TN Visa (USMCA Treaty)

Established under the North American Free Trade Agreement (NAFTA) and preserved under the United States-Mexico-Canada-Agreement (USMCA), the TN visa allows Canadian and Mexican Citizens to work for an American employer and live in the United States. Advantages of the TN visa over the H1-B visa include: no annual cap, no prevailing wage, no internal posting requirement, no certified labour requirement, and no six-year limit.

Am I eligible for a TN Visa?

  • Citizen of Canada or Mexico

  • Sponsored by a U.S. employer

  • Coming into the U.S. to work in one of the designated USMCA occupations (accountants, engineers, lawyers, pharmacists, scientists, and teachers).

  • Possess the minimum educational or licensure requirements listed under USMCA (USMCA Professional List)

  • Show nonimmigrant intent (no direct pathway to permanent residency)

Canadian Citizens:

  • NOT required to apply for a TN visa at a U.S. consulate

  • You may establish eligibility at the time you seek admission to the U.S. by presenting required documents (see below) to a CBP officer at certain designated ports of entry

    • Proof of Canadian citizenship

    • Letter from prospective employer outlining your professional capacity in which you will work in the U.S., the purpose of your employment, and your educational qualifications

  • Canadian citizens can obtain their TN visa at any United States port of entry including land borders.

Mexican Citizens:

  • Required to obtain a visa to enter the U.S.

  • Should apply for a visa directly at a U.S. consulate or embassy in Mexico

  • Once approved, you may apply for admission at certain CBP-designated U.S. ports of entry.

Harrison Gandhi

Immigration Attorney. Born in India, raised in Canada, Living in the United States

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