TN Visa under USMCA for Canadians
You must have a job offer from a U.S. employer before applying for TN status. You cannot apply on your own without such an offer of employment.
The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico. Though the term “visa” is often used, Canadians are not actually issued a TN “visa.” Instead, they are admitted in TN status if approved.
As of July 2020, TN visas are being issued under the newly formed United States-Mexico-Canada Agreement (USMCA). While NAFTA no longer exists, Appendix 1603.D.1 that governs TN visas has been incorporated into the USMCA, and the procedure and criteria remain the same.
List of TN Occupations and Professions under Appendix 1603.D.1
Below is the list of occupations and mandatory education and experience that are eligible for TN visas. If your occupation is not on the list, or if you do not meet the education/experience requirement for a particular occupation, you will not be eligible for TN status.
Profession | Education and Experience Requirements |
General | |
Accountant | Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. |
Architect | Baccalaureate or Licenciatura Degree; or state/provincial license |
Computer Systems Analyst | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Disaster Relief Insurance Claims Adjuster | Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims |
Economist | Baccalaureate or Licenciatura Degree |
Engineer | Baccalaureate or Licenciatura Degree; or state/provincial license |
Forester | Baccalaureate or Licenciatura Degree; or state/provincial license |
Graphic Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
Industrial Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Interior Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Land Surveyor | Baccalaureate or Licenciatura Degree; or state/provincial/federal license |
Landscape Architect | Baccalaureate or Licenciatura Degree |
Lawyer | LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar |
Librarian | M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
Management Consultant | Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement |
Mathematician and Statistician | Baccalaureate or Licenciatura Degree |
Range Manager and Range Conservationalist | Baccalaureate or Licenciatura Degree |
Research Assistant | Baccalaureate or Licenciatura Degree |
Scientific Technician and | Possession of: |
Social Worker | Baccalaureate or Licenciatura Degree |
Sylviculturist and Forestry Specialist | Baccalaureate or Licenciatura Degree |
Technical Publications Writer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Urban Planner and Geographer | Baccalaureate or Licenciatura Degree |
Vocational Counsellor | Baccalaureate or Licenciatura Degree |
| |
Medical/Allied Professional | |
Dentist | D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license |
Dietitian | Baccalaureate or Licenciatura Degree; or state/provincial license |
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Nutritionist | Baccalaureate or Licenciatura Degree |
Occupational Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license |
Pharmacist | Baccalaureate or Licenciatura Degree; or state/provincial license |
Physician (teaching or research only) | M.D. or Doctor en Medicina; or state/provincial license |
Physiotherapist or Physical Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license |
Psychologist | State/provincial license; or Licenciatura Degree |
Recreational Therapist | Baccalaureate or Licenciatura Degree |
Registered Nurse | State/provincial license; or Licenciatura Degree |
Veterinarian | D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license |
| |
Scientist | |
Agriculturist | Baccalaureate or Licenciatura Degree |
Animal Breeder | Baccalaureate or Licenciatura Degree |
Animal Scientist | Baccalaureate or Licenciatura Degree |
Apiculturist | Baccalaureate or Licenciatura Degree |
Astronomer | Baccalaureate or Licenciatura Degree |
Biochemist | Baccalaureate or Licenciatura Degree |
Biologist | Baccalaureate or Licenciatura Degree |
Chemist | Baccalaureate or Licenciatura Degree |
Dairy Scientist | Baccalaureate or Licenciatura Degree |
Entomologist | Baccalaureate or Licenciatura Degree |
Epidemiologist | Baccalaureate or Licenciatura Degree |
Geneticist | Baccalaureate or Licenciatura Degree |
Geologist | Baccalaureate or Licenciatura Degree |
Geochemist | Baccalaureate or Licenciatura Degree |
Geophysicist or Oceanographer | Baccalaureate or Licenciatura Degree |
Horticulturist | Baccalaureate or Licenciatura Degree |
Meteorologist | Baccalaureate or Licenciatura Degree |
Pharmacologist | Baccalaureate or Licenciatura Degree |
Physicist | Baccalaureate or Licenciatura Degree |
Plant Breeder | Baccalaureate or Licenciatura Degree |
Poultry Scientist | Baccalaureate or Licenciatura Degree |
Soil Scientist | Baccalaureate or Licenciatura Degree |
Zoologist | Baccalaureate or Licenciatura Degree |
| |
Teacher | |
College | Baccalaureate or Licenciatura Degree |
Seminary | Baccalaureate or Licenciatura Degree |
University | Baccalaureate or Licenciatura Degree |
Advantages of TN Status
There are several advantages to applying for a TN status. First, TN status is granted for three years, the same duration as an H-1B visa.
Second, TN status is easier obtain than other work visas, such as the H-1B visa. There are two ways to apply for a TN status: 1) in person at a port of entry (POE) to the United States, such as a major Canadian airport or a land border; or 2) the employer files a petition to USCIS.
Should I apply for TN status at a port of entry or through USCIS?
Applying for TN status at a port of entry has several advantages. First, the cost is much less than applying through USCIS. Second, CBP officers will make a decision whether to approve a TN application immediately. On the other hand, applying for TN status through USCIS will take longer and cost the employer much more in legal fees and filing fees. If you are denied TN status at the port of entry, you will be told the reason why and you can attempt to cure any deficiencies in a new application. If TN status is denied by USCIS, it takes a lot longer – and a lot more money – to obtain a favorable decision. You may also be required to leave the United States during this time.
Other disadvantages of TN status
One disadvantage to TN status is that it only applies to a specific group of professions. Specifically, you must qualify under one of the 60+ professions on the professional occupations list in order to be eligible for TN status. Most of these professions require an advanced degree, or at least a bachelor’s degree in a particular area. Other professions require a degree or post-secondary diploma plus verified experience.
A second disadvantage of TN status is that the Canadian citizen must demonstrate an intention to return to Canada upon the expiration of TN status. This is not usually an issue when it is an applicant’s first application. But how does one demonstrate an intent to return to Canada if he/she has been in the U.S. for nine years in TN status and is seeking another three years? By this time, a CBP officer may conclude that the applicant has no intention to return to Canada and thus deny the renewal. If a Canadian citizen has been in TN status for several years, he or she should speak with an immigration lawyer about changing to another visa category, such as an H-1B visa.
A third disadvantage to TN status is that it is more difficult to apply for an employment-based green card. The reason goes back to the “intent to return” rule. If you apply for a U.S. green card while in TN status, this may contradict your stated intent to return to Canada. There are ways to apply for an employment-based green card while in TN status. Contact an immigration lawyer who is experienced in TN to Green Card cases to discuss the logistics for this type of situation.
