Under the United States-Mexico-Canada Agreement (USMCA), the TN status facilitates the movement of workers across the shared borders.
TN’s are available to foreign nationals who are citizens of Canada or Mexico and will be employed in the US in one of the specific occupational categories listed under USMCA. A company must sponsor the TN. TN status is granted for no more than three years, and in theory, it may be renewed indefinitely, as long as the position remains temporary. In order to qualify, the applicant must meet the minimum education, experience and/or certification requirements defined in the applicable TN classification. TNs are not numerically capped and can be applied for at any time during the year. Foreign nationals should be very careful if applying for a US green card (“immigrant visa”) while in TN status. TN visas cannot be obtained for “owners” of the US company sponsor. While a TN can, in theory, be renewed indefinitely, the inspecting officer must believe that the employee is coming to the US for a temporary position, and does not intend to work in the United States permanently. A TN applicant does not need to maintain a home outside the US to qualify for a TN.
Canadian TNs
Canadian citizens can apply for TN status at a US Port of Entry, without an appointment, or through a US Citizenship and Immigration Services (USCIS) Regional Service Center. A TN applicant must be intending to enter the US to work for the sponsoring company at the time of entry. Processing of the TN application, if applying at a port-of entry, can take a few hours, and the applicant is expected to begin working with the sponsoring employer with 10 days after approval. Clark Hill’s Immigration Practice Group has extensive experience with TN applications.
Mexican TNs
Mexican Citizens generally must apply for a TN visa status at a US Consulate in Mexico, prior to entry into the US. The procedures vary slightly at each Consulate in Mexico, both in terms of the application process as well as the information that is required. However, an appointment is always required before the TN visa can be approved.
Extension or Appeal Process
Extensions for a TN can be made at a Port of Entry (Canadian citizens), at a US Consulate in Mexico (Mexican citizens), or through the USCIS Regional Service Center (Canadian or Mexican citizens). Regardless of which method is chosen to apply for the initial TN or an extension, there is no appeal from a denial of a TN. This process has been affirmed by the US Administrative Appeals Office (AAO). Foreign nationals should be sure their paperwork is properly prepared prior to making an application for a TN.
Family Members
TD status is available to immediate family members (spouses and children under the age of 21) who wish to accompany the TN employee to the US. TD status is generally granted for the same period as the TN and must be extended accordingly. Family members in TD status may attend school or university, but cannot work in the US in TD status. TD family members can apply for an ITIN with the Internal Revenue Service.
TN Occupations (without degrees listed)
Here are the occupations listed in the USMCA Professional Job Series which are eligible for TN visas:
General
Accountant
Architect
Computer Systems Analyst
Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)
Economist
Engineer
Forester
Graphic Designer
Hotel Manager
Industrial Designer
Land Surveyor
Landscape Architect
Lawyer (including Notary in the Province of Quebec)
Librarian
Management Consultant
Mathematician (including Statistician)
Range Manager/Range Conservationalist
Research Assistant (working in a post-secondary educational institution)
Scientific Technician/ Technologist
Social Worker
Sylviculturist (including Forestry Specialist)
Technical Publications Writer
Urban Planner (including Geographer)
Vocational Counselor
Medical/Allied Professional
Dentist
Dietitian
Medical Laboratory Technologist (Canada)/ Medical Technologist (Mexico and the United States)
Nutritionist
Occupational Therapist
Pharmacist
Physician (teaching or research only)
Physiotherapist/Physical Therapist
Psychologist
Recreational Therapist
Registered Nurse
Veterinarian
Scientist
Agriculturist (including Agronomist)
Animal Breeder
Animal Scientist
Apiculturist
Astronomer
Biochemist
Biologist
Chemist
Dairy Scientist
Entomologist
Epidemiologist
Geneticist
Geologist
Geochemist
Geophysicist (including Oceanographer in Mexico and Licenciatura Degree in the United States)
Horticulturist
Meteorologist
Pharmacologist
Physicist (including Oceanographer in Canada)
Plant Breeder
Poultry Scientist
Soil Scientist
Zoologist
Teacher (College, Seminary, or University)