TN status is limited to citizens of Canada and Mexico [1]. Permanent residents of Canada, for example, do not qualify [4]. However, citizens of Canada and Mexico admitted in TN status can bring along their dependents regardless of said dependents' nationalities [5].
A TN worker must be coming to the US as a "professional" in one of the professions listed in Appendix 1603.D.1 of NAFTA [2] and must meet the minimum credential requirement set out therein. This list of qualifying professions and minimum credentials is reproduced in the federal regulations [3]. Self-employment is not permitted [4][7].
Many of the professions that qualify for TN status require a bachelor's degree or similar credential. There is no specific requirement regarding how closely related the major area of study for the degree must be to the profession the alien intends to engage in, either in the NAFTA text [2], or in the federal regulations [3], although the State Department does seem to take the view that there must be "significant overlap" [9]. A common example is that individuals with a bachelor's degree in Mathematics or Physics often receive TN status to engage in software engineering. However, when the degree appears unrelated to the profession, there is a significant probability of being denied admission at the port of entry, or being issued a Request for Evidence (RFE) by USCIS.
As such decisions made by CBP officers are unpredictable to a certain extent, it is normally recommended that if a US employer seeks to employ someone in TN status who has an unrelated degree, the employer should file an I-129 petition with USCIS (see below) rather than having the question of the prospective employee's entitlement to TN status determined at the port of entry. This often results in an RFE, but this can often be overcome. The legal justification for the RFE is that federal regulations require that the TN nonimmigrant must demonstrate "status as a professional" [6] which can be viewed as implicit within NAFTA, as an unqualified person cannot "engage in business activities at a professional level". While a bachelor's degree in a related field may meet both the explicit requirement of a degree and the additional requirement of status as a professional, a degree in an unrelated field may only satisfy the first criterion. Therefore, overcoming the RFE requires additional evidence that the alien has the status of a professional in the classification sought. See [8] for more detail.
There are at least two significant advantages.
In this day and age, the biggest advantage is that there is no limit on the number of people who can enter the US in TN status every year. Therefore, unlike H-1B status, TN status can be obtained at any time of year, without having to wait for a visa to become available and without having to win a lottery. Although NAFTA allowed the United States to impose an annual limitation on the number of new Mexican TN professionals per year, which was initially set to 5500, this provision was scheduled to sunset within 10 years [10] Therefore, effective Jan 1, 2004, the annual limitation was repealed, so neither Canadian nor Mexican TN professionals are subject to an annual limit [11].
The second most important advantage is that the requirements for an employer to sponsor an individual for TN status are considerably less onerous than the corresponding requirements for H-1B status. In most cases, the employer merely needs to provide a letter stating that it wishes to employ the alien as a TN nonimmigrant professional, stating the profession the alien will engage in, a job description, the alien's qualifications, and the salary offered [12]. There is no requirement for the employer to file a labor condition application with the Department of Labor or to otherwise apply for or receive approval prior to the alien seeking a visa or status at the port of entry, as NAFTA forbade the imposition of labor certification requirements [14] and the ratification of NAFTA therefore carved out a statutory exception to the usual labor certification requirement of US immigration law [13].
Both of these factors make it easier for an employer to sponsor an employee for TN status than for H-1B status: the employer can fill the position immediately instead of having to deal with having to wait an uncertain number of years for the prospective employee to win the H-1B lottery, and the employer usually can provide a simple letter drafted by management and human resources instead of involving a lawyer to make a labor condition application and file an I-129 petition with USCIS. Thus, some employers that have decided not to sponsor H-1Bs may still sponsor TNs, or may be persuaded to do so.
Canadians are visa-exempt [16][17], whereas Mexicans are required to obtain visas prior to arrival in the United States [15]. Thus, Canadians will usually apply for TN status directly at the port of entry, whereas Mexicans will have to appear at a consular post. Both Canadians and Mexicans must present the same documentation, namely a letter from the prospective employer that states [12][18]:
- The profession the applicant is coming to the United States to engage in, which must be one of the professions listed in NAFTA [2];
- A detailed job description;
- The anticipated length of stay (typically 3 years, as this is the maximum period of admission in TN status);
- The applicant's qualifications, which must be at least those required by NAFTA [2] such as a degree or professional license, and supported by documentation such as a university diploma;
- The salary that the applicant will be paid.
Of course, the applicant must establish Canadian or Mexican citizenship. For Mexican citizens, a Mexican passport is therefore required. For Canadian citizens, a Canadian passport is sufficient, although a NEXUS card is also accepted.
