What is the difference between TN visa status for Canadians and Mexicans?

Only citizens of Mexico or Canada are able to obtain TN visa status under the USMCA. Qualifying Mexican professionals can obtain TN-2 visa status while qualifying Canadian professionals can obtain TN-1 visa status. Neither Mexican nor Canadian permanent residents qualify for TN Visa status. You must be a citizen.

How to obtain TN-1 Visa status as a Canadian National

Unlike Mexican citizens, Canadian citizens are not required to have a visa stamp to enter the United States in TN-1 visa status. A Canadian citizen is able to apply for TN Visa status in one of three ways:

1. Port of Entry or Pre-Flight Inspection Application – A Canadian citizen can for TN-1 visa status directly at a US port of entry or through pre-flight inspection. Upon approval, CBP will admit the applicant with TN visa status and issue an I-94 record of admission. The I-94 is then used as proof of work authorization. The process typically takes less than 30 minutes. A Canadian citizen applying for TN Visa status at a US port of entry or pre-flight inspection must submit the following:
   1. A valid Canadian passport.
   2. Support Letter – A contract or letter of employment in the United States – To show that you have a job offer, provide a contract or employment letter from your employer in the United States confirming your upcoming employment in one of the listed USMCA professions. The letter should also include the following:
      • Your purpose of entry;
      • A detailed description of your anticipated business activities or job responsibilities;
      • Your anticipated length of stay in the United States;
      • Your educational qualifications or appropriate credentials demonstrating professional status;
      • Evidence of your compliance with Department of Homeland Security (DHS) regulations and/or state laws; and
      • Arrangements for your pay.
   3. Proof of Qualifications – Evidence of education would include degrees, diplomas, certificates, professional licenses, and /or membership in professional organizations. To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records.
2. File Form I-129 with US Citizenship and Immigration Services (USCIS) – Canadian citizens can use USCIS Form I-129 to file for a new TN visa. Form I-129 must be filed by the employer/petition and cannot be filed by the employee/beneficiary. This process can take as little as 15 days when filed with USCIS Form I-907 Request for Premium Processing or from 2-6 months when filed with standard processing. A Form I-129 Petition is supported by the same evidence as an application at a port of entry. Rather than in-person submission, it is mailed directly to USCIS for review. Upon review of the I-129 petition, USCIS will approve the petition and issue an I-797 approval notice. The employee will then take the I-797 approval to a port of entry or pre-flight inspection for stamping and admittance in TN visa status. As USCIS has already issued pre-approved TN visa status, stamping with CBP is typically a quick process.
3. Consular Processing – In very limited circumstances, a Canadian can apply for TN Visa status at a US Consulate or Embassy to be issued a TN Visa stamp in their passport. This is typically done when a Canadian citizen is traveling to the United States with a non-Canadian spouse or dependant that requires a TN visa stamp to enter the United States. In the majority of cases, consular processing can and should be avoided. Processing times vary.

In most cases, the best option for a Canadian citizen to apply for and obtain TN visa status is at a US port of entry or through Pre-flight inspection. If done properly, TN Visa status can be obtained in a matter of days and cost much less than either a USCIS or Consular filing.

Our US Immigration Services for Canadians

How to obtain TN-2 Visa status as a Mexican National

Unlike Canadian citizens who are not required to have a visa stamp to enter the United States in TN visa status, Mexican citizens must apply for and obtain a visa stamp. A Mexican citizen is able to apply for TN Visa status in one of three ways:

