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.
Receiving a two-year green card through marriage is an important step, but it leaves another process ahead: removing the conditions on permanent residence. For couples preparing a joint Form I-751 petition, understanding the filing window and organizing evidence early can make the preparation more manageable. The starting point is your own record. Locate the green card, the notice granting residence, and copies of the earlier immigration filing. Check the date conditional residence began and the card’s expiration date. Do not calculate the next deadline solely from your wedding anniversary or the date an attorney first submitted your case. Understand the joint filing window Under 8 CFR 216.4 , a joint I-751 petition generally must be filed during the 90-day period immediately before the second anniversary of obtaining conditional permanent residence. This is a window before that anniversary, not an additional 90 days after the card expires. Preparing early and filing early are different things. You can begin gathering records well before the window opens, while coordinating the correct submission date with your attorney. A joint petition also requires the appropriate signatures, fee, and supporting documentation. Confirm the current form instructions, accepted filing method, and applicable fee when the case is ready to submit. Build a record of the marriage over time The regulation identifies several types of evidence that may help show the marriage was not entered into to evade immigration law: jointly owned property, a lease for a shared home, combined financial resources, children’s birth certificates, and statements from people with personal knowledge of the relationship. These examples do not mean every couple must have a mortgage, joint accounts, or children. The evidence should accurately reflect your circumstances. A clear explanation of how you manage your household can be more useful than forcing your relationship into a checklist that does not fit. As a practical preparation step, organize records by date and type. Review whether they help explain the course of the marriage, rather than collecting only documents created shortly before filing. Flag separate addresses, name changes, or gaps in the records for your attorney. Never alter a document to make the history appear simpler. Tell your attorney if circumstances change This article addresses joint filing. Divorce, the death of a spouse, abuse, or other significant changes may require a different filing basis or an individualized assessment. Separate waiver provisions exist, with their own requirements. A spouse’s unwillingness to sign does not, by itself, establish eligibility for every waiver. Do not assume that the joint 90-day window answers every question about a non-joint case. If the relationship changes while preparing the petition or while it is pending, inform counsel promptly. You should not need to invent a continuing relationship to seek advice about the options that may actually apply. Keep tracking the case after submission The regulation provides that conditional resident status is automatically extended, when necessary, upon receipt of a properly filed I-751 until adjudication. Proof of that status is a separate practical matter: keep the receipt notice and have counsel review its wording before relying on it for travel or employment documentation. This article does not promise a particular receipt-extension period or processing time. A missed deadline calls for prompt legal attention. The regulation allows some late joint filings where USCIS accepts a written showing of good cause, but acceptance is not automatic. Do not assume a late petition cures the problem without further review. Santos Lloyd Law Firm, P.C. can help you assess the filing window, organize relevant evidence, and identify changes that may affect your I-751 strategy. Contact the firm early enough to review the facts before the deadline approaches.
October begins a new federal fiscal year, but that does not mean every green card applicant moves to the front of the line. The Department of State’s October 2026 Visa Bulletin sets out the visa availability that applicants in family-sponsored and employment-based preference categories need to review this month.
Santos Lloyd Law Firm takes great pride in announcing that Partner Flavia Santos Lloyd has been invited to join the Fellows of the American Bar Foundation. As a highly selective global network, the organization recognizes legal professionals across both the public and private sectors who embody the absolute highest standards of the practice. Admission to this distinguished group highlights Flavia’s outstanding legal career, professional integrity, and deep impact on the legal community. Our team celebrates Flavia on this well-deserved recognition!
