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TN Visa

TN Workers Through Staffing Agencies and Consulting Firms

By Growth FLPC

By Kyle Farmer, Farmer Law PC, Austin, Texas.

Last reviewed: November 9, 2026.

Short answer: A staffing agency or consulting firm can employ a TN worker and place them at a client, but only for a specific, identified professional position. An agency cannot hire a TN worker first and look for a placement later. The employer letter must show prearranged professional work, and a move to a different client entity may need a new filing.

If you’re a staffing or consulting firm placing Canadian or Mexican professionals, or a TN worker placed through one, book a free 15-minute intro call.

The rule for third-party placement

TN status lets citizens of Canada and Mexico work in the United States in listed professions under the United States-Mexico-Canada Agreement (USMCA). The law is INA 214(e), and the rules are in 8 CFR 214.6. TN covers prearranged business activities at a professional level for a U.S. entity (8 CFR 214.6(b)).

State’s Foreign Affairs Manual addresses agencies directly. Working for a third-party agency is not a reason to refuse TN, but:

  • The worker must be going to work at a U.S. entity, and all the usual proof of prearranged professional employment must be there.
  • An agency cannot hire a TN professional in the hope of finding a placement.
  • The TN worker must be coming to fill a specific, identified position (9 FAM 402.17-5(A)).

For the employer side of TN in general, see our TN visa for employers page.

What the employer letter needs to show

The letter can come from the U.S. employer or, in some cases, a foreign employer, and it must cover (8 CFR 214.6(d)(3)(ii)):

  • The TN profession from the USMCA list.
  • The professional duties, including a brief summary of daily duties.
  • The anticipated length of stay.
  • The worker’s credentials that meet the profession’s minimum.
  • The pay arrangements.

For an agency placement, we also recommend that the letter or supporting documents identify the client, the project or role at the client and how long the assignment is expected to last. That is what shows a specific, identified position. Officers look at duties, not titles (9 FAM 402.17-4(A)), so the client role itself must be professional-level work in the named TN profession. Our TN visa example letter shows the basic structure.

Moving a TN worker to a new client or entity

  • Same employer, different branch or office, same duties: no new filing is needed (8 CFR 214.6(i)(3)).
  • Different employer, or a separately incorporated subsidiary or affiliate: this is treated as a change of employer. The new employer files Form I-129 for a worker in the U.S., or the worker applies for readmission or a new TN visa with the new employer’s documents. Work for the new employer cannot start before approval or readmission (8 CFR 214.6(i)(1)-(3)).
  • New client for the same agency: the agency stays the employer, but the specific position changes. Because TN is based on a specific, identified position, check with us before the move so the documents still match the work.

Common problems to avoid

  • “Bench” hiring. Bringing in a TN worker with no client assignment yet does not fit the rule.
  • Mismatched duties. A placement that turns out to be non-professional work, or a different profession than the letter names, can cause problems at the next entry or extension.
  • Self-employment. A worker cannot use TN to work through a company they solely or mainly own (8 CFR 214.6(b)).
  • Part-time and multiple assignments are possible, but each employer must be added properly (9 FAM 402.17-5(A); 8 CFR 214.6(i)).

How TN workers apply

Canadian citizens do not need a visa. You apply for admission with a CBP officer at a U.S. Class A port of entry, a U.S. airport that handles international traffic, or a U.S. preclearance or pre-flight station (8 CFR 214.6(d)(2)). You bring proof of Canadian citizenship, the employer letter and your credentials, and you pay the CBP fee on admission. An employer may choose to file Form I-129 for a Canadian outside the U.S.

Mexican citizens apply for a TN visa at a U.S. embassy or consulate, then present the passport and TN visa to CBP at the port of entry (8 CFR 214.6(d)(1)). Workers outside the U.S. don’t need a USCIS petition.

For a worker already in the U.S., the employer files Form I-129 to extend TN status, change employers, or change to TN from another status (8 CFR 214.6(h), (i); 8 CFR 248.3(a)). See TN at a port of entry vs a U.S. consulate for the two paths side by side.

Stay, renewals and limits

  • Up to 3 years per admission (8 CFR 214.6(e)).
  • No total limit on years in TN status while each stay remains temporary (8 CFR 214.6(h)(1)(iv); 9 FAM 402.17-9).
  • Temporary entry. You must show the assignment will end at a predictable time and that you will leave when it ends (8 CFR 214.6(b)).
  • No self-employment. TN does not cover work for a company of which you are the sole or controlling owner (8 CFR 214.6(b)).

See TN renewal and changing employers for later steps.

How Farmer Law PC helps

Our attorneys work with staffing agencies, IT consulting firms and their Canadian and Mexican professionals. We review placement structures, prepare employer letters that show a specific, identified position, plan client changes and handle extensions and employer changes inside the U.S.

FAQ

Can a staffing agency sponsor a TN worker?
Yes. Working for a third-party agency is not a reason to refuse TN, but the worker must be coming to fill a specific, identified professional position at a U.S. entity.

Can an agency hire a TN worker before finding a client placement?
No. State’s manual says an agency cannot hire a TN professional in the hope of finding a placement. The position must already be identified.

Does a TN worker need a new filing to move to a new client?
It depends. A move to a different employer or a separately incorporated affiliate needs a new filing or readmission. A new client for the same agency should be checked first so the documents still match the work.

What should an agency TN letter include?
The TN profession, the duties, the length of stay, the worker’s credentials and the pay. For a placement, it should also identify the client role and how long the assignment is expected to last.

Can a TN worker placed by an agency work part-time?
Yes. TN covers prearranged full-time or part-time work, and each employer must be added properly.

Talk with us

If you’re a staffing or consulting firm placing TN workers, or a TN worker placed through one, book a free 15-minute intro call with one of our attorneys, or call (512) 588-5909.