A Mexican TN visa applicant must pay the visa application fee indicated by the consular post. A Canadian citizen applying for TN status at the border must pay a fee to CBP [19]. This fee can be found at [20] and is, at the time of writing, $50. When arriving at a land border, an additional fee for I-94 issuance applies [21] which, at the time of writing, is $6.
Although Canadians usually do not need visas, they are entitled to apply for visas and be considered in the same manner as Mexican applicants. The Foreign Affairs Manual explains that this can sometimes be necessary when the Canadian citizen will be travelling with non-Canadian family members [22].
An alternative procedure for a Canadian citizen to be admitted as a TN nonimmigrant is to have the prospective employer file a petition with USCIS on Form I-129. The documentary evidence required will be the same, but the adjudication will be done by USCIS, and the approved petition can then be used to apply for admission at a port of entry [23][24]. The fee for this is much greater, particularly if Premium Processing is requested in order to obtain a decision within 15 days. Due to the greater fees and processing time, this method is typically only used if there is a significant risk that the applicant may not be approved for TN status if the decision is being made by the CBP officer.
Thus, there are a total of three methods:
- Canadian citizens may apply directly at the port of entry.
- Canadian citizens may bring the approval notice for Form I-129 filed by their prospective employer to the port of entry.
- Canadian and Mexican citizens may apply for a TN visa at a consular post, and present the visa at the port of entry.
A TN nonimmigrant who is the United States and who wishes to switch to a different employer, or to add a new employer they will work for concurrently, can do so without having to leave the United States, if the new employer agrees to file Form I-129 [24][25] with the same supporting documentation that would be required for an initial admission. Form I-129 must be filed by the employer, not the employee [24][25]. Typically, the new employer will request a 3 year period of admission and will check the Extend the status
box on Form I-129. However, even if the new employer does not want to request any additional time beyond the current expiration date of the TN nonimmigrant's status, the Extend the status
box must still be used. (Extend the status
and Change status
are the only two applicable options. Changing or adding employers while remaining in the same status is not a change of status.) In other words, any petition for change of employment in TN status, for a noncitizen who is already in TN status, is always considered to be an extension application. This reflects the fact that prior to the approval of such petition, the TN nonimmigrant has no status allowing them to work for the new employer. Any grant of such authorization by USCIS is, effectively, extending
the benefits of their current status.
The general rules that are applicable to extensions of stay will therefore also apply to any request to change or add employment for a TN nonimmigrant. In particular, the TN nonimmigrant must be maintaining status at the time of filing in order to be eligible for an extension of stay [52]. USCIS requires Form I-129 to be filed with evidence that the beneficiary is maintaining status at the time of filing. Because a TN nonimmigrant must remain employed in order to maintain status (other than during a grace period, discussed below), USCIS requires the submission of copies of the two most recent pay stubs issued to the TN nonimmigrant [24].
TN status does not have a portability
provision like H-1B status does, so employment with the new employer may not begin until the Form I-129 is approved [25].
When USCIS approves an application to extend stay on Form I-129, USCIS will issue a Form I-797A approval notice, which contains a new I-94 [54]. Following such an approval, a TN worker may begin the new employment requested. If the TN worker then wishes to travel outside the US and then return to the US to resume work, they are eligible to be readmitted by presenting their most recent I-94 [53]. (Mexican citizens must also present a valid unexpired TN visa, unless automatic revalidation applies.) The federal regulations do not require the approval notice for the I-129 to be presented in order to resume a previously granted I-94 in TN status. However, since some CBP officers may be unfamiliar with this area of the regulations [55], a TN nonimmigrant might still wish to carry a copy of their most recent I-797 (if any) every time they travel outside the US.
There are several reasons why a TN nonimmigrant, and their prospective new employer, might not wish to use the I-129 process. One is that filing an I-129 is typically expensive for employers, as most human resources departments do not have the expertise to fill out USCIS forms, and must hire a lawyer to deal with the paperwork. Another is that the processing times for I-129s can be long (and there is a hefty fee to request premium processing). A third reason is that the TN nonimmigrant might have already failed to maintain status, in which case they are not eligible for an extension of stay [52]. In lieu of the TN process, the employee can depart the United States and apply for a new period of admission in TN status with the new employer (or for admission in TN status with authorization to work for both the old and new employer concurrently) [26].
