The TN Visa application process is considered the fastest way for Canadians and Mexicans to get the US to work visa.
How do I apply for a TN Visa?
Applying for a TN Visa
Depending on your citizenship and your situation, a new TN Visa can be obtained in one of three ways.
Canadian Citizens
If you are a Canadian citizen, then you are not required to apply for a TN Visa at a US consulate. In many cases, Canadians may even obtain TN Visa status in as fast as 15 minutes right at the US border. You may establish eligibility for TN classification either:
- In-person with US Customs and Border Protection (CBP). Qualified Canadian citizens are able to make a TN Visa application in person up to 10 days in advance of the employment start date at certain CBP-designated US ports of entry or at any qualifying pre-flight inspection point by presenting required documentation to a CBP officer at the time you seek admission to the United States.
- By mail with US Citizenship and Immigration Services (USCIS). Prospective TN employers may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129 up to 6 months in advance of the employment start date.
TN Visa Border Applications through US Customs & Border Protection (USCBP)
Though Canadian citizens can apply for a TN Visa at any US port of entry, certain US ports of entry are designated for TN Visas and highly recommended for this purpose.
- Proof of Canadian citizenship.
- Original letter of support from a US employer and/or client on official company letterhead. The letter must be original and ink signed. No copies, scans, e-signatures, or electronic letters. (Learn what else your TN offer letter needs.)
- Original proof of qualifications. You must carry with you your original degrees, certificates, diplomas, licenses, and/or proof of your qualifications. This may mean carrying a degree in a frame with you when you submit your TN Visa border application.
- Proof of intent. A TN Visa is nonimmigrant. This means you must demonstrate your intent to return to Canada at the end of your temporary employment.
- Bring original documents to in-person appointments. CBP requires you to bring your original degree, certificate, and/or diploma when applying in person for a TN Visa.
- Get your transcripts. When there is a question about whether your degree is in a specific field of study or a closely related field, provide your supporting academic transcripts. Some CBP Officers will insist on your original transcripts.
- Provide English translations. If your degree is in a language other than English, it must be accompanied by an English language translation.
How long does this process take? If you will be applying for a TN Visa at a port of entry or pre-flight inspection point, we recommend starting the process at least 2 weeks before. Ideally, you should plan up to 3 months in advance of your start date to accommodate any delays in the process outside of your control. Prior to making a TN Visa border application, you should speak with an experienced TN Visa lawyer to make sure you have the necessary supporting documents and that you meet the qualifications under the USCMA.
Applying for TN Visas by Mail through USCIS
Prospective TN employers may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129. Premium processing service is available for Form I-129.
If USCIS approves Form I-129, the prospective worker may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated US ports of entry or at a designated pre-clearance or pre-flight inspection station:
- Proof of Canadian citizenship
- Approval Notice from USCIS for Form I-129
In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
- Do NOT send originals in the mail. When filing for a TN Visa by mail, only submit legible copies of all supporting documents unless they specifically request originals.
- Get your transcripts. When there is a question about whether your degree is in a specific field of study or a closely related field, provide your supporting academic transcripts.
- Provide English translations. If your degree is in a language other than English, it must be accompanied by an English language translation.
How long does this process take? That depends on whether you are using standard processing or premium processing:
- For standard processing: We recommend starting the process at least 6 months before your anticipated start date. Ideally, you should plan up to 8 months in advance of your start date to accommodate any delays in the process outside of your control.
- For premium processing: We recommend starting the process at least 45 days before your anticipated start date. Ideally, you should plan up to 3 months in advance of your start date to accommodate any delays in the process outside of your control.
Prior to filing a TN Visa application by mail, you should speak with an experienced TN Visa lawyer to make sure you have the necessary supporting documents and that you meet the qualifications under the USCMA.
Mexican Citizens
If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa:
- Directly at a US embassy or consulate in Mexico. You should apply up to 6 months in advance of your employment start date. Once you are approved for a TN Visa, you may apply for admission at certain CBP-designated US ports of entry, or at a designated pre-clearance or pre-flight inspection station.
Applying for TN Visas through a US Consulate or Embassy
If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. When applying for a TN Visa at a US Consulate or Embassy, you must provide original documentation proving that you meet the minimum education and/or work experience requirements for your USMCA (NAFTA) profession, including degrees, diplomas, certificates, professional licenses, and proof of experience or business records.
How long does this process take? Applying for a TN Visa through a US Consulate or Embassy can take a few weeks or even months. No matter what your situation is, you should always give yourself adequate time before your potential start date to obtain your TN Visa in a timely manner. We recommend starting up to 6 months in advance of your employment start date.
Visit the USDOS website for more information.
How long is my TN Visa good for?
TN Visa Durations
The TN Visa can be obtained for a time period of one (1) day and up to a maximum of three (3) years at a time, as long as the passport presented has a validity date throughout the requested period of admission.
