TN Status

The North American Free Trade Agreement or NAFTA, (aka United States, Mexico, Canada Agreement, USMCA), provides for Canadian and Mexican citizens to enter the U.S. to engage in employment (business activity) in a professional capacity, temporarily. The applicants must have the qualifications to practice in the professional activity in which s/he will engage.

Business activities at a professional level are defined as “ those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession outlined in Appendix 1603.D.1 of the NAFTA.”
Click here for the List of Professions that are eligible for TN status.

The TN status may be granted in increments of up to three years for an indefinite period. The TN is a nonimmigrant status, and therefore, a TN holder must have the intent to depart on or before the expiration of the authorized stay. A TN may change status to another status that provides for dual intent should s/he seek permanent resident status in the future.

The TN is both employer and job-specific. However, the employer isn’t subject to the prevailing wage requirements as with the H1B, nor is not subject to numerical limitations or caps associated with the H1B.