TN Visa Attorneys

The TN visa, created under the North American Free Trade Agreement and preserved under the United States-Mexico-Canada Agreement (USMCA), is one of the most practical and underutilized work visa options available to qualified professionals. Unlike the H-1B visa, the TN has no annual cap, no lottery, and no prevailing wage determination requirement. For Canadian nationals, the process can be completed in a single visit to a U.S. port of entry or preclearance station, often in the same day. Mexican nationals must apply through a U.S. consulate abroad, but the process is still significantly faster and less expensive than many alternatives.

The most important and often misunderstood element of TN status is the requirement of "nonimmigrant intent." Unlike the H-1B visa, which is a dual-intent visa allowing holders to simultaneously maintain nonimmigrant status and pursue permanent residence, the TN technically requires that the holder intend to depart the United States when their authorized stay ends. In practice, USCIS and U.S. Customs and Border Protection officers understand that professionals may remain in TN status for many years, renewing indefinitely, without that constituting immigrant intent. However, open and active pursuit of a green card while holding TN status can trigger scrutiny. Our attorneys advise clients on how to structure their long-term immigration plans in a way that preserves TN status while also building a pathway to permanent residence.

The list of qualifying TN professions was established by NAFTA and carried over into USMCA. The list includes more than 60 specific occupational categories, each with defined educational and credential requirements. One of the most common challenges we see is that a client's actual job duties do not clearly map to a listed TN profession, or that their educational credentials, particularly those obtained from non-U.S. institutions, require evaluation and documentation. Our attorneys work with credential evaluation services, analyze job duty letters in detail, and help employers draft support letters that accurately and persuasively describe the qualifying nature of the position.

For clients who change employers while in TN status, a new TN approval is required for the new employer before beginning work. Working for an employer not listed on the TN approval constitutes a status violation, even if the new position would independently qualify for TN. Our attorneys guide clients through employer changes, concurrent employment situations, and other complex TN scenarios to ensure continuous compliance with U.S. immigration law.