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The TN program under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA) provides U.S. employers a streamlined way to employ skilled Canadian professionals in a variety of designated professions.

1. Overview of the TN Program

The TN status is a temporary, nonimmigrant classification that allows Canadian professionals to work in the U.S. in qualifying fields. For the complete list of professions, please refer to our article “How to hire professionals from Canada and Mexico: The TN Option“.

  • Job Duration: Initially valid for up to three years with unlimited renewals as long as the individual continues to meet the criteria.
  • Ease for Canadians: Canadian citizens benefit from a simplified application process, typically completed directly at U.S. ports of entry or pre-clearance stations.

2. U.S. Company’s Role in the TN Process

  • Drafting a Comprehensive Employer Support Letter: The job title must align with one of the designated professions under USMCA, and the description of duties should clearly reflect the professional nature of the role. Employers should specify key terms such as the start date, duration (up to three years), salary, and employment type. Educational qualifications must meet the position’s requirements, such as a bachelor’s degree or relevant academic credentials or license. The temporary nature of the role should be emphasized, consistent with the nonimmigrant intent of the TN classification. You can use resources like O*NET job descriptions to ensure compliance with professional criteria and USMCA standards.
  • Supporting Documentation
    • A signed offer letter on official company letterhead.
    • Evidence of the company’s legitimacy, such as tax records or business registration certificates.
    • Confirmation that the role requires a professional level of expertise.

U.S. companies are encouraged to consult with a U.S. immigration attorney to ensure all documents are accurately prepared and compliant with TN requirements. Employees will supplement this with their attestation of Canadian citizenship, educational credentials, any licenses or certifications required to practice in the State of intended employment, if applicable.

3. Obtaining a TN for a Canadian Citizen

  • At the Port of Entry: Present the required evidence including proof of citizenship, a detailed employer support letter, offer letter, company exhibits and qualifications, directly to a CBP officer at designated U.S. ports of entry or pre-clearance stations.
  • Through USCIS: Organizations can file Form I-129 on behalf of the employee to secure TN status before entry into the United States.
  • Applying for a TN: If the Canadian applicant resides in a third country and plans to travel with non-Canadian dependents requiring TD, a TN condition can be requested at the nearest U.S. embassy or consulate.

4. Common Challenges and Solutions

  • Incomplete Documentation: Applications may be denied due to missing or incorrect paperwork.
  • Job Title Misalignment: Ensure the position matches the USMCA-designated professions list.
  • Immigration Intent Missteps: Plan green card sponsorship carefully to align with TN regulations.

5. Employer Benefits of Hiring TN Professionals

  • No Quotas: Unlike the H-1B, there are no annual limits.
  • Streamlined Procedure: Canadians can often apply directly at the border, reducing processing times.
  • Cost-Effective: TN does not require costly labor condition certifications.

6. Common questions

  • Can Employees Change Companies while in the U.S.? Yes, they can change enterprises. The new employer must either file Form I-129 with USCIS or the employee can present the new offer letter and supporting documents at a port of entry. Canadian workers have a 60-day grace period to find new employment or leave the U.S. if employment ends.
  • Can They Bring Their Family Members? Yes, family members (spouse and unmarried children under 21) can join the TN under TD but cannot work in the U.S. They must provide valid passports, and proof of relationship (e.g., marriage or birth certificates).
  • Can a U.S. Company Sponsor a TN for a Green Card? Yes, through EB-2 or EB-3 categories. Employers must plan carefully due to TN’s nonimmigrant intent, initiating the green card application with a PERM Labor Certification, filing an I-140 petition, and eventually applying for adjustment of status when eligible.
  • Can a Canadian TN Applicant Who Studied in a Third Country Apply for TN? Yes, Canadian citizens who studied in a third country can apply for TN status. They must provide a credential evaluation to confirm that their foreign degree is equivalent to U.S. standards.

The Donald Gross Law can expertly guide U.S. corporations through the TN process, ensuring smooth compliance with U.S. immigration requirements while helping to secure and retain top Canadian talent for the long term. Contact us today to learn more!