TN status (or TN classification; "TN" from Trade NAFTA) is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.
A Canadian citizen or Mexican national with a job offer from a U.S. employer in certain defined professions and who meets the minimal education requirements for the relevant profession can work in the United States, for up to three years. The classification theoretically may be renewed indefinitely, although real-world complications may limit the number of times, or overall length of time, a foreign national might successfully be granted an authorized period of admission into the United States in the classification.
For Mexican nationals, being granted admission in TN classification generally requires first being issued a TN visa at a U.S. consular post. In contrast, Canadian citizens, who are generally exempt from the usual requirement of U.S. federal regulations to obtain a U.S. visa in advance of requesting admission to the U.S. (with limited exceptions), generally simply present their relevant paperwork directly to a U.S. Customs and Border Protection officer when seeking a new period of authorized admission into the United States in TN status. For both Mexican nationals and Canadian citizens already present in the United States and maintaining lawful immigration status in a classification other than TN, TN classification can also be granted through a "Change of Status" process initiated by a U.S. employer's petition for TN status on behalf of that prospective or current employee.
Canada's corresponding NAFTA work permit for U.S. citizens and Mexican nationals is sometimes unofficially also referred to as a TN status or TN visa, although this name is technically only a creation of U.S. law.
TN classification bears a similarity, in some ways, to the U.S. H-1B classification, but also has unique features. Notably, H-1B classification allows for "dual intent" to obtain Lawful Permanent Resident (LPR) status in the United States, while TN status does not. This leads to a variety of practical considerations for a TN status holder offered a transition to U.S. permanent residence by an employer or U.S. citizen or LPR spouse.
History NAFTA negotiation and ratification
The governments of Canada, Mexico, and the United States negotiated a regional free trade agreement, which came to be known as NAFTA, during the 1980s.Foreign Affairs and International trade Canada: Canada and the World: A History – 1984–1993: "Leap of Faith The leaders of the three nations signed the agreement in their respective capitals on December 17, 1992.
NAFTA included an Appendix 1603.D.1 that required each of the member-states to institute laws and regulations for the free temporary movement of certain professionals among the three member-states with special simplified immigration procedures.
United States federal law NAFTA was implemented in U.S. federal law in 1993 through the North American Free Trade Agreement Implementation Act, H.R. 3450, Pub. L. 103-182, 107 Stat. 2057.)
After approval of the measure by the U.S. House and U.S. Senate, President Bill Clinton signed the law on December 8, 1993, placing NAFTA into effect on January 1, 1994.
The measure inserted a new sub-paragraph into section 214 of the Immigration and Nationality Act, codified at United States Code, title 8, section 1184, that states:
In 2020, this wording was updated by the United States-Mexico-Canada Agreement Implementation Act to reflect the new agreement.
United States federal regulations The regulations described in the NAFTA Implementation Act were promulgated on December 30, 1993, in a regulation entitled "Temporary Entry of Business Persons Under the North American Free Trade Agreement (NAFTA)".
It amended section 214.6 of the Code of Federal Regulations, title 8, to provide procedures for "Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level".
The section states that "Pursuant to the NAFTA, an applicant seeking admission under this section shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603" and then sets forth the professions agreed upon by the NAFTA member states.
In 2022, section 214.6 was updated to reflect the transition from NAFTA to USMCA.
Description The visa category "Professionals Under the North American Free Trade Agreement" (NAFTA), also known as a TN (Treaty NAFTA) visa, is available only to citizens of Canada and Mexico, under the terms of the USMCA (previously NAFTA).
Prior to that, starting in 1989 and continuing through 1993, qualifying individuals practicing one of the professions identified in the Canada–United States Free Trade Agreement (CUSFTA) were able to obtain TC status for legal work in the United States and Canada, creating a limited amount of freedom of labor movement. In 1994, TN status became effective through the North American Free Trade Agreement (NAFTA), which superseded CUSFTA.
Qualifications A person may be eligible for TN status, if:
The prospective employee is a citizen of Canada or Mexico; The profession is one cited under the USMCA agreement; The company seeking to pursue TN status with the prospective employee meets qualifications cited under the USMCA treaty; The prospective employee has been issued a formal, written full-time or part-time offer of employment.
