The TN Visa, additional option for qualified Canadian and Mexican citizens
Kyle Huffman • August 18, 2022
Requirements for the TN visa for Canadian and Mexican NAFTA Professional Workers
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The United States’ immigration system has visa options from A to Z. With so many different types of visas available, it can be overwhelming searching for the best visa option. One visa option available for qualified Canadian and Mexican citizens seeking to work temporarily in the United States is the TN visa.
The TN visa is a result of NAFTA, the North American Free Trade Agreement. NAFTA provides special economic and trade relationships between the United States, Mexico, and Canada. The TN classification permits qualified Canadian and Mexican professionals to come to the United States temporarily to render professional services for a U.S. business.
So, who is qualified for a TN visa?
The first requirement is to be able to show proof of Mexican or Canadian citizenship.
Without citizenship in either of these countries, an individual will not be eligible to request TN classification. In addition to proving citizenship from a qualifying nation, TN applicants are required to show that they are entering the United States to render professional services. This evidence can often be in the form of a signed letter from the United States employer detailing the position and its requirements. Self-employment is not permitted as the basis for a TN visa.
Finally, an applicant for a TN visa will have to show that the position they are coming to work in is a ‘profession’ according to the definition presented by NAFTA. The complete list of professions eligible for TN status can be found here. Some of the professions listed include Accountants, Architects, Engineers, Economists, Graphic Designers, Lawyers, Social Workers, and a variety of different professions within education, medical professions, and scientific research. What nearly all of these professions have in common is that they require, at a minimum, a bachelor’s degree in a relevant field. For Mexican and Canadian citizens with a job offer for a professional position in the United States, and the ability to prove they are qualified, the TN visa is an excellent option to secure a temporary visa to live and work in the United States.
While TN visas are available to both citizens of Canada and Mexico, there are some key differences in the procedure of requesting a TN visa depending on if the Applicant is Mexican or Canadian. For citizens of Mexico, they are required to request admission to the United States in TN status prior to their entry. However, for Canadian citizens, they have the option to request TN status directly at the U.S. Port of Entry, without having previously applied for TN status.
If you believe you can meet the requirements for a TN visa, or if you have any questions about what this topic means for you, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