The port of entry process for changing employers (or adding a concurrent employer) is typically quick for Canadian citizens. After leaving the United States, they simply have to appear at a port of entry with the same documentation that would be required for a first-time TN application (see above). Mexican citizens, however, are visa-required and must have a valid visa in order to seek admission at a port of entry. Thus, a Mexican citizen seeking to use the port of entry process to change employers or to add a concurrent employer is subject to an additional requirement: they must ensure that their visa is still valid at the time of re-entry, or must obtain a new TN visa prior to travelling to the port of entry [26][27][29][30][31].
A Mexican citizen can also apply for a TN change of employer, or the addition of a concurrent employer, at a consular post (presumably, this option is also open to Canadian citizens, though rarely used). The State Department rules apparently state that an approved request for new employment that is made at a consular post will be added as an annotation on the TN visa [28], although this option doesn't seem very useful in practice because the reciprocity schedule limits the validity of a TN visa for a Mexican citizen to 12 months [50]. Typically, a Mexican citizen will obtain a new TN visa stamp indicating the new employer (possibly in addition to the old employer, in the case of intended concurrent employment).
A change of employer does not invalidate a TN visa that is still valid; therefore, a Mexican citizen who has changed TN employers, and who wishes to travel and return to the US, can use their old TN visa as long as it is still valid [30][31].
Yes. The grace period for TN workers is available subject to the general rules discussed in the general FAQ. In particular, TN is one of the classifications listed in the regulations as being eligible for the grace period of up to 60 days per authorized validity period.
During the grace period, it is possible to ask a new employer to file a TN petition so you can start a new job without leaving the US. However, you can't work until the petition is approved. Canadian TN nonimmigrants may therefore find it easier to simply leave the US and apply for TN status with the new employer at the port of entry with CBP. Mexican TN nonimmigrants likewise may do so if their visa is still valid (see above) or if the Mexican citizen qualifies for automatic revalidation during this trip (which will usually be the case if the Mexican citizen has made a short visit solely to Mexico).
A TN nonimmigrant may be admitted for up to three years [19] and may travel out of the US and seek re-admission within that three-year period [32]. A new three-year period may be requested either by filing Form I-129, or by presenting the same documentation at the port of entry as would be required for an initial admission [33]; of course, in the case of a Mexican citizen, if their visa has expired, a new visa must be obtained as well.
Each time a TN nonimmigrant files to extend their stay in the US or applies for a new period of TN status at the border, they can be granted up to 3 years. There is no particular limit on the total number of times that such renewals may be made.
The length of time for which the applicant has already lived in the US is a factor that may be considered by CBP in determining whether the applicant still has the requisite intent to render professional services in the United States for a temporary period [34][35][36]. The Foreign Affairs Manual states that TN applicants are required to "demonstrate ... their maintenance of a residence abroad" but this requirement is not consistently enforced, and may be an error, as the requirement to maintain a residence abroad is not found in the Immigration and Nationality Act [38], and elsewhere in the FAM, it is stated that it does not apply to TN applicants [37].
Although lawyers will generally advise that extended periods of stay in TN status may eventually result in a denial, there does not appear to be any specific guidance regarding how long is too long. Some TN nonimmigrants have managed to renew their status basically indefinitely [51]. However, denial can always occur if the applicant gives CBP a reason to issue a denial. Applicants are often unaware or caught off-guard and end up admitting to CBP officers in some way that their intent is non-temporary. It is therefore recommended that applicants for TN status should, upon each instance of seeking entry (including the very first one) be prepared to be questioned about their intent. Noncitizens seeking admission to the United States should not lie to immigration officers, and should therefore be prepared to present the following truthful narrative in order to avoid being denied admission:
- That their employer has requested their services for the period of time indicated;
- That they do not currently have any specific plans regarding their future activities beyond the end of the period of time indicated;
- That they currently intend to return to Canada or Mexico upon completion of their assignment.
If you eventually change your mind after admission and decide to apply for a green card, it's legal to do so. This issue will be discussed more below.
The main reason for TN workers to attempt to switch to H-1B status is so that they can have their employer sponsor them for a green card. This step is not strictly necessary; applying for a green card while still in TN status is possible. However, switching to H-1B first avoids many risks. See below for a description.
The easiest way to switch from TN to H-1B is to stay at the same employer and have them submit an H-1B petition for you every year in April until you win the lottery (which will usually take multiple tries). If you end up not winning the lottery, it won't affect your TN status and your current employment.
TD nonimmigrants are permitted to study [48]. They are generally not permitted to work [47][48].
However, if your spouse is also Canadian or Mexican, then they might be able to qualify for TN status in their own right. If they are in one of the NAFTA professions and they find a willing employer, they could switch from TD to TN status either by leaving and re-entering the US with the appropriate documentation and asking to be admitted in TN status, or by having the employer file Form I-129 for them with the appropriate documentation.
