1. Citizenship: Applicant must be a citizen of Canada or Mexico.

2. TN Profession: The job must fall under the TN visa professions list as defined by the USMCA.

3. Qualifications:  The applicant must have the required qualifications for the profession, such as a degree or relevant certifications.

4. Job Offer: A U.S. employer must provide a formal job offer detailing the job title, duties, and required qualifications.

5. Intent to Work Temporarily:  The applicant must demonstrate non-immigrant intent and return to their home country upon visa expiration.

To qualify for a TN visa, your job must fall under the TN Visa Professions and Occupations List (also known as NAFTA TN professions list). This classification is specific and does not cover all types of employment. Your position in the United States must align with one of the approved professions listed.

Below is the complete list of all TN visa professions and occupations that qualify for a TN Visa under the USCMA (NAFTA):

Below is a list of TN Visa Professions in High Demand in the U.S., along with their primary drivers:

Canadian citizens benefit from a streamlined application process, as they do not require a visa stamp. Here’s how it works:

1. Apply at the Port of Entry (POE):
   • Visit a U.S. Port of Entry (land border or airport).
   • Present all required documentation, including proof of citizenship, the employer support letter, and any other necessary materials, to the Customs and Border Protection (CBP) officer.
2. Pay the Application Fee:
   • Pay the current application fee of $50 directly at the POE.
3. Receive Approval:
   • If the CBP officer approves your application, they will issue your TN status and grant you entry into the United States.

Mexican citizens must follow a different process, as they are required to obtain a visa stamp. Here are the steps:

1. Apply at a U.S. Consulate:
   • Schedule an appointment at a U.S. consulate in Mexico.
   • Submit all required documents and attend an in-person interview.
2. Visa Issuance:
   • Once approved, a TN visa will be stamped in your passport.
3. Enter the U.S.:
   • Present your visa and supporting documentation to the CBP officer at a Port of Entry for admission into the U.S.

• Initial Period:
  • The TN visa is initially granted for up to 3 years.
• Renewals:
  • The TN status can be renewed indefinitely in 3-year increments, provided the employment remains temporary and the visa requirements are continually met.

• Job Alignment:
  • Your job must correspond exactly to one of the approved TN professions listed under the agreement. It is essential to meet all the qualifications and credentials required for the role.
• No Dual Intent Allowed:
  • The TN visa is strictly for temporary work and does not permit dual intent, meaning applicants cannot simultaneously pursue permanent residency (e.g., a green card) while holding TN status.
• Temporary Intent for Renewals:
  • While the TN visa can be renewed indefinitely, applicants must consistently demonstrate that their employment in the U.S. is temporary in nature to remain eligible.

One of the most frequently asked questions is whether it’s possible to go from a TN visa to a green card. The answer is YES, although the process requires careful planning and adherence to immigration laws, as the TN visa is a non-immigrant classification and does not directly lead to a green card. Here’s a step-by-step guide to making the transition:

The transition from a TN visa to a green card typically involves either:

1. Adjustment of Status (AOS):
   • This process allows you to change from a non-immigrant visa to an immigrant visa classification (green card) while remaining in the U.S.
   • To file for an adjustment of status, you must:
     • Be lawfully present in the U.S. at the time of application.
     • Submit Form I-485 (Application to Register Permanent Residence or Adjust Status) to USCIS.
   • The AOS process eliminates the need to travel abroad.
2. Immigrant Visa Application Abroad:
   • This process requires you to apply for an immigrant visa at a U.S. Consulate abroad (usually in your home country).
   • It includes attending a visa interview at the consulate as part of the application process.

Regardless of the route you choose, you will typically need to secure immigrant classification by filing Form I-140(Immigrant Petition for Alien Worker) with USCIS.

For TN professionals, the most common path to a green card is through sponsorship by a U.S. employer based on a job offer. Here’s how it works:

1. Labor Certification:
   • Your U.S. employer must obtain a Labor Certification from the Department of Labor (DOL).
   • This certification demonstrates that the employer attempted to recruit qualified U.S. workers but was unable to fill the position with a U.S. citizen or permanent resident.
2. Filing Form I-140:
   • Once the Labor Certification is approved, your employer can file Form I-140 to sponsor you for a green card.

This process ensures that the transition complies with employment-based immigration requirements.

• Non-Immigrant Intent Requirement:
  • The TN visa requires non-immigrant intent, meaning you must intend to return to your home country once your TN status expires.
  • Filing an immigrant petition (e.g., Form I-140) may conflict with this requirement and could be viewed as evidence of immigrant intent.
  • It’s essential to manage this carefully to avoid violating TN status conditions.
• Working with an Immigration Lawyer:
  • A qualified immigration lawyer can help navigate the complexities of transitioning from TN to green card status.
  • They can ensure compliance with the non-immigrant intent requirement and address any potential issues during the process.

• Decide between Adjustment of Status (AOS) or applying for an immigrant visa abroad.
• Ensure you are lawfully present in the U.S. if pursuing AOS.
• Work with your U.S. employer to secure a Labor Certification from the Department of Labor.
• File Form I-140 to establish immigrant classification.
• If applying abroad, schedule and attend a visa interview at a U.S. consulate.

Transitioning from a TN visa to a green card can be complex, particularly due to the non-immigrant intent requirement. An immigration lawyer can:

• Help ensure your petition complies with immigration laws.
• Minimize risks of violating your TN visa status.
• Provide guidance to make the process as smooth as possible.

Making this transition requires a strategic approach, and professional legal assistance can make all the difference in achieving a successful outcom

While it’s possible to apply for a TN visa on your own, the process can be complicated, time-consuming, and emotionally challenging for everyone involved. Even minor errors can result in a denial or refusal.

Consulting with a TN Visa lawyer is highly recommended to confirm your eligibility and ensure your application is accurately prepared. Through our contracted U.S. immigration attorneys, we provide expert legal review while our consulting team offers continuous support. This combined approach gives you peace of mind and full guidance throughout your TN Visa process.

Take the first step – contact us with your questions.