TN Visa Application Procedures for Canadians

The TN visa was created by the North American Free Trade Agreement (NAFTA), to ease the path toward a visa for professional-level workers from Canada as well as Mexico. It offers Canadians a more direct way to obtain a U.S. nonimmigrant (temporary) visa than traditional work visas such as the H-1.

On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) replaced NAFTA, including the provisions that govern the TN visa. However, the TN regulations, which can be found in USMCA Chapter 16, remain largely the same, with only minor changes to the list of professions that qualify for TN status.

If you haven't already determined whether you are eligible for a TN visa, see A TN Visa to the U.S. From Mexico or Canada: Who Qualifies?.

The basic visa requirements are the same for both Canadians and Mexicans. However, the procedures to obtain the visa are distinct and separate, depending on which country you are from. Below we discuss the procedures specific to citizens of Canada.

Application Process for Canadian TN Worker Coming From Canada

A Canadian professional worker may be admitted to the U.S. without advance petition approval or labor certification. In order to apply, the Canadian worker (if in Canada) simply goes straight to any open U.S. port of entry (land border crossing, U.S. airport, or U.S. preflight inspection station at a major Canadian international airport). There, a U.S. Customs and Border Protection officer will adjudicate the application, and the worker can proceed directly into the United States.

Although no formal application form is required, the Canadian TN applicant must pay a fee (currently $50, or $56 if crossing the border by car). The spouse and unmarried minor children may accompany the main applicant. Family members must bring proof of the family relationship, such as a marriage or birth certificate. They will be given TD status.

What if you're denied at the border? If the officer tells you that your application lacks a certain element, or needs clarification that you can provide through further documentation, your best bet might be to return home, gather the requested information, and try again.

While not required, returning to the same port of entry where you made your initial application can be a good idea. You might be able to see the same CBP officer, which makes the entire process run more smoothly. (The CBP officer who handled your matter should be listed at the bottom of the CBP eligibility checklist.) If that officer is no longer on duty, you will be reviewed by a new officer.

Another option, which is especially useful if you've had a TN visa denied at the border, is to apply ahead of time, through USCIS. You'll then need to present your approval notice to CBP when you seek U.S. admission.

TN visa recipients can also bring their spouses and children to the U.S. (in TD status) by providing proof of the family relationship, such as a birth or marriage certificate, within the application process. Family members with TD status cannot legally work in the United States.

Application Process for Canadian TN Worker Already in the U.S.

If the worker is already lawfully present in the U.S. (that is, hasn't overstayed a permitted entry), the U.S. employer can apply for a change of visa status to TN on the person's behalf. The procedure for doing this is filing a Form I-129 petition and fee (check the USCIS website for the latest) with the USCIS Vermont Service Center.

The advantage of this U.S.-based process is that the applicant can avoid a face-to-face meeting with an officer of U.S. Customs and Border Protection (CBP) in order to get the TN visa. Many U.S. CBP officers, particularly those located at a U.S./Canada land crossing or a major Canadian international airport, have a reputation for being unduly skeptical, if not confrontational, toward Canadian TN visa applicants.

On the other hand, fees to apply to USCIS are much higher than CBP fees at the border.

Documents to Include in Application for TN Status

The applicant will need to have a valid Canadian passport, and supply the following documents:

• a job offer letter describing the proposed employment activity and showing that the person will be working at a professional level, including daily job duties, the job requirements (such as educational level or license), employment location, salary and benefits, and how long the services will be needed (for up to three years)
• evidence of qualifications to perform at a professional level, as demonstrated by college degrees, licenses, memberships, or other relevant credentials that establish professional status, and
• evidence that the particular profession is among those listed at 8 C.F.R. Section 214.6.

If mailing these items to USCIS, be sure to send copies only. Sending originals usually results in losing them forever.

Entering the U.S. On a TN Visa

Again, Canadian TN applicants must pay a $50 fee when entering the U.S, or $56 if crossing the border by car. Upon entering the U.S., the Canadian TN professional will be issued an electronic I-94, indicating an authorized stay of up to three years. This period can be extended in three-year increments without leaving the United States.

To file for an extension, the employer must prepare and send USCIS Form I-129, together with the same types of documents used for the initial application, to the USCIS Vermont Service Center. Alternatively, an applicant who doesn't mind leaving the U.S. can request an extension by departing before the expiration of TN status and visiting a U.S. consulate in Canada.