If your spouse needs to work in a non-NAFTA profession, or be self-employed, often the quickest way to make that happen is to apply for a green card for yourself and your family. As long as at least one of you (you or your spouse) is not from a backlogged country, you can typically move on to filing Form I-485 within a year, at which point both of you (as well as any dependent children) can be issued an Employment Authorization Document (EAD) while you wait to receive your green cards.
If both you and your spouse are from backlogged countries, consider L-1 status as an alternative to TN status. Your spouse could then have L-2 dependent status, making them eligible for an EAD.
If you and your spouse are already in the US, you're not willing to leave the country for 1 year in order to qualify for L-1 status, and you are both from backlogged countries so you will not be receiving your green cards soon, your spouse might still be able to get employment authorization if you switch to H-1B status (and your spouse switchs to H-4 dependent status). H-4 spouses can get an EAD if the H-1B principal has an approved employment-based immigrant petition (I-140). However, this option may go away soon under the Trump administration. (TODO: add link to more information.)
The employment-based green card process involves Form I-140, Immigrant Petition for Alien Worker. In most cases, the Department of Labor must approve a labor certification before Form I-140 can be filed with USCIS.
The labor certification process has no effect on TN status because it is filed with the Department of Labor. Once Form I-140 is filed, regardless of whether it is pending or approved, USCIS is aware that the beneficiary may use it to immigrate in the future. Similarly, when seeking readmission at a port of entry, CBP can see that the I-140 was filed. When applying to renew a TN visa at a consulate, the nonimmigrant visa application form asks whether an immigrant petition has ever been filed on your behalf, and you are required to answer truthfully. Thus, the possibility exists that renewal of a TN visa, extension of TN status, or readmission in TN status may be denied on the basis of the I-140.
However, CBP has said on at least two occasions, in 1996 [39] and 2008 [40], that the I-140 alone is not sufficient grounds for an INA 214(b) denial. This is consistent with the State Department's guidance [34] that "An intent to immigrate in the future that is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary." (In fact, this is similar to the standard that is applied to B visa applicants [41]. Otherwise, aliens waiting in long queues for family-based immigrant visas would not be able to visit their family in the US during their wait.) Thus, the I-140 should not pose an issue as long as the TN nonimmigrant has no immediate intent to immigrate. Of course, one's intent can change later, so, contrary to popular belief, moving to the final I-485 filing stage while in TN status is not necessarily considered fraudulent. However, it is generally advised that the I-485 be filed more than 90 days after the most recent admission in TN status in order to avoid triggering a presumption that the alien misrepresented their intent at the time of admission (see e.g. [42] and [43]).
Once Form I-485 has been filed, of course, one could not seek an extension of TN status as the filing of Form I-485 indicates an unambiguous intent to remain permanently. Nor could one, after filing Form I-485, expect to be able to travel and be re-admitted in TN status. An individual in TN status with a pending I-485 must apply for and receive advance parole before leaving the US, otherwise the I-485 is considered abandoned [44]. Upon return to the US, since the alien would not be eligible for TN status, they must use their advance parole, and will be paroled, rather than admitted. Thus, filing for adjustment of status while in TN status carries the following risks:
- An applicant might have a family emergency or other circumstance requiring them to travel abroad after the I-485 filing but before advance parole is granted (which takes a few months). Such an alien would not only abandon their I-485 by leaving the United States, but would have difficulty in being re-admitted in TN status since, at the time of filing of the I-485, they had an unambiguous intent to immigrate.
- An applicant who uses advance parole to travel and return to the United States will be unlawfully present if their I-485 is subsequently denied. Such an applicant, having not been admitted, would not be eligible to file another employment-based I-485 while remaining in the United States [45][46]. Instead, they would typically be forced to depart the US and apply for an immigrant visa at a consular post in lieu of re-filing the I-485, which could disrupt their employment and family ties in the US.
- An applicant's TN status might expire while Form I-485 is pending; the subsequent denial of the I-485 would then pose issues similar to those described in item 2. However, this risk can be minimized by proper timing (i.e., so that your I-94 will still be valid for 2+ years at the time that Form I-485 is filed). In particular, for Rest of World applicants (born in neither India nor China), it's often possible to complete the entire green card process before the initial 3-year period of admission expires.
