TN Visa Guide 2025: Eligibility Criteria and Application Process Explained

The TN visa remains one of the most widely used pathways for Canadian and Mexican professionals to work in the United States.

Unlike other visas, it offers major benefits, including:

• No lottery or quota system — unlike the H-1B, eligible applicants can apply year-round.
• Fast processing times — TN status can often be secured in days, not months.
• Renewable indefinitely — initial stays are granted for up to three years, with unlimited extensions in one- to three-year increments.
• Low cost and simpler requirements compared to other work visa categories.

What is a TN Visa?

The TN (Trade NAFTA) visa is a special nonimmigrant work visa created under the North American Free Trade Agreement (NAFTA) in 1994, now carried over by the United States-Mexico-Canada Agreement (USMCA). It enables qualified Canadian and Mexican citizens to work in the U.S. in certain professional occupations with minimal paperwork and no annual cap. Unlike the H-1B, the TN has no lottery and no quota, and it can be renewed indefinitely in three-year increments as long as the temporary nature of stay is maintained.

TN Visa Eligibility Requirements: Who Qualifies?

To qualify for TN status, both the individual and the job must meet specific requirements under the USMCA. The foundational criteria for TN eligibility are:

1. The applicant is a citizen of Canada or Mexico (no other nationalities qualify)
2. The job offer in the U.S. is for one of the professions listed in the USMCA (the NAFTA Schedule of Professionals)
3. U.S. position requires a person in that professional capacity
4. There is a bona fide, pre-arranged full-time or part-time job offer from a U.S. employer (self-employment is not allowed)
5. The applicant has the necessary educational degrees or credentials for that profession.
   
   All these conditions must be satisfied to obtain TN status.

Occupation Requirements for TN Visa

USMCA List of Professions 

The TN is limited to specific occupations. The list includes 63 professions across various fields. Notable examples:

Tech/Science

• Computer Systems Analyst – requires a Bachelor’s degree or a post-secondary diploma + 3 years experience
• Engineer – Bachelor’s or licentiatura degree in an engineering field
• Biologist – Baccalaureate or Licenciatura Degree in related field
• Chemist – Baccalaureate or Licenciatura Degree in related field
• Scientific Technician/Technologist – assisting scientists, requires specialized knowledge but not a full degree (note: this category has nuanced criteria – the job must support a degreed scientist in one of the listed fields and cannot stand alone as an independent lab researcher).

Healthcare

• Medical Doctor (Physician) – TN is only for teaching/research roles, not direct patient care
• Registered Nurse – must have state RN license
• Dentist – DDS/DMD or country license
• Physical Therapist
• Dietitian
• Medical Technologist
• Note: Many healthcare TN roles require not only degrees but also licensing and a special VisaScreen certificate before the visa can be issued (a credential assessment mandated by law for certain health workers).

Education

• University or College Teachers/Professors – usually requiring a Master’s or Bachelor’s degree depending on the institution’s level
• Librarians – Master of Library Science required
• Vocational Counselors – Bachelor’s degree

Business & Management

• Accountants – Bachelor’s or accounting certifications like C.P.A.
• Economists – Bachelor’s in Economics
• Management Consultants – unique category: can qualify with a Bachelor’s in any field or 5 years of professional experience in consulting or a related specialty
• Graphic Designers – Bachelor’s or diploma + 3 years experience
• Hotel Managers – degree or diploma + 3 years in hotel management
• Lawyers – LL.B./J.D. or bar membership
• Mathematicians/Statisticians – Bachelor’s degree

Education and Credentials

With few exceptions, TN professions require at least a bachelor’s (baccalaureate) degree in a field related to the job. If a degree is required, experience cannot substitute for the degree. (The main exceptions are a handful of occupations like Computer Systems Analyst, Graphic Designer, etc., which allow a post-secondary diploma/certificate + 3 years experience instead of a degree, and Management Consultant or Scientific Technician, which have their own criteria.)

The degree should be in a field directly related to the job – immigration officers often check that the applicant’s major aligns with the professional role. For example, an applicant for a TN as an Economist should ideally have a degree in Economics. If the degree is from outside North America, a credentials evaluation may be needed to prove it’s equivalent to a U.S. bachelor’s degree.

