TN visa lawyer

Through the TN visa for Mexicans and Canadians and under the guidance of our lawyer, certain foreigners can live and work in the United States in specialized positions.

This visa is not available to everyone and obtaining it can be complex. That is why our immigration lawyers in New Jersey offers you expert advice, working closely with the Mexican consulate and the corresponding authorities.

An experienced TN visa lawyer by your side to Obtain The TN USMCA Visa In 2025

The TN visa is a temporary employment-base visa for citizens of Mexico and Canada under the North American Free Trade Agreement (NAFTA, now USMCA). This visa allows qualified professionals to work in the US in specialty occupations.

• Mexicans: To obtain it, they must apply at a US embassy or consulate and then appear at a designated port of entry.
• Canadians: They can apply for admission directly at the border, without needing a visa. However, they must submit proof of their Canadian citizenship and other requirements.

What benefits does the TN visa offer?

The TN visa, among others, offers the following benefits:

• Family members of the visa holder may obtain visas to enter the US.
• The TN visa can be renewed over multiple periods without the employee having to leave the US.
• It does not require the employer to sponsor the employee.
• It allows holders to take business or personal trips without additional complications during its validity.
• It can be used simultaneously with multiple employers without any problems.

Although it does not apply in all immigration cases, this visa is often a good option for companies that need certain professionals.

Who is eligible for a TN visa?

Only citizens of Mexico and Canada can obtain a TN visa. To be eligible, they must have a job offer in the United States in a profession approved under USMCA, with a minimum duration of three months and a maximum of one year. 

They must also demonstrate that they have the necessary experience and skills for the position.

Additionally, to qualify for a TN visa extension, the employer must justify the renewal. 

Can I bring my family to the United States with a TN visa for Mexicans and Canadians?

TN visa holders may bring their spouses and children under 21 years of age to the United States under the TN visa. 

Although dependents cannot work in the US, children can attend public or private schools without an F-1 student visa .

What Professionals Can Apply For The TN Visa?

• 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 – Bachelor’s or licenciatura degree; or post-secondary diploma/certificate, and 3 years of experience.
• Disaster Relief Insurance Claims Adjuster – Baccalaureate or licenciatura degree with 3 years of experience in the field.
• 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; post-Secondary diploma/certificate, and 3 years of experience.
• Hotel Manager – Baccalaureate or licenciatura degree in hotel/restaurant management; or post-secondary diploma/certificate, and 3 years of experience in hotel/restaurant management.
• Industrial Designer – Baccalaureate or licenciatura degree; or post-secondary diploma/certificate, and 3 years of experience.
• Interior Designer – Baccalaureate or licenciatura degree or post-secondary diploma/certificate, and 3 years of experience.
• Land Surveyor – Baccalaureate or licenciatura degree or state/provincial/federal license.
• Landscape Architect – Baccalaureate or licenciatura degree.
• Lawyer (including Quebec province Notaries) – L.L.B., J.D., L.L.L., B.C.L., or licenciatura degree (5 years); or membership in a state/provincial bar association.
• 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.
• Mathematician (including Statistician) – Baccalaureate or licenciatura degree.
• Range Manager/Range Conservationist – Baccalaureate or licenciatura degree.
• Research Assistant (working in a post-secondary educational institution) – Baccalaureate or licenciatura degree.
• Scientific Technician/Technologist – With theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics and and the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.
• Social Worker – Baccalaureate or licenciatura degree.
• Sylviculturist (including Forestry Specialist) – Baccalaureate or licenciatura degree.
• Technical Publications Writer – Baccalaureate or licenciatura degree, or post-secondary diploma/certificate, and 3 years of experience.
• Urban Planner (including Geographer) – Baccalaureate or licenciatura degree.
• Vocational Counselor – Baccalaureate or licenciatura degree.

Medical/Allied Professionals

• Dentist – D.D.S., D.M.D. Doctor of Dentistry or Doctor of Dental Surgery or state/provincial license.
• Dietitian – Baccalaureate or licenciatura degree; or state/provincial license.
• Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and USA) – Baccalaureate or licenciatura degree; or post-secondary diploma/certificate and 3 years of 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. Doctor of Medicine; or state/provincial license.
• Physiotherapist – 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 of Veterinary Medicine; or state/provincial license.

Scientists

• 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 (includes Plant Pathologist) – 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.
• Geochemist – Baccalaureate or licenciatura degree.
• Geologist – Baccalaureate or licenciatura degree.
• Geophysicist (including Oceanographer in Mexico and the United States) – 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.

Teachers

• College – Baccalaureate or licenciatura degree.
• Seminary – Baccalaureate or licenciatura degree.
• University – Baccalaureate or licenciatura degree.

Please note that this list changes and is updated regularly. For more information, you can review 
section 214.6 of the USMCA or contact our TN visa lawyer.