1. Consular Processing – In most cases, a Mexican citizen must apply for and obtain a TN visa stamp at a US Consulate or Embassy before seeking entry to the United States under TN visa status. Processing times vary and can be from a number of days to weeks. It is important to plan well in advance of your intended start date in the United States. In general, the following is required:
   1. A Valid Mexican Passport – You must have a valid Mexican passport that is valid for at least 6 months beyond your requested TN visa time period.
   2. Support Letter – A contract or letter of employment in the United States – To show that you have a job offer, provide a contract or employment letter from your employer in the United States confirming your upcoming employment in one of the listed USMCA professions. The letter should also include the following:
      • Your purpose of entry;
      • A detailed description of your anticipated business activities or job responsibilities;
      • Your anticipated length of stay in the United States;
      • Your educational qualifications or appropriate credentials demonstrating professional status;
      • Evidence of your compliance with Department of Homeland Security (DHS) regulations and/or state laws; and
      • Arrangements for your pay.
   3. Proof of Qualifications – Evidence of education would include degrees, diplomas, certificates, professional licenses, and /or membership in professional organizations. To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records.
   4. Complete the Online Visa Application – You must complete the online visa application and print the application confirmation page to bring to your TN visa interview.  Online Form DS-160
   5. Schedule an Interview – In most cases, a visa interview is required. In some instances, you may qualify for an interview waiver. You should schedule an interview at your local US Consulate or Embassy. Wait times can be weeks to months away. Plan ahead. Find your US Consulate or Embassy
   6. Pay the Visa Fees – You must pay the non-refundable visa application fee before your interview.
   7. Attend your Interview -During your TN visa interview, the interviewing officer will determine whether you are qualified to receive a TN visa. When the TN visa is approved, you will be informed how your passport with the TN visa stamp will be returned to you. Typically within 7-10 days.
2. Port of Entry Application – A Mexican citizen with a valid TN-2 visa stamp in their passport can apply for TN-2 visa status directly at a US port of entry. Upon approval, CBP will admit the applicant with TN visa status and issue an I-94 record of admission. The I-94 is then used as proof of work authorization. The process typically takes less than 30 minutes. A Mexican citizen applying for TN Visa status at a US port of entry must submit the following:
   1. A valid Mexican passport.
   2. A valid TN-2 visa stamp.
   3. Employment letter evidencing detailed job duties under a qualifying USMCA profession, the length of anticipated employment, and compensation details.
   4. Evidence that the applicant meets the minimum education and/or experience requirements for the USMCA profession to be performed.
3. File Form I-129 with US Citizenship and Immigration Services (USCIS) – Mexican citizens who are currently inside the United States in legal immigration status, can file USICS Form I-129 to change to TN-2 visa status, extend status, add an employer, or change an employer. Mexican citizens that are not currently inside the United States cannot use USCIS Form I-129 to obtain TN Visa status. Form I-129 must be filed by the employer/petition and cannot be filed by the employee/beneficiary. This process can take as little as 15 days when filed with USCIS Form I-907 Request for Premium Processing or from 2-6 months when filed with standard processing. A Form I-129 Petition is supported by the same evidence as an application at a port of entry. Rather than in-person submission, it is mailed directly to USCIS for review. Upon review of the I-129 petition, USCIS will approve the petition and issue an I-797 approval notice. The I-797 approval notice will include new I-94 cards and authorizes the employee to work for the listed employer for the duration of the approval notice.

In most cases, a Mexican citizen will be required to obtain a new TN visa through consular processing.

Our US Immigration Services for Mexicans

What is the difference between TN visa status for Canadians and Mexicans?

The main difference between TN visa status for Canadians and Mexicans is that Mexicans require TN visas to request admission to the United States while Canadians do not. A TN visa can only be issued by a US Consulate or Embassy and cannot be issued at a port of entry. This added requirement can make the process longer and more complicated for Mexican citizens.

Additional Outside Resources

• • 9 FAM 402.17 USMCA PROFESSIONALS – TN AND TD VISAS
  • Visas for Canadian and Mexican NAFTA Professional Workers
  • CBP Deferred Inspection Sites
  • U.S. – Mexico – Canada Agreement (USMCA)
  • I-129, Petition for a Nonimmigrant Worker
  • I-907, Request for Premium Processing Service

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