Licenses and Certifications

If the profession is one that requires a license to practice (e.g. attorneys, nurses, physicians, accountants), the applicant should have the valid U.S. or home-country license as specified by the TN criteria. For instance, a TN Registered Nurse needs a state nursing license (passing the NCLEX), and a Lawyer needs a law degree or bar membership. A Canadian CPA or CMA accounting designation can also meet the accountant requirements. Ensure any required professional license is documented.

Occupation Fit and Title

A critical aspect of TN eligibility is how the U.S. job offer maps to the listed professions. The job title in the U.S. doesn’t have to exactly match the list (companies may use different titles), but the duties must align with one of the listed TN occupations.

• Example: a software developer or IT consultant might qualify under the “Computer Systems Analyst” category if their duties involve systems analysis and they have a related degree, even if their job title isn’t literally “Analyst.”
• Similarly, someone doing financial forecasting might attempt the Economist category, but caution: U.S. authorities interpret “Economist” very narrowly – roles that are essentially financial analyst or marketing analyst in nature do not qualify as Economists and will be denied TN.

In recent years (post-2017), immigration officers have been strict about role alignment, especially for Economists, Management Consultants, and Computer Systems Analysts, due to past abuses. As a result, the job duties must align  with the listed profession (using language from the U.S. Department of Labor’s Occupational Outlook Handbook, which officers use as a reference).

Notably Tricky Categories

• Management Consultant (M.C.) – does not require a degree if the person has at least 5 years of experience in consulting or a related specialty. This category is meant for experts brought in to provide temporary, project-based advisory services, or as an employee of a consulting company. The NAFTA guidance indicates that a Management Consultant should ideally be an independent contractor or an employee of a consulting firm contracted to a U.S. client, and only in very limited cases an employee directly of the U.S. company being advised.
  In practice, if a company tries to hire someone as a full-time employee under the title “Management Consultant” to perform normal ongoing managerial functions, CBP/USCIS may view that skeptically and deny the TN. The consultant role must be temporary, project-based, and not displacing a regular position. Therefore, use this category only if it genuinely fits (e.g. a short-term expert brought in to improve business processes) and be prepared to document the specialized nature and limited duration of the assignment.
• Scientific Technician/Technologist – intended for support technicians working in fields like biology, chemistry, engineering, etc. Under NAFTA rules, the person must have theoretical knowledge of one of the hard sciences and be coming to directly assist a degreed professional in a research or analysis project. This means the TN application should include evidence of the supervising scientist’s credentials and an explanation of how the technician’s work supports that professional endeavor. If a “technologist” is essentially working independently or doesn’t have an identifiable supervising professional, the TN can be denied. Employers in lab sciences should be mindful of this when considering TN for lab technicians.

Current Trends

As of 2025, the list of TN-eligible occupations has not been updated since 1994. No new professions have been added under USMCA, even as fields like AI, cybersecurity, and data science have emerged.

This static list can make it challenging for some modern roles to fit—applicants can only qualify if their job duties truly align with  an existing category (e.g. calling a data analyst a “Mathematician” or an IT project manager a “Management Consultant”) or pursue a different visa if the fit isn’t good.

There have been calls to update the TN profession list to reflect today’s economy, but until that happens, both applicants and attorneys have to work within the old definitions. The good news is some tech roles can still qualify under broad categories like Computer Systems Analyst or Engineer, and some business roles can fit under Accountant, Economist (if true economic analysis), or Consultant. However, whether applying with USCIS, consulate or at a port of entry, always be  prepared to justify the connection between the job and the TN profession.

June 2025 update - USCIS Restrictions on the TN Engineer Category

• Only true engineering backgrounds now qualify. Applicants must possess a baccalaureate/licenciatura degree—or a state/provincial professional engineering license—in a recognized engineering discipline directly related to the job. Generic computer sciences or software-related degrees no longer suffice unless tied to a bona fide engineering specialty.
• No more “tech but not engineering” roles. Positions such as software developers, IT analysts, or programmers cannot be filed under the Engineer category unless the duties and credentials align fully with an engineering function.
• More stringent adjudicator review. Officers are now applying a four-part test when evaluating TN Engineer cases:
  
  1. Degree Match – Must be in an engineering discipline.
  2. Occupational Handbook Reference – Must align with standard engineering roles (e.g., OOH definitions).
  3. Job Duties Match – Must involve actual engineering tasks, not just tech support or development.
  4. Title and Role Clarity – Must clearly reflect engineering responsibilities.

