TN Visa Attorney in Dallas

What Is a TN Visa?

The TN visa is an employment-based nonimmigrant classification established under NAFTA and now governed by the USMCA. It’s available only to citizens of Canada and Mexico. Unlike H-1B visas, this classification has no annual cap or lottery. If you meet the requirements, you can apply, and approvals aren’t limited by the calendar year.

Authorization is initially granted for up to three years and can be extended in three-year increments as long as eligibility continues. Because TN is a nonimmigrant classification, applicants must demonstrate nonimmigrant intent and plans to return home after their authorized stay. Pursuing permanent residency while holding TN status requires careful planning.

TN Visa Eligibility Requirements

Three conditions determine whether someone qualifies for this classification.

Qualifying Profession
The position must fall within the USMCA’s designated list of professional categories. If your occupation isn’t on the list, the role doesn’t qualify.

Academic Credentials or Licensure
You must hold the educational qualifications or professional licenses required for the occupation, typically a bachelor’s degree or higher in a directly related field. Some professions require specific licenses.

Prearranged Employer Job Offer
A U.S. employer must offer you a position that requires professional-level qualifications. Self-employment doesn’t qualify. The offer can be full-time or part-time, but it must document your role and duties.

USMCA Professional Categories & Credential Analysis

The professional categories available under NAFTA continue under USMCA Chapter 16, Appendix 2. Examples include:

• Accountants
• Engineers
• Scientists
• Lawyers
• Pharmacists
• Teachers

Eligibility depends on whether the offered duties fit the selected category, not simply whether the job title sounds similar. For example, work under the economist category must primarily match the economist occupation. Financial analyst, marketing analyst and market research analyst positions don’t qualify as TN economist roles.

Each category has its own credential requirements. When a listed profession requires a bachelor’s degree, work experience doesn’t replace that degree. Degrees earned outside the United States, Canada or Mexico require a credential evaluation.