What is the TN Visa?

The TN visa (Treaty NAFTA visa) is a nonimmigrant work visa that allows Canadian and Mexican citizens to temporarily work in the U.S. in approved professional roles. It was established under NAFTA and now continues under the USMCA (United States-Mexico-Canada Agreement). Professionals such as accountants, engineers, scientists, and management consultants benefit from this visa, as it offers a streamlined application process and multiple renewals.

A key benefit of the TN visa is that it does not require formal sponsorship or a labor condition application (LCA), making it more accessible compared to the H-1B visa. This visa typically allows applicants to work for up to three years and can be renewed indefinitely, provided the applicant maintains nonimmigrant intent. TN professionals must have the qualifications listed under USMCA for their specific occupation.

What are the Types of TN Nonimmigrant Visas?

• TN-1 Visa: For Canadian citizens applying for professional roles in the U.S.
• TN-2 Visa: For Mexican citizens pursuing similar professional roles.

TN Visa Eligibility

To be eligible for a TN visa, applicants must meet specific criteria:

• Citizenship: Only citizens of Canada or Mexico are eligible.
• Job Offer: Applicants must have a job offer in an approved profession listed under USMCA.
• Qualifications: Possess the appropriate degrees or certifications for the role.
• Temporary Work Intent: Must demonstrate that their stay in the U.S. will be temporary and not intended for permanent residence.

“We at BAIS understand the intricacies of TN visa requirements and help professionals secure their work authorization efficiently.”

The TN Visa Application Process

The process differs based on nationality:

• Canadians: Apply directly at a U.S. port of entry with the required documents, such as the employer’s offer letter and proof of qualifications. No visa stamp is needed.
• Mexicans: Must apply at a U.S. embassy or consulate and provide similar documentation. Once approved, they will receive a visa stamp for entry.

Applicants should provide:

• A detailed employment letter outlining the job description, salary, and duration.
• Academic transcripts and licenses as applicable.
• Proof of nonimmigrant intent, such as ties to home country (for example, property ownership or family).

Rights and Obligations of a TN Visa Holder

• Work Restrictions: Must work only for the employer listed in the application.
• Multiple Entries: TN holders can travel freely in and out of the U.S. during the visa’s validity.
• Nonimmigrant Intent: TN visa holders must maintain temporary status and cannot apply for permanent residency directly on the visa.

Common Reasons for Denial of a TN Visa

• Incorrect or incomplete documentation.
• Mismatch in job title or duties not listed under USMCA.
• Evidence suggesting intent to immigrate permanently.
• Lack of qualifications or failure to demonstrate that the job offer is temporary.

“BAIS specializes in TN visa consulting, ensuring your application meets USCIS standards and avoids unnecessary delays or denials.”

Bringing Dependents to the USA on a TN Visa

Dependents (spouses and children under 21) of TN visa holders can apply for a TD visa. While TD visa holders cannot work, they are allowed to study in the U.S. without additional permits.

Extending a TN Visa

TN visa holders can renew their visas in three-year increments with no set limit, provided they continue to meet eligibility requirements and maintain nonimmigrant intent. Renewals can be applied for by:

• Re-entering the U.S. at a port of entry (for Canadians).
• Filing Form I-129 with USCIS.

TN and Permanent Immigration

While the TN visa does not allow dual intent (the ability to apply for a green card while on temporary status), many professionals eventually transition by switching to another visa type, such as H-1B, before pursuing a green card.

The Process to Transfer from TN to Green Card

TN visa holders seeking to apply for a green card need to plan carefully. A typical route is switching to an H-1B visa, which permits dual intent, or pursuing employment-based green cards through their employer.

How BAIS Can Help You

At Bay Area Immigration Services (BAIS), we offer complete consulting support for every step of the TN visa process. Whether you are a management consultant or an IT professional, our experienced team ensures your documentation is accurate and meets all requirements under USMCA. We also help craft employment letters that comply with USCIS standards, minimizing the risk of application rejection.

We understand that visa renewals and dependents’ visa applications can be complex. Our experts provide personalized solutions to ensure smooth renewals and transition plans if you are considering moving from TN visa to green card. BAIS helps you stay compliant and prepares you for long-term immigration success.

“With 23 years of experience, BAIS is your trusted partner for immigration solutions.”

Conclusion

The TN visa offers an excellent opportunity for professionals from Canada and Mexico to work temporarily in the U.S. Its ease of application and renewable terms make it highly attractive to those in approved professions. However, it is crucial to adhere to the requirements of nonimmigrant intent and be mindful of eligibility criteria to avoid complications.

Bay Area Immigration Services is committed to making your immigration journey seamless and successful. From initial applications to renewals and green card transitions, our team provides comprehensive support tailored to your career goals. Whether you are looking to renew your TN visa or transition to permanent residency, BAIS is here to guide you every step of the way.