TN Visa Red Flags

• Primarily Managerial Duties
  TN classifications are intended for professional, hands-on roles. If the job description emphasizes supervising staff, strategic oversight, or high-level management rather than direct application of professional knowledge, it may be viewed as outside TN scope.
• Sales or Business Development Roles
  TN status does not cover traditional salespeople or account executives. Duties focused on generating revenue, lead prospecting, or client acquisition—even with some technical knowledge—are considered commercial rather than professional.
• Marketing-Heavy Positions
  Marketing strategy, brand management, product promotion, and advertising activities generally fall outside TN professions. Even when paired with analysis or research, if marketing is the primary duty, officers may deny eligibility.
• Vague or Mixed Duties
  Job descriptions that blur lines—e.g., “project management,” “business growth strategy,” or “team leadership”—can signal the role is more managerial or commercial than a recognized TN profession.

The TN Visa Application Process: Step-by-Step Guide

The TN application process differs for Canadian citizens (TN-1) and Mexican citizens (TN-2), and there is also an option for employers to file a petition directly with USCIS. Below is a breakdown of each route, along with typical timelines and considerations:

For Canadian Citizens: Port of Entry Application

Canadians benefit from a visa waiver for TN. No consular visa appointment is required for Canadian TN applicants. Instead, Canadians may apply for TN status on the spot at U.S. ports of entry (land border crossings) or pre-flight inspection stations at Canadian airports with U.S. Customs and Border Protection (CBP) officers. The process is often same-day:

• When and Where to Apply: You can request TN status when you are entering the U.S. for your job. Common practice is to drive to a major border crossing or go to a designated airport (e.g. Toronto Pearson pre-clearance) during business hours. CBP has certain ports optimized for TN/L-1 processing, so using those can be smoother. No appointment is needed at land borders – it’s first-come, first-served.
  
  
• What to bring: Key documents include proof of Canadian citizenship (valid passport), and the critical support letter from the U.S. employer explaining the TN role, plus your proof of qualifications (original diplomas, transcripts, licenses, etc.). It’s also wise to carry a resume and any certifications. At the border, you’ll present these to the CBP officer and request admission in TN status.
  
  
• Interview/Adjudication: The CBP officer will review the letter and evidence, and may ask you questions about the job duties, your background, and how long you intend to stay. This is essentially an on-the-spot adjudication of your TN eligibility. The process can be as short as 15-30 minutes, or longer if secondary inspection is needed. If approved, the officer will issue an I-94 record noting TN status and an expiration date up to 3 years in the future (based on the length requested in the letter). You will typically pay a small fee (about $50 for TN processing and $6 for the I-94; fees may vary) before they hand over your I-94 or stamp your passport.
  
  
• Timeline: This is the fastest route – you can literally obtain TN status the same day you travel. Many Canadians will do a “border run” shortly before their job start date. We recommend traveling during business hours to ensure a CBP supervisor is present in the event any questions arise at the time of your application.

If everything is in order, you are admitted as TN and can immediately begin work. If there’s a problem (insufficient documentation or the officer isn’t convinced), you might be denied entry in TN.

Often, CBP will allow you to withdraw your application and turn back to Canada rather than issuing a formal denial. This gives you a chance to regroup (perhaps get a better support letter or additional proof) and try again, potentially at a different port or after addressing the issue.

For Mexican Citizens: U.S. Embassy or Consulate Application

Mexican citizens must follow a more conventional visa application process:

• Consular Application: First, you need to complete the State Department’s DS-160 online visa application, pay the standard visa application fee (currently $185), and schedule an interview at a U.S. Embassy or Consulate in Mexico. Major consulates like Mexico City, Guadalajara, Monterrey, Tijuana, etc., are experienced with TN visa applications. Wait times for interviews can vary, but TN visas are generally prioritized as business visas, so you might get an appointment in a matter of days or a few weeks depending on demand.
  