In addition to verifying passport validity, NAFTA Officers will reference contract periods and offer letter dates to grant TN status for a duration limited to the length of passport validity, employment length, or contract length.
Here are a few examples of how TN Visa durations are determined:
- An applicant for a TN Visa presents a three (3) year employment letter. The applicant may be admitted for the entire three (3) year employment period, as long as the passport is valid for the length of requested employment.
- An applicant for a TN Visa presents a three (3) year employment letter along with an employment contract valid for a one (1) year period. The applicant may only be admitted for the validity of the employment contract, no matter how long the request is in the employment letter is, as long the passport is valid for the length of requested employment.
- An applicant for a TN Visa presents a three (3) year employment letter and a passport valid for two (2) years. The applicant will be limited to a two (2) year employment period.
Can I renew or extend my TN Visa?
Renewing Your TN Visa (“Extension of Status”)
The TN Visa is a nonimmigrant visa. This means that those on the TN Visa must maintain an intent to depart the country at the end of their temporary stay. So as long as you maintain your permanent ties and intend to return to your home country, and as long as the need for your services by the same employer continues, you can renew a TN Visa indefinitely (also known as “Extension of Status”).
You can extend the period that your TN Visa is valid simply by renewing your TN Visa. As long as your job continues to satisfy the TN Visa requirements, your stay will be extended.
There are specific time periods and processing times that apply to extension petitions:
- Applications for extensions or renewals of a TN Visa with USCIS can be filed up to 6 months prior to expiration or within 10 days of the expiration of the TN Visa
- Your employer cannot file an extension petition before 6 months till the end of your current TN Visa
- Processing times for the renewal can take anything from 2 to 7 months
- A premium processing service (which take about 15 calendar days) available at an additional cost
TN Visa renewals can be obtained every three (3) years, with no limit on the number of possible extensions and for as long as needed.
There are generally two options for current TN Visa holders to consider when requesting a TN Visa renewal:
- By mail with USCIS. You (or your employer) can file Form I-129 by mail. This option allows current TN Visa holders that do not have a change in employment the convenience of renewing through a service center, and it eliminates the need to travel to a port of entry to seek a renewal.
- In person with USCBP. You can depart the United States, then re-apply for a TN Visa with CBP upon returning to the United States.
Renewing Your TN Visa ("Extension of Status") by Mail with USCIS
To renew your TN Visa, your employer can file Form I-129 by mail with USCIS. It's important to note that when you file for a TN Visa "Extension of Status" with CBP, they will adjudicate the application from scratch. No consideration is given to previous approvals. It is important that all applications carry the same weight and attention to detail as the initial application.
When filing a TN Visa renewal ("Extension of Status") by mail with USCIS through Form I-129, you must provide evidence that the TN Visa holder:
- Maintained their TN Visa status
- Will continue to be employed under a qualifying TN Visa profession
- Continues to meet the minimum requirements for the TN Visa profession
When should I file my TN Visa renewal?
Timely Filing. Applications that are filed before the expiration of the current TN Visa status are considered timely. In some cases, USCIS may forgive an untimely filing due to extraordinary circumstances beyond the control of the applicant.
Filing Window. You can file for a TN Visa "Extension of Status" with USCIS up to 6 months in advance of the potential start or extension date.
Where should I be when I file my TN Visa "Extension of Status?"
You must be physically present in the United States when you file for a TN Visa extension of status with USCIS, and you must remain in the United States while the case is processed. Departing before the case has been adjudicated is considered abandonment and will lead to a denial.
Automatic 240-day Extension
If (and ONLY if) you timely file for a TN Visa renewal with USCIS, you are automatically able to remain in the United States and work for your current employer for up to 240 days beyond the expiration of your current TN Visa.
This automatic 240-day extension does NOT apply when:
- You did not file before the expiration of your current TN Visa, or within the 10-day grace period. (In some cases, USCIS will consider late filings due to extraordinary circumstances beyond the control of the applicant.)
- You are filing TN Visa "Change of Employer" applications.
Processing Time & Approval
Standard processing for a TN Visa renewal. ("Extension of Status") with USCIS can take several months. In some situations, it makes sense to file for premium processing for an additional fee, which expedites the process and promises a decision from USCIS within 15 calendar days.
Upon approval from USCIS, you will receive an I-797 Approval notice with a new I-94 card attached. The approval will be for the time period requested, from one (1) day up to three (3) years.
A Note on TN Visa Renewals ("Extension of Status") for Mexican Citizens
Although this "Extension of Status" allows Mexican citizens to continue to work in the United States, it does NOT extend their travel authorization. With the exception of qualifying trips of less than 30 days to Canada or Mexico, a Mexican citizen will need to obtain a new TN Visa stamp at the US Consulate or Embassy.
