FAQs for Employees working under TN Visa Status

Your TN Visa status has been approved, Congratulations! You are now authorized to legally work and live in the United States. As you commence your employment in the United States under TN visa status there are a few key points you should keep in mind. We cover some key points here.

The I-94 serves as proof of your lawful admission under a TN Visa and also indicates the duration of your TN Visa. You will be authorized to work and live in the US for the duration of your TN Visa as indicated on your I-94 admission record. We discuss CBP Form I-94 in detail here.

Anyone that has been legally authorized to work in the United States on a valid work visa is able to obtain a Social Security number (SSN), including Canadian and Mexican citizens that have approved TN Visas. Here’s how you do it.

Employees must provide documentation to their employers to show their identity and authorization to work, which is achieved using USCIS Form I-9. Here’s some more info about Form I-9, how to complete it in compliance, and how employers must handle the process as well.

If you have been issued TN visa status to work inside the United States, your spouse and minor children also qualify to live in the United States with you under TD visa status as your dependents. Your qualifying dependents can obtain TD status at the same time you obtain your TN status, or anytime thereafter. Find out what your dependants need to obtain TD visa status.

Under agreements between the United States and Canada, Canadians are permitted to tour in the USA without USA license plates or USA driver’s permits. For Canadians working in the USA on a TN Visa or an L-1 Visa, you may have a vehicle that you would like to bring with you. Here’s how to comply with the importation requirements with US Customs & Border Protection (CBP).

The TN Visa under USMCA (NAFTA) makes it easier for Canadian and Mexican citizens to legally work and live in the United States. The TN Visa is a nonimmigrant visa that is valid for up to three (3) years at a time and can be renewed indefinitely. Technically, anyone with a nonimmigrant visa that meets the permanent residency requirements may apply for a green card. However, the “intent to stay,” can create problems for a TN Visa holder. We discuss going from a TN Visa to a green card here.

TN visa holders are non-immigrant temporary workers in the United States under the United States-Mexico Canada Agreement (USCMA). The TN visa is available to citizens of Canada and Mexico who work in certain professional occupations. It does not provide a direct pathway to a U.S. green card, which grants permanent residency. However, there are several potential options to obtain a green card while on a TN visa, we discuss them here.

The TN Visa is employer-specific, but you are allowed to have more than one TN employer at a time. This means that you need a unique TN Visa for each employer you intend to work for in the US. This is what is referred to as “concurrent employment.” Since there’s no requirement for TN nonimmigrants to work full-time, there are individuals holding multiple part-time positions in the US. TN Visa holders are allowed to hold 2 separate visas at the same time, and more in some cases more. Management consultants, for example, often hold multiple TN Visas at once. Keep in mind that you cannot begin working for a new TN visa employer without prior approval.

TN visa status is granted to either Canadian or Mexican nationals authorizing them to perform professional-level work in designated USMCA professions for US employers or US clients. One of the requirements for receiving TN visa status is that you must be working inside the United States. We discuss the physical presence requirement for TN visa status here.

If you are in the United States on a nonimmigrant visa, you need to be aware of your potential tax obligations. Depending on your situation you may be required to file US taxes. We cover some general guidelines on tax obligations while in the US on a nonimmigrant visa here.

In some instances, nonimmigrant visa holders may be required to file taxes in the United States. If your nonimmigrant status doesn’t qualify for a Social Security Number (SSN), you may need an Individual Taxpayer Identification Number (ITIN). We cover the basic steps to obtain an ITIN if you are a nonimmigrant visa holder in the United States here.

The process for obtaining a driver’s license on a non-immigrant visa varies depending on the state where you are located. We review some general steps that you can follow to obtain a driver’s license while on a nonimmigrant visa here.

Canadian and Mexican nationals have the advantage of both TN visa status and H1B visa status. A common dilemma is deciding between these two visa options and the impact they might have on future immigration. We discuss entering the H1B visa lottery while on a TN visa here.

In some instances, those inside the United States working under TN visa status look for ways to supplement their income. Foreign nationals need to be careful when looking for a side hustle as it must be covered by their visa status. In most cases, a new visa must be obtained to cover any work done on the side. We discuss supplemental income or side hustle while on TN visa status here.

If you are a Mexican citizen working in the United States on a TN Visa with an expired TN visa stamp, you might be able to travel under automatic visa revalidation. Before you travel, make sure you meet the criteria to re-enter the United States. We discuss automatic visa revalidation as it applies to Mexican citizens with expired TN visa stamps here.

TN Visa status is reserved for Mexican and Canadian nationals that will be working for a US employer or servicing a US client. Employment is a required component to obtain TN Visa status. Self-employment is not allowed under the TN Visa status. We discuss the employment requirement of TN Visa status and what is considered self-employment here.

Many positions can be done remotely allowing for “telework.” This is most common in the IT industry but has become more commonplace in other professions. When it comes to TN visa status, “telework” is possible under certain circumstances. Read more about teleworking while on a TN visa here.

TN Visa status is work authorization issued under the US-Mexican Canada Agreement (USCMA). The USMCA replaces the previous North American Free Trade Agreement (NAFTA). TN Visa status is available to both Canadian citizens (TN-1) and Mexican citizens (TN-2) working in the United States under any of the designated TN professions. Once your TN visa status has been issued, you will be authorized to work and live in the USA. You are also able to travel on your TN Visa.

The maximum time period a TN visa can be issued per admission is three (3) years. When determining the period of admission the reviewing CBP Officer can take several factors into account. We discuss these factors and how long your TN visa will be valid here.

Depending on the circumstances, a TN Visa holder that loses their employment or fails to renew before it expires might be eligible for a grace period allowing them to remain in the US while they take action to preserve their legal status. But there are a lot of rules to consider, and breaking the rules could mean “unlawful presence.” Let’s find out how to avoid that worst-case scenario.

If you are currently in the United States on a TN Visa, you may be able to change your status to another visa classification. We commonly see TN Visa holders file to change their status to a visitor visa (B-1 Visa) or dependant visa (E-2, TD, H-4, L-2, etc.). Here’s how to find out if you’re eligible—and how to do it.

A TN Visa holder must obtain a new TN Visa if they receive a new (or additional) offer of employment. The TN Visa professional cannot begin working for the new employer until they have received approval of a new TN Visa.

An individual can only have one visa or status classification at a time. Any person, however, is able to have multiple visas of a single classification, such as multiple TN Visas for working for multiple employers.

Although the TN Visa is a nonimmigrant visa, a TN Visa holder is able to marry a US Citizen and obtain a green card through marriage while in the US on a TN Visa. However, there are timing and intent issues that need to be carefully considered before you file your case with USCIS.

A TN Visa can be renewes indefinetly. The applicaiton options vary depending on your situation and whether you are Canadian or Mexican. We review the TN Visa application options here.

Foreign nationals working in the United States often consider buying a house. Buying a house while on a nonimmigrant visa is possible and there are no specific restrictions on home ownership in the United States due to immigration status. We discuss buying a house while in the US on a nonimmigrant visa here.