TN Classification
Based on the US-Mexico-Canada Agreement (USMCA)—which replaced the North American Free Trade Agreement (NAFTA), while retaining substantive immigration-related NAFTA elements—Canadian or Mexican citizens can seek to temporarily enter the US as a “TN professional” to engage in professional-level business activities, including training functions related to the respective profession (such as conducting seminars).
The conditions to be eligible to work in the US as a TN professional generally include: (1) TN applicant holds Canadian or Mexican citizenship; (2) TN applicant will work in a prearranged job for a US employer or entity, full-time or part-time—no self-employment; (3) US position is within a NAFTA/USMCA profession; (4) US position requires a NAFTA/USMCA professional; and (5) TN applicant meets the applicable professional qualification requirements.
Canadian or Mexican Citizenship
To be eligible for the TN classification, the foreign national must have Canadian or Mexican citizenship (the latter includes certain Mexican nationals). Mexican citizens must hold a valid Mexican passport. Canadian citizens are not strictly required to prove citizenship based on a valid Canadian passport, and other proof of citizenship may be accepted. Individuals who do not satisfy the citizenship requirement, such as permanent or temporary residents of Canada or Mexico, are not eligible for the TN classification.
Prearranged Job of US Employer or Entity
To be eligible for the TN classification, the Canadian or Mexican citizen must be seeking admission to the US in TN status to provide prearranged professional services to a US employer or entity, which can be of any legal form constituted or organized under applicable law. The prearranged professional services must be pursuant to an in-place formal arrangement, such as an employee-employer relationship or a signed contract—between the TN applicant and the US employer (i.e. employment offer/agreement); or between the TN applicant’s employer and a US entity (i.e. service contract).
The prospective TN applicant must be seeking US admission to provide prearranged professional services to the US entity that is substantively separate from the applicant. In substance, TN professional self-employment in the US is not permitted, such as a Canadian or Mexican professional seeking TN status to establish a US business or practice; or to render services to an enterprise controlled or solely owned by the individual.
To gauge whether the prospective TN applicant could be determined as self-employed, relevant factors may be considered, such as whether (non-exhaustive): the prospective TN applicant established the US enterprise to facilitate US self-employment as indicated by evidence; the prospective TN applicant has substantial control over the target enterprise that the individual will work for in the US; and if the US enterprise is a separate legal entity from the prospective TN applicant.
In contrast, where there is a prearranged agreement with an enterprise owned by a different person or US-located entity, in accordance with such agreement, a self-employed TN applicant (i.e. employed by the TN applicant’s Canadian company, which is contracted with the US entity) may be able to seek TN status in the US (such as management consultants who are typically under contract to U.S. entities as independent contractors or consulting firm employees). Rendering prearranged services for a solely owned or de facto controlled US enterprise of the TN applicant would not be permitted though.
NAFTA/USMCA Professions and Minimum Requirements
The TN professional can enter the US to engage in a business activity at a professional level in a designated profession. The business activities to be undertaken must require at least a baccalaureate degree, or other appropriate alternative credentials, supporting professional status.
A State License, Provincial License, and Federal License each refer to a license of the corresponding level of government, or under such authority, that permits a person to engage in the regulated activity or profession. A local government license is not included.
A “Post-Secondary Diploma” refers to a Canada or US accredited academic institution issued credential, upon completion of two or more years of post-secondary education.
A “Post-Secondary Certificate” refers to an issued certificate of the Mexico federal or state government, an academic institution recognized by either of such authorities, or created by federal or state law.
TN Position
The TN Position, based on the professional activities, job duties, and minimum requirements, must align with the broader TN professional occupation classification, and support the professional-level status. Pay arrangements for the services to be performed must be detailed in the TN petition, and appropriate for a professional-level, although there is not a prevailing wage requirement. The remuneration can be paid by the US employer (or a foreign entity). The employment can be full-time or part-time.
Most TN professions require a Baccalaureate Degree or Licenciatura Degree. A three-year degree is generally acceptable. The degree should be in the field, or a closely related field, of the TN occupation. The Hotel Manager occupation, however, specifically requires a degree in the Hotel/Restaurant Management field.
The degree should be issued by an educational institution in Canada, Mexico, or the US. For a foreign degree issued by an educational institution in a different jurisdiction, however, a formal education evaluation of such degree by a reliable credential evaluation service would be required. A combination evaluation of education and experience cannot be substituted for a degree requirement.
When relying on work experience, such as in alternative or in addition to a degree requirement, such work experience should be documented by official employment verification letter(s) issued by the prior employer(s).
To practice a licensed profession, the prospective TN applicant must satisfy the applicable license requirements of the US state where the individual intends to practice; the US state may require professional licensure for certain activities, but not all activities engaged by the profession—so careful review of detailed job duties and US state license requirements are essential for a prospective TN application.
TN-1 Qualifications and Process - Canadian Professional
Besides holding Canadian citizenship, the Canadian TN applicant must satisfy the minimum requirements for the position (education, license, and/or experience), in alignment with the corresponding professional occupation.
Under the USMCA, Canadians outside of the US are not typically required to obtain a TN visa at a US Embassy/Consulate prior to seeking US admission in TN status. Further, Canadians may present the actual TN application to US Customs and Border Protection (CBP) directly when seeking US admission in TN status at a US Port of Entry (i.e. the US-Canada land border or US Pre-clearance inspection stations at airports in Canada). Where approved, the Canadian TN professional will be admitted to the US in TN status, and an electronic TN I-94 is then issued by US CBP.
