TN

TN Status (USMCA Professional Workers)

This classification is available as a part of the USMCA (United States, Mexico, Canada Agreement, previously the North American Free Trade Agreement (NAFTA). Only Canadian and Mexican citizens are eligible for TN status. The TN classification allows Canadian and Mexican citizens to be admitted to the U.S. temporarily to engage in business activities at a professional level. “Professional level” refers to those undertakings which require that the individual possess at least a baccalaureate degree or appropriate credentials in a profession set forth in Appendix 2 of the USMCA (see page 12, 16-A-2-1). The “business activities” must be employment or other prearranged business activities in a USMCA-eligible profession, for a United States or foreign entity. The TN status holder may not be self-employed. Temporary entry, as defined in the USMCA, means entry without the intent to establish permanent residence. The TN applicant must satisfy the U.S. consular officer or inspecting immigration officer that the proposed stay has a reasonable, finite end that does not equate to permanent residence.

There are several advantages of the TN status: (1) “relative ease” of obtaining TN status through travel, (2) no total maximum time limit for holding TN status (renewable in 1 to 3-year increments), (3) relative ease in changing to or extending TN status within the U.S.

More information on requesting TN status available here.