TN status allows certain Canadian and Mexican professionals to work in the United States under the United States–Mexico–Canada Agreement (USMCA). When one spouse receives TN status, their spouse and children may accompany them under TD dependent status.
However, some families wonder whether the dependent spouse can apply for their own TN visa instead of remaining in TD status. In many cases, this is possible if the spouse independently qualifies for a profession listed under the USMCA.
What Is TD Status?
When a person enters the United States as the spouse or child of a TN professional, they typically receive TD status.
TD status allows dependents to:
- Live in the United States with the TN professional
- Study in the United States
However, TD dependents cannot work in the United States. Because of this restriction, some spouses explore whether they can obtain their own employment-based TN visa.
Can a TN Spouse Apply for Their Own TN Visa?
Yes. A spouse of a TN professional may apply for their own TN visa if they independently meet the eligibility requirements. In this situation, the spouse would change from TD dependent status to TN professional status based on their own job offer and qualifications.
To qualify, the spouse must meet the same requirements as any other TN applicant.
Requirements to Obtain a TN Visa
To obtain TN status, the applicant must independently meet the eligibility requirements under the USMCA.
1. Citizenship Requirement
The applicant must be a citizen of Canada or Mexico. Permanent residents of these countries are not eligible for TN status.
2. Qualifying Profession
The position offered in the United States must fall under one of the approved TN professions listed in the USMCA.
Common TN professions include:
- Engineers
- Accountants
- Scientists
- Management consultants
- Computer systems analysts
3. Job Offer from a U.S. Employer
The applicant must have a job offer from a U.S. employer that matches a qualifying TN profession. Self-employment is generally not permitted under TN status.
4. Required Credentials
The applicant must meet the educational or licensing requirements associated with the specific TN profession. Many professions require a bachelor’s degree or specific professional credentials.
How a Spouse Can Change from TD to TN
There are several ways a spouse may obtain TN status.
Applying at a Port of Entry (Canadians)
Canadian citizens often apply for TN status directly at a U.S. port of entry by presenting supporting documentation to U.S. Customs and Border Protection officers.
Applying Through Consular Processing (Mexicans)
Mexican citizens typically apply for a TN visa at a U.S. consulate before entering the United States in TN status.
Change of Status Inside the United States
In some situations, a TD spouse already present in the United States may request a change of status to TN by filing an application with U.S. Citizenship and Immigration Services.
What Happens If Both Spouses Have TN Status?
If both spouses qualify for TN status, each spouse may work in the United States independently under their own TN visa.
In this situation:
- Each spouse must maintain their own TN employment
- Each TN visa is tied to a specific employer and qualifying position
- Children may still qualify for TD dependent status
Conclusion
Having a spouse in TN status does not prevent you from obtaining your own TN visa. If you independently qualify for a profession listed under the USMCA and receive a job offer from a U.S. employer, you may apply for TN status and work in the United States.
Understanding the differences between TD dependent status and TN professional status can help families determine the best immigration strategy for their circumstances.
Sources
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REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
