TN STATUS FOR CANADIANS
TN STATUS FOR CANADIANS
The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico. Though the term “visa” is often used, Canadians are not actually issued a TN “visa.” Instead, they are admitted in “TN Status” if approved.
As of July 2020, TN visas are being issued under the newly-formed United States-Mexico-Canada Agreement (USMCA), with Appendix 1603.D.1, that governs TN visas having been incorporated into the USMCA, and the procedure and criteria remain unchanged.
*You must have a job offer from a U.S. employer in one of the occupations specified in the following TN Occupations and Professions List before applying for TN status.
- TN status is valid for three years and is renewable indefinitely.
- TN status is easier obtain than other work visas, such as the H-1B visa.
*
- There are two ways to apply for a TN status: 1) in person at a port of entry (POE) to the United States,
such as a major Canadian airport or a land border; or 2) the employer files a petition to USCIS.
List of TN Occupations and Professions
Below is the list of occupations and mandatory education and experience that are eligible for TN visas. If your occupation is not on the list, or if you do not meet the education/experience requirement for a particular occupation, you will not be eligible for TN status.
| Profession | Education and Experience Requirements |
|---|---|
| General | |
| Accountant | Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. |
| Architect | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Computer Systems Analyst | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Disaster Relief Insurance Claims Adjuster | Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims |
| Economist | Baccalaureate or Licenciatura Degree |
| Engineer | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Forester | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Graphic Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
| Industrial Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Interior Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Land Surveyor | Baccalaureate or Licenciatura Degree; or state/provincial/federal license |
| Landscape Architect | Baccalaureate or Licenciatura Degree |
| Lawyer | LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar |
| Librarian | M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
| Management Consultant | Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement |
| Mathematician and Statistician | Baccalaureate or Licenciatura Degree |
| Range Manager and Range Conservationalist | Baccalaureate or Licenciatura Degree |
| Research Assistant (working in a post-secondary educational institution) | Baccalaureate or Licenciatura Degree |
| Scientific Technician and Technologist |
Possession of:
|
| Social Worker | Baccalaureate or Licenciatura Degree |
| Sylviculturist and Forestry Specialist | Baccalaureate or Licenciatura Degree |
| Technical Publications Writer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Urban Planner and Geographer | Baccalaureate or Licenciatura Degree |
| Vocational Counselor | Baccalaureate or Licenciatura Degree |
| Medical / Allied Professional | |
| Dentist | D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license |
| Dietitian | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Medical Laboratory Technologist (Canada) / Medical Technologist (Mexico and the United States) | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Nutritionist | Baccalaureate or Licenciatura Degree |
| Occupational Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Pharmacist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Physician (teaching or research only) | M.D. or Doctor en Medicina; or state/provincial license |
| Physiotherapist or Physical Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Psychologist | State/provincial license; or Licenciatura Degree |
| Recreational Therapist | Baccalaureate or Licenciatura Degree |
| Registered Nurse | State/provincial license; or Licenciatura Degree |
| Veterinarian | D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license |
| Scientist | |
| Agriculturist (including Agronomist) | Baccalaureate or Licenciatura Degree |
| Animal Breeder | Baccalaureate or Licenciatura Degree |
| Animal Scientist | Baccalaureate or Licenciatura Degree |
| Apiculturist | Baccalaureate or Licenciatura Degree |
| Astronomer | Baccalaureate or Licenciatura Degree |
| Biochemist | Baccalaureate or Licenciatura Degree |
| Biologist | Baccalaureate or Licenciatura Degree |
| Chemist | Baccalaureate or Licenciatura Degree |
| Dairy Scientist | Baccalaureate or Licenciatura Degree |
| Entomologist | Baccalaureate or Licenciatura Degree |
| Epidemiologist | Baccalaureate or Licenciatura Degree |
| Geneticist | Baccalaureate or Licenciatura Degree |
| Geologist | Baccalaureate or Licenciatura Degree |
| Geochemist | Baccalaureate or Licenciatura Degree |
| Horticulturist | Baccalaureate or Licenciatura Degree |
| Meteorologist | Baccalaureate or Licenciatura Degree |
| Pharmacologist | Baccalaureate or Licenciatura Degree |
| Physicist (including Oceanographer in Canada) | Baccalaureate or Licenciatura Degree |
| Plant Breeder | Baccalaureate or Licenciatura Degree |
| Poultry Scientist | Baccalaureate or Licenciatura Degree |
| Soil Scientist | Baccalaureate or Licenciatura Degree |
| Zoologist | Baccalaureate or Licenciatura Degree |
| Teacher | |
| College | Baccalaureate or Licenciatura Degree |
| Seminary | Baccalaureate or Licenciatura Degree |
| University | Baccalaureate or Licenciatura Degree |
One thing to keep in mind about TN visas is that the Canadian citizen must demonstrate an intention to return to Canada upon the expiration of TN status. This is not usually an issue when it is an applicant’s first application, but becomes more challenging after six or nine years, seeking another three years in TN status. By this time, a CBP officer may conclude that the applicant has no intention to return to Canada and deny the renewal. If a Canadian citizen has been in TN status for several years, he or she should speak with an immigration lawyer about changing to another visa category, such as an H-1B visa.
FAQS
How long does the immigration process typically take?
The duration of the immigration process can vary widely depending on the type of visa or immigration benefit you are seeking. For instance, family-based immigration and employment-based immigration have different processing times. On average, it can take several months to several years to complete the immigration process. It's crucial to consult with our experienced attorneys who can provide a more accurate estimate based on your specific circumstances and visa category.
Can I apply for a green card while on a non-immigrant visa like a work or student visa?
Yes, in many cases, you can apply for a green card (permanent residency) while on a non-immigrant visa. This process is known as "adjustment of status." However, eligibility criteria and procedures vary depending on your specific visa type and circumstances. Our attorneys specialize in helping individuals navigate this transition smoothly, ensuring you meet all requirements and deadlines to secure your green card while maintaining your legal status in the United States.
What happens if my visa application is denied?
Visa denials can be disheartening, but they are not necessarily the end of your immigration journey. The next steps will depend on the reasons for the denial and the type of visa you applied for. In many cases, you may have the option to appeal the decision or reapply with additional documentation. It's essential to seek professional legal advice immediately after a denial to explore your options. Our experienced attorneys have successfully assisted clients in overcoming denials and achieving their immigration goals through strategic legal actions.