  
• Documentation: You will bring to the interview largely the same set of documents: passport, the U.S. employer’s support letter, proof of your degree and qualifications, and any additional supporting documents (some consulates may have a checklist – always check the consulate’s specific instructions). It’s also prudent to bring proof of ties to Mexico (to demonstrate nonimmigrant intent, e.g., property, family) although TN by definition requires nonimmigrant intent, consular officers will mainly focus on the job qualifications since TN is a non-dual intent category.
• Interview: The consular officer will verify that your profession and qualifications meet TN requirements and that you intend to work temporarily. If approved, your passport will be taken to place the visa stamp. As of 2023, Mexican TN visas can be issued with validity up to 4 years (48 months) instead of the previous 1-year limit. You have the option to request a 4-year multiple-entry TN visa (paying a reciprocity fee of about $382) or a 1-year multiple-entry visa (with a fee around $104). Choosing the 4-year visa is usually beneficial, as it reduces how often you need to renew the visa. (Note: Regardless of the visa’s validity, each entry into the U.S. in TN status is still generally limited to 3 years of stay at a time. The longer visa just means you can travel freely for four years without needing a new visa, but after three years in one stay you’d have to exit and re-enter to get another TN period.)
  
  
• Entering the U.S.: Once you have the TN visa in your passport, you may travel to a U.S. port of entry (by air or land) and request TN status admission from CBP. The CBP officer will inspect your visa and documents. Typically, if the visa was issued, the inspection at entry is straightforward, but they may still ask for your support letter or proof of continued eligibility. Upon entry, CBP should issue an I-94 for up to 3 years (be sure to double-check the I-94 date on your passport stamp or online, because historically some officers limited the stay to the visa expiration by mistake; if that happens, it can be corrected by a CBP Deferred Inspection office as the policy allows the full 3 years). However, CBP will not correct I-94s that were shortened to passport expiration dates.
  
  
• Timeline: From start to finish, the Mexican TN process may take a few weeks (time to gather documents, wait for an interview, and visa processing which is usually a few days for the passport to be returned).

USCIS (I-129 petition) Petition for the TN Visa:

Both Canadian and Mexican TN candidates have the option for their U.S. employer to file a Form I-129 petition with U.S. Citizenship and Immigration Services (USCIS) to secure TN status approval.

The I-129 petition is commonly used when a TN professional is already inside the U.S. in another status (for example, a Canadian on a tourist status who got a job offer, or someone on F-1 OPT who wants to change to TN without leaving). Filing an I-129 allows a change of status to TN internally. It’s also used for extensions of TN while the person remains in the U.S. (so they don’t have to exit and re-enter). For Canadians abroad, an I-129 is optional – they can just go to the border – but an employer may choose to petition if, say, the Canadian candidate or employer feels more comfortable with a USCIS determination first. For Mexicans abroad, it’s usually not necessary to do an I-129 and a visa; the consulate alone is sufficient. (If a U.S. employer files an I-129 for a Mexican outside the US, the approval notice can help at the consulate, but the applicant will still need a TN visa stamp.)

Process: The U.S. employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS, with a TN supplement or cover letter specifying the TN profession and including the same support evidence (degree, job offer letter, etc.). The petition can request up to 3 years of TN status. 

USCIS fees (2025):

• $1,615 total for regular cases ($1,015 I-129 filing fee + $600 Asylum Program Fee).

• $810 total for small employers ($510 I-129 filing fee + $300 Asylum Program Fee).

Premium Processing is available for $2,805 (15 business days). Regular processing typically takes 1–3+ months depending on USCIS workload.

After Approval: If the I-129 is approved and the beneficiary is inside the U.S., USCIS will issue an approval notice with a new I-94 attached, indicating the change of status to TN and the validity dates. The employee can begin or continue working under TN status immediately from the start date. If the person is outside the U.S. when an I-129 TN is approved (common for a Canadian), the approval notice can be taken to the border as additional evidence, but Canadians don’t actually need the approval notice to request TN at the port of entry – it just serves as a pre-vetting. (Mexican citizens with an approved I-129 would still go to the consulate to get the visa, presenting the I-797 approval as part of their application).

