Finding a position that you’re excited about is only more exciting when you have the opportunity to work abroad. If you’re a Mexican or Canadian citizen, the United States has trade relationships with these countries, allowing them to come over on a specific type of work visa known as the TN Visa.
Thanks to the United States-Mexico-Canada-Agreement (USMCA), previously known as NAFTA, citizens of those two countries can legally work in the US under certain occupations. If you’re thinking about pursuing work outside of Mexico or Canada, you can apply to work with foreign employers in the US.
This permit falls under the work visa category and has very specific requirements. If you think that you might qualify for this type of visa, we’ll walk you through everything you need to secure this nonimmigrant visa.
Eligibility Criteria
If you want to obtain TN Visa status as a Mexican or Canadian citizen, there are some hoops you’ll need to jump through. These types of work visas have strict eligibility criteria that Canadian and Mexican citizens have to meet even to get an interview for the visa. Requirements you’ll need to ensure you meet include:
- Job Offer: You have to have a valid job offer from a company in the US. In addition to that, the role has to align with your qualifications and be on the USMCA professions list.
- Citizenship: You have to be a Canadian or Mexican citizen. Even if you’re a permanent resident of either country, you’re not eligible for this particular work permit.
- Profession: The job you’re accepting has to be on the USMCA’s list of approved professions. The list includes a wide range of jobs in fields like law, teaching, medicine, engineering, scientific research, and more.
- Qualifications: Not only do you need a job offer and employment letter, but you have to be qualified for the position that you’re being offered. This can be anything from the right college or higher learning degree, certifications, and experience. Educational qualifications will vary from position to position.
It’s important that you remember these visas are for those working temporarily in the United States.
TN Visa Application Process for Canadian Citizens
Canadian citizens have a streamlined application process when applying for TN Visas, which Mexican citizens don’t. The application process for these citizens looks like this:
- You can apply for the visa like other visas online, but you can also apply directly at a US port of entry by land or pre-flight inspection at a Canadian airport.
- Gather all the documents you’ll need, like proof of your Canadian citizenship, evidence that you’re qualified for the job you’re working in the US, a detailed job offer letter, and supporting documentation that will prove you plan to return to Canada.
- You’ll attend your interview with US Customs and Border Protection upon arriving at your port of entry. You’ll need to be ready to answer questions about your job offer, qualifications, and more.
- The US Border Agents will review your documents and make a decision on the spot about your TN Visa.
You can always speak with an immigration attorney or consultant if you have any questions, comments, or concerns about the visa process and required documentation.
TN Visa Application Process for Mexican Citizens
Mexican citizens have a different application process than Canadian citizens. If you’re a Mexican citizen, your application process looks like this:
- You’ll need to apply for your TN Visa at the Consulate in Mexico or at a US Embassy before traveling to the US.
- You’ll gather all your required documents like your valid Mexico passport, completed DS-160 application form, receipt proving you paid the application fee, proof of your qualifications, a job offer letter, and evidence of your ties to Mexico.
- Schedule an interview at the US Embassy or Consulate.
If you’re approved, you’ll need to make sure that you send in your passport for your TN stamp.
Validity and Duration of Stay
Just like with any other visa, you need to understand the validity of TN Visas and the duration of your visa:
- Travel and Re-Entry: You can travel in and out of the United States whenever you want with this visa, but with every re-entry, you’re subject to search and verification that you’re still TN status eligible.
- Initial Period: The initial period is for up to three years.
- Renewal and Extension: You’re allowed to apply for extensions in increments of up to three years. There’s no extension limit as long as you still have the intention to return to your home country at some point.
Rights and Responsibilities
As a Canadian or Mexican citizen with this type of work visa, you have certain rights and responsibilities:
- Dependents: Your spouse and unmarried children under 21 years old can come with you to the US under Trade Dependent (TD) status. It allows them to study in the country but not work.
- Work Authorization: You are only authorized to work for the specific employer that you list on your TN Visa application.
- Change of Employer: If you want to change employers, you’ll have to file for a new visa or status. The new position still has to qualify for TN status.
Comparison with Other Work Visas
There are a lot of advantages to TN Visas, but they’re not always the best option for everyone. Knowing how this visa compares to other work visas will make sure you’re choosing the right option for you:
- H1B Visas: This one is open to professionals in specialty occupations from any country with an initial three-year period, extendable to six, has an annual cap, and allows for immigrant intent.
- L1 Visas: These visas are for intracompany transfers, are up to seven years old, have no annual cap, and allow dual intent.
- E2 Visas: This visa is for investors from countries with qualifying treaties with the United States, up to two years with unlimited extensions, has no annual cap, and doesn’t allow dual intent.
When comparing TN Visas with the above work permits, it usually offers faster application processing, lower application fees, no annual cap, and unlimited extensions as long as temporary intent is maintained. There are restrictions to the TN Visa, though:
- It’s only allowed for Canadian and Mexican citizens
- There are occupation limitations
- There’s no direct path to permanent residency
TN Visa Frequently Asked Questions
Can I apply for a TN Visa if I have dual citizenship?
You can apply for a TN Visa if you have dual citizenship in Mexico or Canada. That being said, you have to use your Canadian or Mexican passport when you apply for the TN Visa and then enter and leave the United States. Your dual citizenship shouldn’t affect your application as long as you meet all the other TN Visa requirements.
What happens if my job ends before my TN Visa expires?
If your job ends before your TN Visa expires, you’ll usually have a grace period of 60 days to either find a new qualifying TN job, change to another non-immigrant visa, or leave the United States.
Can I pursue permanent residency while on a TN Visa?
Since the TN Visa is for non-immigrants who intend to return to their home country, pursuing a green card or permanent residency can be challenging. While challenging, it’s not impossible to do with careful planning and having the right timing. You can do this by switching to a dual-intent visa, having a spouse or family member sponsor your green card, or applying at the end of your TN stay.