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TN Visa

TN Visa for Employers: Hiring a Canadian or Mexican Professional

By Growth FLPC

Attorney Advertising. Kyle Farmer, attorney, is responsible for this content. Farmer Law PC, Austin, Texas. General information, not legal advice.

Short answer: TN status lets a U.S. employer hire a citizen of Canada or Mexico for a prearranged full-time or part-time job in one of the professions listed in the USMCA, if the worker has that profession’s required credentials. There is no annual cap and no lottery. Canadian citizens usually apply at the border, a U.S. airport handling international traffic, or a pre-clearance station, with a letter from the employer. Mexican citizens first get a TN visa at a U.S. embassy or consulate. Each grant of TN status lasts up to three years and can be extended with no fixed overall limit, as long as the stay stays temporary.

Who qualifies

USCIS lists five conditions. The worker:

  • is a citizen of Canada or Mexico (residence alone isn’t enough)
  • works in a profession listed in the USMCA
  • is filling a position that requires that professional
  • will work in a prearranged full-time or part-time job for a U.S. employer or entity
  • has the qualifications the profession requires

The employer can be almost any kind of U.S. enterprise. USCIS guidance says it may take any legal form, for-profit or not, private or government-owned.

The list of professions

The professions are set out in Appendix 2 to Annex 16-A of Chapter 16 of the USMCA. Under NAFTA, this list was Appendix 1603.D.1, and some USCIS guidance still uses that name. The U.S. regulation, 8 CFR 214.6(c), repeats the list with the minimum credential for each. A few examples:

Profession Minimum credential (from the list)
Engineer Baccalaureate or Licenciatura degree, or a state/provincial license
Accountant Baccalaureate or Licenciatura degree, or C.P.A., C.A., C.G.A., or C.M.A.
Computer Systems Analyst Baccalaureate or Licenciatura degree, or a post-secondary diploma or certificate plus three years of experience
Management Consultant Baccalaureate or Licenciatura degree, or five years of qualifying experience
Registered Nurse State/provincial license, or Licenciatura degree
Scientific Technician/Technologist Theoretical knowledge of a listed science plus practical ability, working in direct support of professionals in that science

USCIS also requires that the position itself call for a professional in that field. The job’s actual duties matter, not only its title.

The employer’s support letter

TN applications are usually built around a letter from the U.S. employer, backed by the worker’s diplomas, degrees, or licenses. Under 8 CFR 214.6(d)(3), the documents must fully confirm:

  1. The worker’s profession on the USMCA list
  2. A description of the professional activities, including a brief summary of daily duties if appropriate
  3. The anticipated length of stay
  4. The worker’s educational qualifications or credentials
  5. The arrangements for pay

A degree from a school outside Canada, Mexico, or the United States must come with an evaluation from a reliable credentials evaluation service.

How the worker gets TN status

Canadian citizens. The worker presents proof of Canadian citizenship, the employer’s letter, and credentials to a CBP officer at a port of entry, a U.S. airport handling international traffic, or a pre-clearance station. USCIS approval isn’t required first. The USMCA bars “prior approval procedures, petitions, labor certification tests” as a condition of TN entry. CBP has designated certain ports for faster processing of first-time TN applicants, but first-timers may still use any port on the Canadian border. As an option, the employer can file Form I-129 with USCIS for a Canadian worker who is outside the United States. USCIS says premium processing is available for that filing.

Mexican citizens. The worker applies for a TN visa at a U.S. embassy or consulate in Mexico, then presents a valid passport and the TN visa at a port of entry. More detail is in our TN guide for Mexican citizens.

Workers already in the United States in another status can ask USCIS to change their status to TN on Form I-129, with the employer’s offer letter and proof of qualifications.

What TN doesn’t cover

  • Self-employment. TN can’t be used to work for a business the worker owns or controls. The regulation treats a professional as self-employed if they will provide services to a company of which they are “the sole or controlling shareholder or owner.” USCIS also looks at whether the worker founded the business, controls it in practice, or is its main source of income. A Canadian or Mexican founder may want to look at the E-2 treaty investor visa instead.
  • A permanent move. TN entry must be temporary. The worker has to satisfy the officer that the assignment will end at a predictable time and that they will leave when it does. If you’re thinking about sponsoring a TN worker for a green card, plan the timing before you start.
  • Strikes. If the Secretary of Labor certifies that a strike or lockout is in progress, TN entry can be refused where it could affect the dispute.

After the hire: changes that need a new filing

  • A new or added employer. Each employer needs its own approval. A second employer, or a new one, must file Form I-129, or the worker must apply again at the border or consulate with the new employer’s letter. The worker can’t start the new job until it’s approved.
  • Moving within your company. No new filing is needed to transfer a TN worker to another branch or office of the same employer doing the same work. A transfer to a separately incorporated subsidiary or affiliate does need one.
  • Extensions. To keep the worker past the end date without travel, the employer files Form I-129 while the worker is in the United States. Each extension can be up to three years. More in TN renewal and changing employers.
  • Family members. A TN worker’s spouse and unmarried minor children can hold TD status. They can study but can’t work.

FAQ

Is there a cap or lottery for TN?
No. The USMCA bars numerical limits on TN entry, so there is no annual cap and no lottery.

Does the employer have to file a petition with USCIS?
Not for a Canadian citizen applying at the border; filing Form I-129 first is optional. A Mexican citizen needs a TN visa from a U.S. embassy or consulate. Extensions and changes of employer inside the United States are filed with USCIS on Form I-129.

Can a TN job be part-time?
Yes. USCIS says the job can be a prearranged full-time or part-time position.

Can a TN professional work for a company they own?
Generally, no. TN doesn’t allow self-employment, and a professional who will provide services to a company they solely or mainly own or control is treated as self-employed.

How long can a TN worker stay?
Each admission or extension lasts up to three years. There is no specific limit on the total time, as long as the worker keeps working at a professional level for a U.S. employer, keeps their status, and still intends to stay temporarily.

Can a TN worker’s spouse work in the United States?
Not in TD status. A TD spouse or child may study but may not accept employment.

Sources (checked 2026-10-19)

  • 8 CFR 214.6, eCFR (current as of 10/15/2026): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.6
  • USMCA Chapter 16, Section D and Appendix 2 (USTR): https://ustr.gov/sites/default/files/files/agreements/FTA/USMCA/Text/16_Temporary_Entry.pdf
  • USCIS, TN USMCA Professionals (last reviewed 06/04/2025): https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-usmca-professionals
  • USCIS Policy Manual, Volume 2, Part P, Chapters 1, 2, 4 and 5: https://www.uscis.gov/policy-manual/volume-2-part-p
  • CBP, Traveling on a TN or L1 Visa from Canada?: https://www.cbp.gov/travel/canadian-and-mexican-citizens/traveling-tn-or-l1-visa-canada

Attorney Advertising. Kyle Farmer is the attorney responsible for this website. Farmer Law PC’s principal office is in Austin, Texas. Past results do not guarantee a similar outcome. Using this site or contacting us does not create an attorney-client relationship. Please don’t send confidential information until we confirm we can represent you. This article is general information, not legal advice.