Pros and Cons: The USCIS petition route provides an official record and can be reassuring if border agents are unpredictable. It’s also useful for change-of-employer scenarios (the new employer can file a petition while the worker is still in the U.S., as discussed in Section 6). USCIS filings may also be advised for more complex/borderline cases, such as where job duties don’t map perfectly to a TN profession (e.g., borderline Engineer vs. Computer Systems Analyst), as having a USCIS approval in hand reduces the chance of a discretionary denial at the border.

However, it’s slower and costlier than the border approach – and if you’re a Canadian near a border, it’s often faster to just get TN in person. Another consideration: USCIS sometimes issues Requests for Evidence (RFEs) on TN petitions if they doubt the role fits a TN profession, which can add weeks. In contrast, at the border you generally get a yes or no the same day.

Maintaining Your TN Status: Obligations and Extensions

Maintaining TN status requires adherence to specific rules and prompt action regarding any changes to your employment or duration of stay.

Duration of Stay and Extensions: Understanding the Limits

TN status is initially granted for up to three years at a time, but it can be renewed indefinitely in increments of up to 3 years, provided the requirements continue to be met and the employment remains “temporary.”

1. Travel and Re-entry: The simplest way for many TN holders (especially Canadians) to renew is by leaving the U.S. at the end of the current TN period and reapplying for a new TN with an updated support letter, following the same procedure as the initial application at the border or consulate. This is often referred to as renewing by travel. For example, a Canadian TN that is expiring could drive to Canada the day before expiration and re-enter with a new TN letter from their employer to get another 3-year stay.
   
   Mexican TN holders would similarly schedule a consular appointment in advance of expiry to get a new TN visa and then re-enter to refresh their status. This approach is essentially identical to a first-time application and requires the same documentation each time. There is technically no limit to how many times you can do this. However, note that if someone has had many consecutive TN renewals, a CBP officer might start questioning whether the stay is truly temporary.
   
   
2. USCIS Extension (Form I-129): Alternatively, the TN worker’s employer can file a petition to extend status inside the U.S. using Form I-129, without the TN holder having to depart. This is convenient if travel is difficult. The petition must be filed before the current TN expires (USCIS can accept an extension up to 6 months prior to expiration). If the extension is timely filed, the TN employee is authorized to continue working for up to 240 days past the expiration while the petition is pending, under USCIS regulations. In practice, with premium processing, an extension can be approved within 2 weeks, avoiding any gap. The extension petition needs a new employer letter (or a statement that the employment is continuing in the same role) and proof that the TN holder is still in status (copy of I-94, pay stubs, etc.). Once approved, USCIS will issue a new I-94 with the extended date. If the TN has dependents, the dependents should file Form I-539 to extend TD status in parallel; if not, their TD will expire even if the TN is extended, so this is important.

Changing Employers: New Application Required

TN status is employer-specific – you are only authorized to work for the employer (or employers) who sponsored your TN. If you change employers, you must get a new TN reflecting that new employer before you start work there. You cannot simply transfer jobs freely as one might when holding a green card or citizenship. Here’s how to handle job changes:

• New Job Offer (Different Company): If you leave your current TN employer for a new job with a different company (even in the same profession), you have two options to get TN authorization for the new employer:
  
  1. Leave the U.S. and re-enter with a TN application for the new employer. For Canadians, this means getting a support letter from the new company and going to the border to get a new TN. For Mexicans, it means applying for a new TN visa at the consulate for the new job (unless the prior TN visa is still valid and you can reuse it with just a new letter at the border – however, formally, a new job = new petition, so most would go through the consulate again to avoid any confusion). This approach can be done immediately and you can start the new job as soon as you re-enter with the new TN.
  2. Have the new employer file an I-129 petition to change employers while you remain in the U.S. Once USCIS approves the change-of-employer petition, your status is transferred to the new employer and you can start work. Important: Unlike H-1Bs, TNs do not have a built-in portability provision that lets you start the new job upon filing the petition. You must generally wait for the approval before starting the new job (or take option 1 and travel to get it quicker). Premium processing can help speed up the petition to 15 business days if needed.
     