How can I apply for a TN visa for Mexicans and Canadians?

The process for applying for a TN visa varies depending on your nationality. For example, Mexicans must: 

1. Submit an application at the US consulate in Mexico.
2. Complete Form DS-160. 
3. Pay the corresponding fees.  
4. Attend the consular interview with the required documentation. 

Canadians must carry almost the same documents as Mexicans, but can apply for this visa directly at a port of entry in the US. There an immigration officer will assess their eligibility.

What documents do I need to apply for a TN visa for Mexicans and Canadians? 

Among the documents that Mexicans and Canadians need to submit to apply for the TN visa we find the following: 

• Valid passport with at least six additional months of validity.
• Completed DS-160 form and receipt of payment of application fee (for Mexicans only).
• Photograph (if not loaded correctly into the DS-160).
• Employment letter from the company in the US indicating duties, job tenure and required qualifications.
• Documentation showing that you meet the education and work experience requirements.

Required documents for family members of TN visa applicants

These documents will be for the spouse or dependents of the TN visa holder:

• Non-citizens of Canada or Mexico: Must check with the Department of State to see if they need a visa. If so, they must provide evidence of their relationship to the TN visa holder and proof that the holder maintains their status.
• Canadian citizens: Do not need a visa, but must submit proof of Canadian citizenship, evidence of relationship to the visa holder, and documents proving that the holder maintains their status.
• Mexican citizens: Must apply for a visa at a US embassy or consulate and submit proof that the holder maintains their status.

How much does the TN visa cost for Mexicans and Canadians?

Mexicans

• Application at consulate or embassy: $160
• Border Application: Additional fee of approximately $56, which includes $50 for visa processing and $6 for the I-94 permit

Canadians

Canadians must pay a minimum fee of $56 to apply for a visa at the port of entry to the US. This fee includes visa processing and the I-94 permit.

Why are they denying TN visas?

TN visas can be rejected at the border for a number of reasons. In fact, one of the main reasons is not meeting the requirements to prove that one is a nonimmigrant. 

This can occur if the applicant does not have the proper documentation, such as appropriate work and credentials.

You may also be denied for prior violations of visa conditions, such as working without authorization or staying in the US beyond the expiration date of a previous visa. There are also other grounds for inadmissibility, such as:

• Health problems,
• Criminal record, or 
• Fraud.

In some cases, applicants may be immediately deported from the US.

Useful tips for applying for a TN visa

To avoid mistakes in the application process for this visa, we recommend that you follow these tips:

• Maintain proper documentation, such as an I-94 permit or any entry records, to avoid problems with your status.
• Make sure you work for the employer and in the position indicated on the application.
• Please be aware of expiration dates and submit renewal applications on time.
• Seeking advice from an immigration TN visa lawyer can help you avoid problems and clarify doubts about the procedures.

How long can I stay in the US with a TN visa?

With a TN visa, you can stay in the US for an initial period of up to 3 years. However, TN visa holders and their family members can apply for an extension of their stay in the US without having to travel abroad. 

Please note that if a Mexican travels outside the US after the extension, they will need to apply for a new visa at the US embassy or consulate to return.

Grace period

TN visa applicants have a 60-day grace period after their previous employment ends, but may only enter the US up to 10 days before the official start date of their new job. 

Therefore, any documents they submit when crossing the border or applying for their visa must reflect a start date that takes into account the time needed for incorporation and training processes.

What is the difference between TN visa and H-1B visa?

The main difference is that the H-1B visa allows the possibility of obtaining a Green Card, although it is not specifically designed for that. 

The TN visa, on the other hand, does not allow for dual intent, which can complicate the process for those seeking a green card in the future. 

Other key differences include:

• The H-1B visa covers a wider range of professions than the TN visa.
• The H-1B visa is subject to an annual limit, while the TN visa is not.
• Changing employers on an H-1B visa is often simpler than obtaining a new TN petition for a different job.

If you wish to become a lawful permanent resident in the US we invite you to contact us. Our TN visa lawyer Carolina Curbelo will help you determine your eligibility and guide you through the process.

Do I have to comply with tax obligations in the United States with the TN visa?

Individuals entering the US on a TN visa must comply with their tax obligations. This involves contributions through payroll deductions to: 

• Medicare,
• Social Security, and 
• Federal and state income taxes.

Additionally, tax treaties may require TN visa holders to pay taxes in their home country, depending on their specific situation.

How can an immigration lawyer help you when applying for a TN visa?

An immigration attorney can expedite the TN visa process by ensuring that you comply with all requirements and regulations. 

At Curbelo Law, our TN visa lawyer can assist you in collecting documents, meeting deadlines and efficiently managing your application to avoid setbacks. 

We also keep you informed about any changes in immigration policies. Contact us today to receive the required legal advice.