TN visa guide for Canadian and Mexican professionals in 2025. Learn TN visa requirements, application process, and how to transition from a TN visa to a green card. Fast-track your U.S. career under USMCA with expert tips from Gale’s immigration lawyers.
11 minute read
April 22, 2025
By Team Gale
The TN visa is a nonimmigrant work visa created under the North American Free Trade Agreement (NAFTA), now carried forward by USMCA. It allows Canadian and Mexican citizens in certain professional occupations to work in the United States on a temporary basis. Unlike the H-1B visa, the TN visa has no annual cap (no lottery) and can be renewed indefinitely in three-year increments. This makes it a popular and expedient option for eligible professionals from Canada and Mexico to fast-track their U.S. employment without the lengthy waits or uncertainty of other visa categories. However, TN status is strictly temporary - applicants must show intent to return home and cannot directly pursue permanent residence without careful planning (more on the TN visa to green card process below).
Example: A Canadian engineer with a U.S. job offer can apply for TN status right at the airport or border and start work immediately upon approval, rather than waiting months for a petition approval. For a Mexican citizen, the process involves a quick consular visa interview. In both cases, TN status offers a swift path to working in America for those who qualify.
To qualify for a TN visa, you must meet all of the following requirements:
It’s important to note that Canadian citizens and Mexican citizens follow slightly different TN application procedures, as explained below, but the eligibility criteria above apply to both.
TN visa application process for Canadian (left) vs Mexican (right) citizens. The TN visa allows qualified professionals to apply either directly at the border (Canadians) or through a U.S. consulate (Mexicans), making it one of the fastest ways to start working in the U.S. under the USMCA trade agreement.
Canadian Applicants: Citizens of Canada do not need to obtain a visa stamp in advance for TN status. Instead, the TN application is made at the U.S. border or airport (pre-flight inspection station). To apply, you simply prepare the required documentation and present it to a U.S. Customs and Border Protection (CBP) officer when seeking entry. The key documents include:
At the port of entry, the CBP officer will review your TN application. If everything is in order and you qualify, TN status is granted on the spot and you’ll be admitted to the U.S. in TN status typically for up to 3 years (the maximum per entry). You will receive an I-94 record noting your TN status and expiration date. No USCIS petition approval is required in advance for Canadians, making this a very fast process - you can literally decide to apply the day you travel.
Alternate Canadian Process: Although not common, a U.S. employer can also choose to file a Form I-129 TN petition with USCIS while the Canadian applicant is outside the U.S.. Upon approval, the Canadian worker would then present the approval notice at the border to enter in TN status. Premium processing is available for such filings, but this method is usually only used in complex cases or where a pre-approval is preferred.
Mexican Applicants: Citizens of Mexico must obtain a TN visa stamp at a U.S. consulate before entering the U.S.. The process is similar to applying for other U.S. work visas:
Complete Form DS-160 online (Nonimmigrant Visa Application) and pay the visa fee.
Schedule a visa interview at a U.S. Embassy/Consulate in Mexico. TN visa appointments are generally readily available since demand is manageable (no annual cap).
Prepare documentation: Similar to Canadians, you need your Mexican passport, U.S. job offer letter, proof of credentials (degree, licenses), and any required evaluation. It’s also wise to bring proof of ties to Mexico (to demonstrate nonimmigrant intent, e.g., property, family) in case the officer asks.
Attend the interview: A consular officer will verify that you and the job meet TN requirements. Typical questions focus on your proposed U.S. job duties, your qualifications, and whether you intend to return to Mexico after the job. Answer confidently and consistently with the TN's temporary nature.
Visa issuance: If approved, you’ll receive the TN visa stamp in your passport (usually valid up to 1 year for Mexicans on first issue, renewable). With the TN visa, you can then travel to the U.S. and request admission in TN status at the port of entry. The CBP officer at entry will issue your I-94 for up to 3 years, just like for Canadians.
Processing Time: Canadians can often obtain TN status within a single day (at the border). Mexicans must factor in the consular scheduling and processing, but it’s still relatively quick - often a few weeks total. This is much faster than H-1B processing which can take months or is subject to an annual cycle. TN visas are thus ideal for employers needing talent on short notice.
A TN visa holder is typically admitted for up to 3 years per entry. This applies to both Canadians (upon each border admission) and Mexicans (upon each entry with a valid TN visa). Notably, there is no strict limit on the number of times you can extend or renew TN status, unlike some other visa categories. TN status can be renewed indefinitely as long as the temporary conditions are met.
However, “indefinitely” does not mean “permanently.” Each time you seek a new TN period or renew, you must demonstrate your stay remains temporary and you intend to depart after. U.S. immigration authorities will look for a “reasonable, finite end” to your work assignment. If you simply live in the U.S. on TN year after year without a clear temporary project or if you start taking steps toward permanent residency, officials might question your true intent.
Extension from Inside the U.S.: If you are already in TN status and your employer wants to extend your stay without you leaving the U.S., they can file a Form I-129 petition with USCIS for extension of TN status. This can grant up to another 3 years. You can keep working while the extension is pending (if timely filed). Once approved, you get a new I-94. There is no limit to how many extensions USCIS can approve in a row. Alternatively, travel outside and re-enter with your documents to get a fresh 3-year TN at the border (popular for Canadians).