     
• Two Jobs at Once (Concurrent Employment): TN regulations allow for working for multiple employers concurrently, as long as each job separately qualifies for TN and each employer is documented. For example, a professor could teach at two universities, or an accountant could work part-time for two firms. In such cases, you need either two TN petitions or to request both TNs at the border. Typically, if doing it at a port of entry, you’d present two support letters (one from each employer) and CBP can issue one I-94 listing both employers or two I-94s. With USCIS, you can file a concurrent TN petition (the form has options to indicate additional employer). You must always have a TN for each employer; you cannot use one TN to cover two employers. If you drop one job, it doesn’t affect the other as long as that other TN is still valid. Note that each TN employment requires independent authorization covering the specified employment period, but the most recent I-94 controls the overall admission period.
  
  
• Promotions or Role Changes with Same Employer: If you change positions with the same employer but remain in the same TN profession category (e.g., you were a “Junior Engineer” and now you’re a “Senior Engineer” doing higher-level duties, but still clearly an Engineer role), you generally do not need a new TN. The TN is tied to the employer and profession. However, if the nature of your job changes so much that it might be considered a different TN category, you should play it safe and get a new TN.
  
  For instance, if a TN was hired as an Engineer but now is moving into a pure management role that doesn’t involve engineering tasks, that might no longer fit the “Engineer” category. Similarly, if a TN Economist at a firm shifts to a Marketing Manager role, that role isn’t on the TN list, so a TN wouldn’t cover it. In such cases, the company would either need to obtain a different visa for the employee (like H-1B) or the employee should not take that role unless they can spin it under a TN category (sometimes a promotion can be framed as still within the field – use judgment and legal advice). When in doubt, you can file an amendment via I-129 with USCIS to reflect a material change in job duties for the same employer. TN rules don’t explicitly require amendments for changes, but it’s a precaution to ensure continued compliance if the job is substantially different.
• Termination or Quitting: If your TN employment ends early (you resign or are terminated before the TN expiry date), your lawful TN status in the U.S. ends as of that date (since you are no longer employed as described). However, U.S. regulations provide a grace period of up to 60 days for many work visa holders, including TNs, in the event of early termination. Under this rule (effective since 2017), if a TN worker loses the job, they may remain in the U.S. for up to 60 days or until the TN’s normal expiration date (whichever comes first) to seek new employment or make arrangements to depart. During this grace period, they cannot work (it’s time to transition, not continue working). If a new employer files a TN petition or they obtain another status within those 60 days, they can continue to stay. This grace is discretionary, but generally honored. It applies even if you quit voluntarily. Note that the 60-day grace is typically given once per authorized TN validity period – if you used it and then got another TN, that new TN resets the clock (you could get another grace if that job ends, etc., but not multiple 60-day periods back-to-back in one stay).
  
  
• No Automatic Portability: It’s worth reinforcing: Do not start working for a new employer until you have TN permission for that employer. Some employers or even border officers misunderstand this, because H-1B visas have a rule allowing work upon filing new petition (portability). TN does not have that statutory portability. Working for a non-authorized employer, even for a day, is considered unauthorized employment and a violation of status, which can jeopardize your current TN and future ones. The safest approach if changing jobs is a short trip out and back to get the new TN immediately, especially for Canadians. For Mexicans, maybe premium process the petition or be prepared for a short gap.
  
  
• Amending TN for location changes: Unlike H-1B, TN has no LCA tied to a location, so moving work location (e.g. office moves, or you relocate to another branch of the same company in another state) does not require a formal amendment, as long as it’s the same employer and same job. It’s good practice to carry an updated letter reflecting the new location when you travel, but USCIS/CBP do not require anything if the employer and role remain the same. However, TN workers (like all nonimmigrants) are required to notify USCIS of any personal residential address changes within 10 days of the move via MyUSCIS.
  
  
• Furloughs or Leaves: If you go on an unpaid leave or get furloughed, it’s a gray area. Technically, if you are not performing the TN job, one could argue you’re not maintaining status. Short vacation, sick leave, maternity leave etc., are generally fine as long as the employment relationship continues. But a very prolonged unpaid leave could raise status issues. If in doubt, consult counsel, but generally if the company still considers you an employee and you intend to resume work, TN status continues.
  