Initial period of stay A grant of TN status is typically valid for three years, but only for the specific employer for which it was originally requested. A desired change of employers will require a new authorized period of admission in TN status, whether through the first-time route (TN status directly at the border for Canadian citizens; a new TN visa for Mexican citizens at a U.S. consular post and admission at the border) or via Extension of Stay as part of the new prospective employer's Form I-129 petition on behalf of the prospective employee. If employment with a single employer is desired for more than three years, it may, theoretically, be renewed indefinitely.
Prior to October 16, 2008, the initial period of stay for a TN status holder was up to one year only.
Renewal Renewal is accomplished either by an Extension of Stay mail-in renewal within the United States, requested as part of the employer's Form I-129 petition on behalf of the prospective employee, or by replicating the first-time route (TN status directly at the border for Canadian citizens; a new TN visa for Mexican citizens at a U.S. consular post and admission at the border).
While TN status theoretically may be renewed indefinitely in three-year increments, it is not a permanent visa and if U.S. immigration officials suspect it is being used as a de facto green card, and with foreign residence abandoned, then they may elect to deny further renewals. The set of occupations permitted to petition for TN status is also quite a bit more limited than for the H-1B visa.
Renewal is possible, in theory, indefinitely, but the TN status is not a substitute for permanent residency (a green card), and the border official has the discretion to refuse further renewals if she feels the ability for indefinite renewal is being abused. How this happens in practice depends largely on the discretion of the individual border official. Some Canadians have successfully renewed TN status for a decade or more; others have found that after 3–4 years a border official may deny renewal.
Dependents The spouse and dependent children under the age of 21 of a TN professional may apply for TD status (TD-1 for the family members of a Canadian citizen worker, or TD-2 for those of a Mexican worker). TD status can't be granted for longer than the period of time granted to the principal TN professional holder.
TD status does not allow them to work, although they are permitted to attend school. In most states, non-resident tuition rates will apply for post-secondary institutions. If the spouse or child requesting TD status is not a Canadian citizen, he or she will usually still qualify for TD status, but must first request a formal TD visa at a U.S. consulate.
The U.S. consulates reported 3,000 to 4,000 TD visas issued in each U.S. fiscal year from 2007 to 2009; this included visas issued both to family members of Mexican TN-2 visa holders and to non-Canadian family members of Canadian TN-1 entrants.
Canadian citizens For Canadians, TN status does not involve a visa. Canadian professionals are admitted into the United States in TN-1 status at the border. Canadian citizens are not required to obtain a visa, but instead receive TN status with U.S. Customs and Border Protection (CBP) at their port of entry (most commonly it is done upon entry to the United States from Canada, but entry in TN status is permitted at any port of entry, such as an airport with United States border preclearance). The TN status will only be granted if the period of stay is temporary. There is no appeal recourse if one is refused TN status.
Canadian citizenship for TN status purposes may be by descent or grant (naturalization). Those with educational qualifications from sources outside Canada or the U.S. must prove equivalency to the U.S. requirements.
Canadians have two alternative procedures to apply for TN status. One is by going directly to a U.S. port of entry or Canadian airport with U.S. preclearance facility, and the other is by the filing of a Form I-129 petition by the employer to the designated processing office prior to their intended trip into the United States [two- six months processing time, unless you use the Premium Processing service]; Canadians already in the U.S. could do the same, without having to leave.
Directly to a port of entry Applying for this status is a fairly streamlined procedure. The Canadian, arriving at the U.S. port of entry no more than the 10 days before the job start allowed by federal regulations, must: Request TN status; Present a proof of a job offerThe job must be included in Appendix 1603.D.1 of NAFTA, which provides a list of provisions covered by the Agreement from a U.S.-based employer, in the form of an employment letter detailing a temporary employment for not more than three years; If the job offer documentation does not contain sufficient detail, present a letter addressed to the CBP by the employer asserting the bases on which the offer (and the individual's credentials, to the extent relevant) make that person eligible for TN status; Bring the original documentation and provide a copy of the applicant's college degree and employment records which establish qualification for the prospective job; Present a proof of Canadian citizenship (passport); and Pay a fee of US$50 (plus an additional $6 at a land or sea crossing; this is included in airline tickets when arriving by air).
The U.S. immigration officer will then adjudicate the application on the spot and grant or deny TN status. If the decision is to grant TN status, the Canadian enters the U.S. and begins TN employment. If the decision is to deny, the immigration officer will often detail the shortcomings in the application; if these are relatively straightforward to correct, the Canadian will often correct the problem soon thereafter and then return to the border to reapply.
Applying with the USCIS