If you are interested in pursuing a green card while in TN status, be sure to discuss the risks with your lawyer. If you were born in India or China, it would also be advisable to have your employer try to switch you to H-1B status each year while you wait for your priority date to become current, since all of the risks discussed here vanish once you receive an H-1B visa (or, in the case of a Canadian citizen, have an approved Form I-129 for H-1B classification). Many immigration lawyers have traditionally recommended waiting for H-1B approval before starting the green card process. However, for natives of India, as the EB-2 and EB-3 backlogs grow longer every year, getting an I-140 approved as soon as possible, without waiting to win the H-1B lottery, may minimize the amount of time you will have to spend waiting for a immigrant visa number; and in the early years, when your priority date is far from being current, the I-140 is unlikely to cause any issues with TN status, as immigrating on the "proposed immediate trip" is not even a legal option.
The reader of this FAQ may wish to read a well-known thread which discusses the experience of pursuing a green card while in TN status. (However, while curiousGeorge suggests that applying for a TN "with a new company once you've filed an I-140" will cause problems, there does not seem to be any evidence that this is particularly problematic. Indeed, switching companies should reduce the suspicion of immigrant intent, since the new company would need to file a new I-140.)
No. The proclamation [49] (which expired at the end of March 31, 2021) only applied to H-1B, H-2B, J-1, and L-1 visas. TN status was not affected by the proclamation, although reduced capacity at consulates may have impacted Mexican citizens, who require a visa to enter in TN status. In addition, any person who was already inside the US with TN status still had the option to apply for a Change of Status to H-1B despite the proclamation.
[1] INA 214(e)(2) (8 USC §1184(e)(2))
[2] NAFTA Appendix 1603.D.1
[3] 8 CFR §214.6(c)
[4] 9 FAM 402.17-2(B)
[5] 9 FAM 402.17-10(d)
[6] 8 CFR §214.6(b)
[7] 9 FAM 402.17-5(A)(3)
[8] Does My Degree Have to Be Related to My TN Profession? by Law Offices of James D. Eiss
[9] 9 FAM 402.17-5(C)(a)(2)
[10] NAFTA Appendix 1603.D.4
[11] 69 FR 11287–11290
[12] 8 CFR §214.6(d)(3)(ii)
[13] INA 214(a)(5)(A)(i) (8 USC §1184(a)(5)(A)(i))
[14] NAFTA Annex 1603.D.2(a)
[15] 8 CFR §214.6(d)(1)
[16] Ibid, (d)(2)
[17] 8 CFR §212.1(a)(1)
[18] 9 FAM 402.17-6(c)
[19] 8 CFR §214.6(e)
[20] 8 CFR §103.7(b)(1)(ii)(K)
[21] Ibid., (b)(1)(ii)(D)
[22] 9 FAM 402.17-6(a)(2)
[23] https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals
[24] Instructions for Petition for Nonimmigrant Worker
[25] 8 CFR §214.6(i)(1)
[26] Ibid, (i)(2)
[27] 9 FAM 402.17-5(A)(7)(b)
[28] Ibid., (7)(c)
[29] Changing TN Visa Employers by The Law Office of Brian D. Zuccaro, PLLC
[30] TN Visa Change of Employer: Things You Should Know by VisaPro
[31] Can TNs Work for Multiple Concurrent Employers? by Capitol Immigration Law Group PLLC
[32] 8 CFR §214.6(g)
[33] Ibid, (h)
[34] 9 FAM 402.17-7
[35] Ibid, 12(d)
[36] CBP Inspector's Field Manual, 15.5(f)(7)(C)
[37] 9 FAM 402.2-2(C)
[38] INA 214(e) (8 USC §1184(e))
[39] I-140 Filing Not Dispositive for TN, AILA Doc. No. 96061891
[40] AILA Doc. No. 09021280
[41] 9 FAM 401.1-3(F)(2)(e)
[42] USCIS Updates Policy Manual to Address DOS 90-Day Rule for Presumption of Misrepresentation by My Attorney USA
[43] Does the 90-day rule apply to adjustment of status cases? by Boundless
[44] 8 CFR §245.2(a)(4)(ii)
[45] INA 245(c)(7) (8 USC §1255(c)(7))
[46] INA 245(k)(1) (8 USC §1255(k)(1)
[47] 8 CFR §214.6(j)(4)
[48] 9 FAM 402.17-10(a)
[49] Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak
[50] https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Mexico.html
[51] https://forums.immigration.com/threads/limits-on-tn-renewal.329843/
[52] 8 CFR §214.1(c)(4)
[53] 8 CFR §214.6(g)
[54] USCIS-AFM §30.2(d)(7)(A)
[55] An I-797 Approval Notice Is Not Always Required for Entry to U.S. Under TN Visa Status by The Law Office of Brian D. Zuccaro, PLLC