  
• If TN Extension is Denied: Suppose your employer filed an extension petition before your TN expired, you kept working under the 240-day rule, but then USCIS denies the extension. In that case, your TN status would be considered expired and you would have to stop work immediately and leave the U.S. (there is no grace after a denial beyond perhaps immediate packing). Often, people in that situation might try going to the border to see if CBP will issue a TN (maybe USCIS was too strict). However, a denial could indicate a serious issue (like the job not qualifying), which CBP might also uphold. It’s better to avoid this scenario by filing well-prepared extensions or using the border approach if USCIS seems iffy. Note that CBP will see the prior denial in the system and may be influenced by it. If the USCIS denial was recent and you immediately try at the POE with the same weak evidence, officers may treat it skeptically. If re-applying following a denial, it’s important that the support letter, job description, and degree credentials be consistent. Contradicting what was filed with USCIS can raise credibility issues.
• 60-Day Grace Usage: If you utilize the 60-day grace after termination and don’t find a new job, you are expected to depart the U.S. before or at the end of those 60 days or your I-94 expiration date, whichever is sooner. Overstaying even by a little could void your existing visa and complicate future applications. If you need a bit more time beyond 60 days, one strategy is applying to change status to visitor (B-2) to “buy time,” though that has its own risks. Most TN holders either secure another TN or depart promptly.
• Return of I-94: When you eventually leave the U.S. after finishing TN employment, be sure your I-94 record is closed out (nowadays it’s electronic and airlines notify departure, but if you drove out to Canada, CBP will note exit when you cross usually). Keeping proof of your exit (stamps, etc.) is wise, to show you didn’t overstay.

Family Members: TD Visas for Dependents

One of the benefits of TN status is that it allows the principal’s immediate family to accompany them to the United States. The TD (Trade Dependent) visa/status is available for the spouse and children (unmarried, under 21) of a TN professional. Here’s what families should know about TD status:

• No Employment for TDs: TD visa holders are not authorized to work in the U.S.. This is a key limitation. Unlike some other dependent visas (L-2 or certain H-4s) that allow work authorization, TD spouses cannot accept employment or earn income in the U.S. If a TD spouse or child wants to work, they must obtain their own independent work visa. (For instance, if the spouse qualifies for TN in their own right as a Canadian/Mexican professional with a job offer, they could pursue their own TN; or an H-1B, etc. But TD itself carries no work privileges.)
• Study and School: TD dependents can study in the U.S. full-time or part-time. Children on TD can attend school (K-12) without any additional visa (they simply enroll as resident students based on the TN holder’s residence). Spouses on TD can also enroll in academic courses or even full university programs. There is no need to change to an F-1 student visa unless they prefer to (some do if they want the benefits of F-1 like OPT later, but it’s not required). It’s important the TD’s primary purpose is as a dependent; studying is allowed as an activity.
• Duration of TD Status: TD status is granted for the same period as the principal TN’s stay. When a TN is admitted or extended to a certain date, the TD spouse/children will be given that same end date on their I-94s. TD status is entirely contingent on the TN’s status. If the TN’s status ends, the TDs lose their status as well.
  
  
• Canadian vs. Mexican Dependents: The process for TD status depends on the citizenship of the dependents:
  
  
  
  • If the spouse or child is a Canadian citizen, they, like the TN holder, do not need a visa. They can accompany the TN holder to the border or arrive later, and simply request TD status from CBP by showing proof of their relationship. They should carry a passport (or at least a birth certificate if a minor child, though passport is preferable since air travel requires it) and evidence of the relationship – marriage certificate for spouse, birth certificate for child. The TN holder’s documentation (copies of the TN’s I-94 or approval notice and proof the TN is maintaining status) should also be provided. CBP will then issue an I-94 for TD. This can be done at the same time as the TN application or separately.
  • If the spouse or child is a Mexican citizen, they must apply for a TD visa at a U.S. consulate, similar to how the principal needs a TN visa. Typically, when the TN principal applies for their TN-2 visa, the spouse and kids apply for TD visas concurrently. Each will need a DS-160 form and an interview (often the family is interviewed together). Proof of the family relationship (marriage/birth certificates) will be required. Once issued, the TD visa (usually annotated to show principal’s name) allows the dependents to travel to the U.S. The TD visa for Mexicans can also be issued for up to 4 years with a reciprocity fee (the same durations as the TN-2 visa) in recent updates.
    
