Last Updated on November 6, 2024
Over the past couple of years, growing competition for the H-1B visa has made employers hungry for alternatives to recruiting a global workforce. Enter the TN visa. Created as a part of the North American Trade Agreement (NAFTA), the TN (Treaty NAFTA) visa allows U.S.-based companies to hire certain candidates from Canada and Mexico. The United States-Mexico-Canada Agreement (USMCA) replaced the NAFTA in July 2020.
While several TN visa requirements may not make this option the best fit for all, this visa is more appealing to U.S. companies in the face of growing H-1B competition. Here are some reasons why:
No cap
- There is no limit to the number of candidates from Mexico and Canada who can receive the TN visa. This, compared with the H-1B and its strict limits on the number of accepted visas each year, might appeal to organizations affected by the H-1B cap. Candidates can also apply at any time of year, which gives organizations much more flexibility than with other visa application deadlines.
Unlimited extensions
- There is also no limit to the number of extensions, which means that as long as the employee meets TN visa requirements for every three-year extension, that person should be able to stay in the U.S. under your employment. This extension can happen at a U.S. port of entry, so though the TN visa is not “dual intent,” visa holders can’t apply for their green card at the same time as possessing the TN visa, there is still a possibility for an indefinite period. This is a significant advantage over H-1B visas, which limits employees to six years of work in the U.S.
Easy application process
- Candidates can apply for this visa at the U.S. port of entry without submitting petitions to USCIS. The result? They are often processed much faster than, say, H-1B visas. The application can be submitted online or via an in-person interview at the port of entry to the U.S. Typically, if a candidate has all the paperwork needed, approval can happen immediately.
Lower costs
- The application filing fee is $50 – $100, depending on the country of origin. This number is significantly lower than the fees for many other work visas, making the TN an affordable option. Also, there are no prevailing wage requirements. Instead, employee salaries are based on the minimums stipulated by federal and state laws and negotiations.
TN Visa Requirements
While there are a few TN visa requirements, the most important is that the candidate be a citizen of either Canada or Mexico. Following that, 63 professions are eligible, including:
- accountants
- computer systems analysts
- psychologists
- pharmacologist
- soil scientists
- engineers
- graphic designers
- industrial designers, and
- biochemists.
The list includes the required degree level for each position. Most professions require a bachelor’s degree as an entry-level requirement.
Finding and securing the right talent for this option primarily requires recruiting in the right geographies, namely Mexico and Canada. It also calls for careful targeting, with crystal clarity, that this work visa is not dual intent, which means that candidates interested in gaining green card status in the U.S. might not be the best fit for this category.
How to File Your TN Visa Application and its Requirements
Organizations should take a few compliance-related measures when filing a TN visa application.
First, you should look internally to confirm an open position for a USMCA professional. The applicant should be prepared to show documents proving Canadian or Mexican citizenship, a list of duties that the candidate will be performing under the 63 TN visa-stipulated professions, and proof that he or she is qualified to carry out those duties—all this, among other necessary documentation.
A pro tip: hiring professionals should look at the Bureau of Labor Statistics’ Occupational Outlook Handbook (OOH) and the Department of Labor job duties descriptions, which USCIS and Customs Border Protection use to determine whether a candidate qualifies for one of the visa-designated professions. Because the OOH is relatively generic compared to real-world internal job titles, you’ll want to watch out for differences that might result in an application being denied. Generally, beware of fitting a round peg into a square hole; authorities determining TN visas can be pretty by the book.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at Corporate Immigration Partners, P.C., or another qualified professional of your choosing. On non-U.S. immigration issues, consult your Envoy representative, or another qualified representative of your choosing.
