TN Category
The United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA), established special economic and trade relationships among the United States, Canada, and Mexico. Under this agreement, the TN nonimmigrant classification allows qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in professional business activities. A list of the specified professional activities under the USMCA can be found here.
Application Process
The procedures for obtaining TN status vary for Canadians and Mexicans citizens. A Mexican citizen must obtain a TN visa from a U.S. consulate before being eligible to apply for admission to the U.S. in TN status, whereas Canadian citizens are exempt from the visa requirement.
Canadian citizens apply for admission to the United States directly with Department of Homeland Security (DHS), Customs and Border Protection at a port of entry.
Hiring Department
As part of the application process, the hiring department must write a detailed TN support letter that the applicant will use to apply for admission to the U.S. in TN status. The letter should address/describe the following information, on letterhead, and be signed by the department head:
Job title
Detailed job description/duties
Duration of employment (anticipated length of stay not to exceed three years)
Educational qualifications or credentials that demonstrate the applicant's professional level status
Salary and benefits
Confirm that the applicant meets all licensing requirements, if applicable
Note: Always refer to Appendix 1603.D.1 to verify that the position and the individual qualify for TN status.