    
  • If the dependents are neither Canadian nor Mexican citizens (e.g., TN holder is Canadian, but spouse only has citizenship of a third country), those dependents are treated like any other third-country nationals – they would need to apply for a TD visa at a U.S. consulate (in their home country or where residing) before coming to the U.S.. There is no quota or difficulty in getting a TD visa for third-country dependents as long as the principal’s TN is established and the relationship is legitimate, but they must follow the normal visa process since only Canadian/Mexican citizens have the NAFTA privilege.
    
    
• Applying for TD at Port of Entry (Canadians): A Canadian TD can simply arrive at the U.S. border (ideally with the TN holder, but they can come later separately as well) and request TD status. They should present:
  
  
  
  • Proof of Canadian citizenship (passport).
  • Proof of relationship: marriage certificate for spouse, birth certificate for each child. If documents are not in English, have translations.
  • Copy of the TN holder’s TN approval/entry documents: For example, a copy of the TN’s I-94, TN visa (for Mexicans), or at least details of the TN’s status (since if coming together, the officer can verify the TN principal at the same time). Basically, show that the principal is either entering in TN simultaneously or is already in the U.S. in valid TN status.
  • CBP will then issue the spouse/child a TD I-94, usually without hassle, as long as the TN is valid. A $6 fee (for I-94 issuance) may be charged.

Common Pitfalls and How to Avoid Them

Navigating the TN visa process requires meticulous attention to detail. Several common errors frequently lead to application denials.

TN Petitioner Must be U.S. Employer

For TN purposes, the petitioner must always be a U.S. entity—either a U.S. company, organization, or in some cases a U.S. agent—because TN status only authorizes employment or professional services for a U.S. employer or U.S. client. A Canadian or Mexican company on its own cannot serve as the TN petitioner unless it maintains a legally established U.S. branch, affiliate, or subsidiary through which it employs the professional in the United States. This requirement applies across all TN categories, including the Management Consultant classification: while consultants may be engaged as independent contractors rather than employees, the engagement must still be with a U.S. client who signs the support letter and sponsors the TN application. In practice, this means that Canadian companies seeking to deploy staff into the U.S. must either (i) contract with a U.S. client who will serve as the petitioner, or (ii) establish a U.S. entity to act as the direct employer.

Failure to Demonstrate Non-Immigrant Intent: A Critical Requirement

For TN visas, applicants must demonstrate a clear intent to return to their country of origin upon the completion of their temporary employment.

TN status requires a temporary intent – in other words, you cannot use TN if you intend to immigrate to the U.S. permanently. The USMCA/NAFTA definition of “temporary entry” is explicitly defined as entry without the intent to establish permanent residence. This doesn’t mean you can’t live in the U.S. for many years (as seen, TN can be renewed indefinitely), but it does mean each TN admission or extension is predicated on you stating that you will depart after the job is done. Unlike H-1B or L-1 visas, TN has no dual intent provision.

How can Alma Help

Alma attorneys guide clients through the most common roadblocks in TN visa applications via a fast and efficient process.

Right after the initial consultation, we provide an honest assessment of whether your case is likely to meet the standards that have resulted in approvals. Once you choose to proceed, you are onboarded to Alma’s in-house platform, where you can securely share documents, track progress, and receive automatic updates on every step.

We create a tailored checklist for each client and carefully review all supporting evidence to ensure it aligns with USCIS requirements. All petitions and filings are prepared and double-checked by experienced immigration attorneys to guarantee accuracy and consistency. Clients communicate directly with the attorney handling their case, whether through email or Alma’s platform, ensuring quick answers and expert guidance at every stage.

• 1-Week Turnaround – Once your documents are ready, Alma can prepare and file your TN application in as little as one week.
• Direct Attorney Access – Every case is managed by a licensed immigration lawyer with extensive TN visa experience.
• Streamlined Platform – Alma’s in-house technology tracks SLAs, sends reminders, and keeps your process organized from start to finish.

With years of experience handling complex U.S. work visas, Alma attorneys help employees and employers avoid common pitfalls, navigate requirements with confidence, and achieve a smooth path to TN approval.

Schedule a free immigration consultation to get a clear understanding of your O-1 options and how Alma can guide you through the process.

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