Key Points to Know
- More Flexibility Under TN Status: Qualified Canadian and Mexican professionals can now request changes of status within the U.S. and obtain unlimited 3-year extensions, so long as the position remains temporary in nature.
- No Self-Employment: Self-employment is not permitted under the TN category. Only U.S.-based employers may sponsor TN applicants. Business owners and entrepreneurs should consider the E-2 Treaty Investor visa as a potential alternative.
- Strict Eligibility Requirements: Applicants must hold a qualifying profession, possess the required academic credentials or licenses, and provide a detailed employment letter that outlines temporary duties.
TN Status Under the USMCA (Formerly NAFTA)
The TN (Trade NAFTA) classification—now under the United States-Mexico-Canada Agreement (USMCA)—allows eligible Canadian and Mexican professionals to work in the United States across a broad list of designated occupations. U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to clarify who qualifies, what documentation is needed, and how to apply for TN nonimmigrant status.
At Green Card Link, our immigration attorneys guide both Canadian and Mexican nationals through every step of the TN process—from initial filings to extensions and changes of status from another nonimmigrant category (as now expressly permitted under updated USCIS guidance). Both Canadians and Mexicans may request TN status in 3-year increments, with no fixed cap on the number of extensions, provided the employer can continue to demonstrate that the assignment is temporary.
Key Highlights From Updated USCIS Guidance
1) Sponsorship Requirements
Although the TN pathway is often more streamlined than other categories, sponsorship rules still apply:
- Only U.S.-based employers or entities can sponsor a TN professional.
- Self-employment is not allowed. If the foreign national is the sole or majority owner of the U.S. entity that “employs” them, USCIS generally views this as self-employment.
- In owner-operator scenarios, the E-2 Treaty Investor visa may be a more appropriate solution.
2) Application Options for Canadian and Mexican Citizens
Canadians may apply:
- Directly at a U.S. port of entry or pre-clearance location;
- At a U.S. embassy or consulate in Canada; or
- By having the U.S. employer file Form I-129 with USCIS (for a change of status or extension).
Mexicans may apply:
- At a U.S. embassy or consulate in Mexico; or
- By filing Form I-129 with USCIS if already in the U.S. in a valid nonimmigrant status.
Changing employers or extending stay requires following the correct procedures—typically refiling with USCIS or applying for a new visa as appropriate.
3) Documentation Requirements
To qualify for TN status, applicants must generally:
- Verify that the offered position falls under the approved TN professions list;
- Hold the required credentials—most often a bachelor’s or licenciatura in the relevant field;
- Provide a detailed employment letter describing job duties, affirming the temporary nature of the role, and identifying the U.S. employer;
- Submit credential evaluations for degrees earned outside the U.S., Canada, or Mexico;
- Include employment verification letters when experience is required (CVs alone are no longer sufficient); and
- Satisfy state licensing rules when the occupation requires U.S. licensure.
4) Profession-Specific Notes
Recent guidance elaborates on how certain TN occupations are assessed, including but not limited to:
- Scientific Technicians/Technologists: Must support a professional in a qualifying scientific field and demonstrate theoretical knowledge in that area.
- Medical Laboratory Technologists: Typically require health care worker certification and must perform diagnostic laboratory work.
- Physicians (Teaching/Research Only): Direct patient care is not permitted, except when incidental to academic or research activities.
- Registered Nurses: Must have appropriate licensure and, where applicable, CGFNS certification.
- Management Consultants: May serve as employees or contractors but are generally limited to temporary roles unless engaged by a U.S. consulting firm.
- Computer Systems Analysts: Focus should be on analyzing and designing information systems, not solely programming or coding tasks.
- Economists: Primary duties must involve economic analysis (not general finance, marketing, or related business functions).
- Engineers: Must hold a related degree or license; the category cannot be used for unrelated IT roles.
- Additional covered professions include Foresters, Sylviculturists, Hotel Managers, Animal Breeders, and more.
Why Choose Green Card Link?
Interpreting and applying the latest USCIS policy updates to your specific situation requires precise legal strategy. At Green Card Link, its immigration attorneys help Canadian and Mexican professionals—and their U.S. employers—by providing:
- End-to-end TN representation at the border, consulates, or USCIS;
- Changes of status from within the United States, when eligible;
- 3-year extensions with no maximum number of renewals, as long as the employment remains temporary; and
- Strategic alternatives when TN is not viable, including H-1B and E-2 options.