Suppose you’ve ever worked with professionals applying for a TN visa, or have applied for one yourself. In that case, you may be surprised to learn that the final decision on entry into the United States doesn’t rest with USCIS or the consulate.
That decision is made at the border by a U.S. Customs and Border Protection (CBP) officer.
Here’s why that matters, and what you need to know about the way TN visa processing really works under the USMCA (formerly NAFTA).
The Legal Framework: TN Admission Under USMCA
The United States–Mexico–Canada Agreement (USMCA), which replaced NAFTA, contains specific provisions for the temporary entry of professionals. Chapter 16, Annex 1603, Section D(2)(a) lays it out clearly:
“No party may require prior approval procedures, petitions, labor certification tests, or other similar procedures as a condition of entry.”
In practical terms, that means a qualified TN professional should be able to apply directly at a U.S. port of entry and, if everything checks out, be admitted on the spot.
What About USCIS and the State Department?
Both play a role, but not the one many expect:
- USCIS processes I-129 petitions for TN status within the United States. This is typically used when a foreign national is already in the U.S. and is applying for a change or extension of TN status. But here’s the catch: USCIS approval doesn’t guarantee that CBP will allow re-entry if the person travels abroad. The final decision is still made at the port of entry.
- The U.S. Department of State (DOS) issues TN visas at U.S. consulates. This is a standard route for Mexican citizens, who must apply for a visa before approaching a port of entry. However, a visa is merely a travel document; it does not guarantee admission.
CBP: The Final Gatekeeper
At the end of the day, it’s CBP that determines whether a TN applicant qualifies at the moment of entry. The officer at the border reviews the applicant’s qualifications, supporting documents, and intent. If something doesn’t line up, even if the person has a visa or an approved petition, they can be denied entry.
This sometimes comes as a surprise to employers and applicants alike. After all, if you’ve already gone through USCIS or the consulate, it feels like the hard part is over. But in the TN process, the most decisive moment may come right at the border.
What This Means for Employers and Applicants
Whether you’re advising a client or preparing to apply for TN status yourself, the takeaway is clear:
- Be fully prepared at the border.
- Understand that CBP has discretion to interpret whether the applicant qualifies for the specific TN category.
- Ensure that documentation is clear, consistent, and well-organized, especially the offer letter, proof of qualifications, and evidence that the role falls under a listed TN profession.
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