulate (Mexicans) with a new employer letter — typically the fastest option; (2) file an I-129 extension with USCIS while remaining in the US — this takes 3–5 months on regular processing or 15 business days on premium processing. There is no limit on TN renewals as long as qualifying employment continues and the applicant maintains nonimmigrant intent.