Renewal for Mexicans: If you’re Mexican, your TN visa stamp might be issued for a shorter validity (often 1 year initially). To continue in TN status beyond the visa’s validity, you’ll need to renew the visa at a U.S. consulate (or if you’re already in the U.S., file an extension with USCIS and then later get a new visa stamp when you travel next).
No Cap or Lottery: Crucially, the TN visa has no quota limits per year. Unlike H-1B visas which are capped at 85,000 annually and require a lottery, TN visas are unlimited - as long as you qualify, you can get one any time of year. This flexibility is a major advantage of TN status for employers and workers.
Dual Intent Warning: TN visas are not “dual intent.” This means you cannot overtly pursue immigrant (green card) plans while on TN without risking denial of TN renewals or re-entry. TN applicants may be denied entry if the officer suspects you intend to stay permanently. In practice, many people do stay on TN for many years, but you must always present your purpose as temporary at each application.
One of the most common questions is: Can you get a green card from a TN visa? The short answer is yes, but indirectly and carefully. The TN visa itself doesn’t provide a direct path to permanent residency because it requires nonimmigrant intent. However, many TN professionals do become U.S. permanent residents via employer sponsorship or family sponsorship - it just requires strategic timing.
Here are possible strategies to go from TN visa to green card:
Key Point: The TN visa doesn’t “convert” to a green card on its own. It requires a separate immigrant process (family or employment) and mindful handling of your nonimmigrant status. Many people successfully go from TN to green card, but it’s recommended to consult an immigration lawyer early to chart the safest course. Gale’s attorneys frequently assist TN professionals with transitioning to permanent residence by leveraging dual-intent visas or careful adjustment strategies.
Advantages of TN Visa:
Disadvantages / Cautions:
While the TN application process may seem straightforward (especially for Canadians), many applicants choose to work with a TN visa lawyer to ensure a smooth approval. An experienced immigration attorney can help by:
Gale (YC W25) is a tech-forward, elite immigration firm well-versed in TN visas. Our attorneys have helped hundreds of Canadian and Mexican professionals successfully work in the U.S. on TN status. We offer a free consultation to evaluate your case. Contact Gale today to speak with a TN visa lawyer and get personalized advice for your situation.
Q: How long can I stay in the U.S. on a TN visa? A: You can stay up to 3 years per TN approval. However, you can keep renewing indefinitely in three-year increments as long as you maintain temporary intent. There is no hard limit like the H-1B’s 6-year cap. Some people have lived and worked in the U.S. on TN status for 10+ years through renewals. Just remember at each renewal or entry, you must show that your stay is still temporary.
Q: Can my TN visa spouse work in the U.S.? A: No, spouses and children on TD (Trade Dependent) status cannot work in the U.S.. They can live in the U.S. with you and even attend school, but they are not employment-authorized. This is a downside of TN status. Spouses who wish to work might explore getting their own work visa (if Canadian or Mexican, perhaps their own TN, or an H-1B, etc.). By contrast, spouses of H-1B holders (H-4) can work after certain conditions, and spouses of L-1 holders (L-2) can work freely. There is advocacy to allow TD spouses to work in the future, but as of 2025 it’s not permitted.
Q: Do I need a job offer to apply for a TN visa? A: Yes. A TN visa is employer-specific and job-specific. You must have a concrete job offer from a U.S. employer in an eligible profession. You cannot obtain a TN visa to “look for work” in the U.S. or on speculation. The offer should ideally be in writing (offer letter or contract), and your TN is tied to that employer. If you want to change employers while in the U.S., you’ll need to get a new TN for the new employer (either by exit/re-entry or petition through USCIS).
Q: What if my TN application is denied? A: Denials can happen if the officer feels you or the job don’t meet the requirements. For Canadians, a CBP officer might refuse TN status at the border; for Mexicans, a consular officer could deny the visa. In either case, it’s not the end of the road. You can address the reason for denial (e.g., provide additional documents or clarify the job role) and reapply. It’s highly advisable to involve an immigration attorney if you get a denial. They can often resolve misunderstandings by better documenting the case. Also, Mexicans have the option to apply again at the consulate; Canadians can try a different port of entry or file an I-129 with USCIS for a second look. Gale’s team has experience turning around TN denials by strengthening the application.
Q: Is the TN visa better than the H-1B visa? A: It depends on your situation. TN visas are quicker and unlimited, which is a big advantage if you qualify. There’s no lottery, and you can start anytime. H-1B visas, on the other hand, are open to all nationalities and allow dual intent (you can pursue a green card without issue). H-1B also lets your spouse eventually work (H-4 EAD). If you’re Canadian or Mexican in an eligible profession, TN is usually the first choice due to ease and speed. But if you plan to immigrate permanently or your job isn’t on the TN list, an H-1B or other visa might be better. Some people actually maintain both - for example, a Canadian might use TN for now, and also enter the H-1B lottery to have a dual-intent option later. It’s best to discuss with an attorney which fits your long-term goals.
Ready to take the next step in your U.S. career? Gale can help you secure your TN visa quickly and plan for the future. Book a consultation to get expert guidance from our immigration lawyers. We’ll ensure you have a seamless TN visa application and a strategy to achieve your American dream.
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