If it seems the TN application will be denied by CBP at the US Port of Entry, the Canadian TN applicant may be able to withdraw the TN application. Depending on the reasons for the intended or actual denial, the individual may still be able to reapply for TN status in the future, although a different strategy may be needed or a waiver if there is an inadmissibility issue.
If the Canadian citizen is already in the US in a valid nonimmigrant status and cannot travel, a TN petition can be prepared and filed with US Citizenship and Immigration Services (USCIS) in the US (i.e. change of status, change of employer, extension). The regular processing time of a TN petition is around 6 months, although the processing time is subject to fluctuate. For an additional fee ($2,805), premium processing is available for TN petitions, which may allow a decision on the TN petition within 15 business days. Where the TN petition is approved (regular or premium processing), USCIS will issue a TN approval notice that has the beneficiary’s new paper TN I-94 attached to it.
If USCIS requires more information to adjudicate the TN petition, or intends to deny the petition based on the information/documentation already provided, USCIS may issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). A formal response must be timely provided to USCIS in respect of the RFE or NOID. If USCIS ultimately denies the TN petition, it may be possible to file a motion to reopen and/or reconsider the TN petition denial decision, although the denial decision may not be appealed.
TN petitions filed with USCIS require more processing time and higher filing fees; in contrast, TN application processing at a US Port of Entry can be accomplished at the time of seeking admission to the US in TN status. A TN application at a US Port of Entry is $56, whereas a TN petition filed with USCIS will at a minimum cost $510.
To change employers, the new prospective employer of the Canadian TN professional must either file a TN petition with USCIS on behalf of the Canadian TN professional (in the US); or the Canadian TN professional must leave the US, and seek new admission to the US with a new TN application package sponsored by the new prospective employer. As detailed above, the Canadian TN professional is not required to have a US visa when seeking US admission in TN status at the US Port of Entry.
TN-2 Qualifications and Process - Mexican Professional
Besides holding Mexican citizenship, the Mexican TN applicant must satisfy the minimum requirements for the position (education, license, and/or experience), in alignment with the corresponding professional occupation.
In contrast to Canadian citizens, Mexican citizens outside of the US are required to obtain a TN visa at a US Embassy/Consulate prior to seeking US admission in TN status. The TN visa application processing fee is $185. Mexican citizens may present the actual TN visa application to the US Embassy/Consulate directly. Where approved, the Mexican TN professional may then use the valid TN visa to seek US admission at a US Ports of Entry. Upon being admitted to the US in TN status, an electronic TN I-94 will be issued by US CBP.
If the Mexican citizen’s TN visa application is refused/denied at the US Embassy/Consulate, depending on the reasons for the actual refusal/denial, the Mexican citizen may still be able to reapply for a TN visa in the future, although a different strategy may be needed or a waiver if there is an inadmissibility issue.
If the Mexican citizen is already in the US in a valid nonimmigrant status and cannot travel, a TN petition can be prepared and filed with US Citizenship and Immigration Services (USCIS) in the US (i.e. change of status, change of employer, extension). The regular processing time of a TN petition is around 6 months, although the processing time is subject to fluctuate. For an additional fee ($2,805), premium processing is available for TN petitions, which may allow a decision on the TN petition within 15 business days. Where the TN petition is approved (regular or premium processing), USCIS will issue a TN approval notice that has the beneficiary’s new paper TN I-94 attached to it.
If USCIS requires more information to adjudicate the TN petition, or intends to deny the petition based on the information/documentation already provided, USCIS may issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). A formal response must be timely provided to USCIS in respect of the RFE or NOID. If USCIS ultimately denies the TN petition, it may be possible to file a motion to reopen and/or reconsider the TN petition denial decision, although the denial decision may not be appealed.
To change employers, the new prospective employer of the Mexican TN professional must either file a TN petition with USCIS on behalf of the Mexican TN professional (in the US); or the Mexican TN professional must leave the US, and seek new admission to the US with a valid TN visa and the TN application package sponsored by the new prospective employer. A TN visa is not employer specific; the TN visa remains valid until expired or revoked. In contrast, a USCIS TN approval notice or TN I-94 are employer-specific.
TN Duration
The TN professional may be approved for a temporary period of TN status for up to 3 years. TN extensions of status in the US are possible, with an extended validity period of up to 3 years. Although the TN visa issued to a Mexican TN professional may only be valid for up to 1 year, the Mexican TN professional should still be admitted to the US for up to a 3 year validity period of TN status. Although TN status is only for a temporary period, there is no maximum limit on the amount of TN status that a Canadian or Mexican citizen may be approved for. Based on a timely filed TN extension petition with USCIS, the TN beneficiary’s work authorization in the US will be automatically extended for up to 240-days after the prior TN expiry date, while the TN extension petition remains pending (although the beneficiary should not travel while the TN petition is pending).
TN Amendment
Although TN professionals may continue to be admitted to the US in TN status without a new TN application for the duration of their TN I-94, as long as the original intended professional activities and employer(s) remain unchanged, if there will be a material change to the TN beneficiary’s terms and conditions of employment or TN eligibility, the beneficiary’s TN status will need an amendment. The amendment can be made pursuant to a TN amendment petition filing with USCIS; or by new TN application at the US Port of Entry (Canadian TN professionals), or at the US Embassy/Consulate (Mexican TN professionals).
TD Dependents
The TN professional’s spouse, and unmarried children under the age of 21, may be eligible for TD dependent status/visas, in connection with the TN professional’s status. The dependents are not required to have Canadian or Mexican citizenship, although non-Canadian dependents outside of the US will be required to obtain TD visas from a US Embassy/Consulate prior to seeking admission to the US in TD status. The TD dependents are not eligible for work authorization in connection with TD status.
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