Table of Contents
- What Is TN Status?
- Who Qualifies for TN Status?
- Option 1: Filing Form I-129 with USCIS
- Option 2: Applying at the Border
- Required Documents for TN Applications
- Processing Times & Fees
- Common Mistakes to Avoid
- What Happens After Approval?
- Frequently Asked Questions
1. What Is TN Status?
TN (Trade NAFTA) status is a nonimmigrant classification that allows qualified Canadian and Mexican citizens to work in the United States in pre-approved professional occupations under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. It is valid for up to three years and can be renewed indefinitely as long as the employee continues to meet the eligibility criteria.
2. Who Qualifies for TN Status?
To qualify, an employee must:
- Be a Canadian citizen (permanent residents do not qualify)
- Work in a TN-approved profession (e.g., engineers, accountants, scientists, medical professionals, IT specialists)
- Have a valid U.S. job offer in one of the eligible occupations. In the case of Canadian employment, the sending company must have a contract to perform services under an eligible occupation.
- Meet the education or experience requirements for that profession.
3. Option 1: Filing Form I-129 with USCIS
Why File Form I-129?
Filing Form I-129 (Petition for a Nonimmigrant Worker) is recommended if:
- The company wants USCIS approval before the employee travels
- The employee prefers to avoid in-person interviews at the border
- The company has a U.S. entity that can file as the employer
Steps to File Form I-129
Step 1: Gather Required Documents
- Employer support letter detailing the job offer
- Copy of the employee’s Canadian passport
- Educational credentials (degree, transcripts, licenses)
- Proof that the job falls under the TN occupation list
Step 2: Complete & Submit Form I-129
- Fill out Form I-129 with job and employee details
- Attach supporting documents
- Pay the USCIS filing fee
- Submit to the USCIS service center
Step 3: Wait for USCIS Approval
- Processing time: 2 to 6 months (or 15 days with premium processing for an extra $2,805)
- If approved, the employee receives an I-797 approval notice
- If denied, USCIS may issue a Request for Evidence (RFE)
Once approved, the employee can travel to the U.S. and begin work.
4. Option 2: Applying at the Border
Why Apply at the Border?
Many Canadians prefer to skip Form I-129 and apply for TN status directly at a U.S. port of entry or pre-clearance airport. This option is:
- Faster – Decision is made on the spot
- Cheaper – No USCIS filing fees
- Easier – No waiting for processing times
Steps to Apply at the Border
Step 1: Prepare Required Documents
- Employer support letter
- Copy of the employee’s Canadian passport
- Educational credentials
- Evidence that the job is TN-eligible
Step 2: Visit a U.S. Port of Entry or Pre-Clearance Airport
- Apply at a land border crossing or an airport with U.S. pre-clearance (e.g., Toronto, Vancouver, Montreal)
- Present the documents to a U.S. Customs and Border Protection (CBP) officer
- Pay the $56 TN visa fee
Step 3: Receive Instant Approval or Denial
- If approved, the CBP officer grants TN status immediately
- If denied, the applicant can reapply with stronger evidence
5. Required Documents for TN Applications
| Document | Form I-129 Application | Border Application |
|---|---|---|
| Employer support letter | ✅ Required | ✅ Required |
| Proof of Canadian citizenship | ✅ Required | ✅ Required |
| Job offer & TN profession verification | ✅ Required | ✅ Required |
| Educational credentials | ✅ Required | ✅ Required |
| Form I-129 | ✅ Required | ❌ Not required |
| USCIS Filing Fee ($460) | ✅ Required | ❌ Not required |
| Border Processing Fee ($56) | ❌ Not required | ✅ Required |
6. Processing Times & Fees
| Application Method | Processing Time | Fee |
|---|---|---|
| Form I-129 (USCIS) | 2-6 months (15 days with premium processing) | Several hundred dollars |
| Border Application | Same-day approval | $56 |
7. Common Mistakes to Avoid
- Applying for an ineligible job
- Submitting an incomplete employer support letter
- Failing to provide proof of qualifications
- Choosing Form I-129 unnecessarily when a border application is faster
8. What Happens After Approval?
- Form I-129 approval: The employee presents the I-797 notice at the border to enter the U.S.
- Border approval: The CBP officer grants TN status immediately, and the employee can start working.
9. Frequently Asked Questions
Which option is better: Form I-129 or border application?
The border application is usually better if the employee wants faster processing. If the company wants USCIS pre-approval, Form I-129 is the better option.
Can a Canadian company sponsor a TN worker?
Yes, but the company must have a valid contract with a U.S.-based entity.
What if TN status is denied?
The worker can reapply with more substantial evidence or file Form I-129 for reconsideration.
Need Help Applying for TN Status?
Understanding TN visa options can be complex. Consult an immigration attorney to ensure a smooth application process.
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
If you have any questions regarding a TN visa application, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