Renewing Your TN Visa in Person with USCBP ("Extension of Status")
You are able to obtain a TN Visa renewal at qualifying US ports of entry and pre-flight inspection, in the very same way as the initial TN Visa was obtained.
A few important things to consider when filing a TN Visa "Extension of Status" in person with CBP:
- It's fast. You can obtain the TN Visa "Extension of Status" the same day you apply with CBP—plus, Canadian citizens are able to request a TN Visa renewal with CBP typically within 10 days of the anticipated start date.
- It's inexpensive. When renewing a TN Visa with CBP, you only pay the nominal processing fees.
- But . . . it's still from scratch. When you file for a TN Visa "Extension of Status" with CBP, they will adjudicate the application from scratch. No consideration is given to previous approvals. It is important that all applications carry the same weight and attention to detail as the initial application. Be prepared to reprove your merit.
What about my family?
TN Visas & Your Family: TD Nonimmigrant Status
Can my family come to the US under my TN Visa? A spouse or qualifying dependent of a TN Visa holder is granted a TD Visa. The spouse and children under the age of 21 may accompany or join the TN status holder in the United States if they qualify for TD nonimmigrant status. A TD Visa holder can live in the US along with the TN Visa spouse or parent for as long as their TN Visa status remains valid. Family members other than the spouse and children of a Canadian TN Visa holder (such as parents, cohabiting partners, and other family members who don’t qualify for TD status) may qualify for B status.
How do my family members qualify for a TD Visa? To be eligible for a TD visa, they must demonstrate a spousal or child-parent relationship with the TN status holder. The spouse and children of TN Visa holders are not required to have visas, but they must be able to provide the necessary documentation at the port of entry:
- Proof of Canadian or Mexican citizenship
- Proof of relationship to the TN status holder (marriage certificate or birth certificate)
- Photocopies of the entry documents of the TN status holder (a valid Form I-94)
It’s not necessary for the dependents of Canadian TN Visa holders to have Canadian citizenship. In such cases, they must contact the US embassy or consulate in their area to be informed about the application process.
Can my spouse and dependents work? A TN Visa only grants work status to the employee. Although a TD Visa allows a spouse and qualifying dependents to live in the US, it does not grant them work status.
How can my spouse or dependant work while I am on a TN Visa? A spouse or dependant that wishes to work in the US must qualify for and obtain their own work status, either on a TN Visa or in another qualifying work status. This is done in the same way the TN Visa holder obtained their original TN Visa.
What can you do on a TD visa? Although they are not authorized to work, TD Visa holders are allowed to attend school and otherwise live legally in the US.
We Can Help You Apply for TN Visas
At Richards and Jurusik Immigration Law, we focus our legal practice on the Immigration and Nationality Laws of the United States. Our specialized practice has allowed us to gain particular expertise with the preparation, filing, and successful adjudication of TN Visa applications (particularly on behalf of Canadians), including new applications, renewals, extensions, denials, and all other TN Visa related matters.
Our Resources for TN Visas
Helpful TN Visa Templates
Additional Outside Resources
- USTR: United States-Mexico-Canada Agreement
- USCIS: TN NAFTA Professionals
- USCIS: NAFTA (TN) Visas
- USCIS: I-9, Employment Eligibility Verification
- USCIS: I-129, Petition for a Nonimmigrant Worker
- USCBP: TN Visa Eligibility Checklist (PDF)
- USCIS: Chapter 9 – Evaluation of Education Credentials
- USDOS: Mexican and Canadian NAFTA Professional Worker
- USCIS: I-907, Request for Premium Processing Service
- USCBP: Arrival/Departure Forms: I-94 and I-94W
- Silvergate Evaluations (for Degree Equivalency)
Important TN Visa Memos
- MEMO: USMCA Professions List, Appendix 2 of Annex 16-A
- MEMO: 9 FAM 402.17, USMCA Professionals, TN & TD Visas (December 6, 2021)
- MEMO: TN Visa Education Requirements (May 8, 2013)
- MEMO: Appendix 1603.D.1, TN Visa NAFTA Professions Defined (May 8, 2013)
- MEMO: TN Visa Immigrant Intent (April 21, 2008)
- MEMO: Employment of Canadian and Mexican Professionals under NAFTA (March 16, 2005)
- MEMO: TN Visa Licensing Requirements (October 26, 2004)
- MEMO: TN Visa as a Scientific Technician / Technologist (November 7, 2002)
- MEMO: TN Visa Computer & Software Engineers (August 1, 2000)
- MEMO: TN Visa Self Employment (February 5, 1996)
- MEMO: TN Visa as a Physician (April 10, 1995)
- MEMO: Federal Register, TN Visa Licensure Requirements (December 30, 1993)
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