The TN visa is a nonimmigrant classification established under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. It allows qualified Canadian and Mexican citizens to work in the United States in certain professional roles. For businesses and individuals alike, the TN visa provides a fast and renewable pathway for temporary employment without the complexities associated with many other visa types.
If you're seeking to work in the U.S. under the TN classification or sponsor a TN worker, the legal requirements must be clearly understood and correctly followed. Pollak PLLC helps you navigate these requirements with confidence. Our firm has extensive experience representing professionals and employers across Texas and the United States, with a focus on ensuring eligibility, compliance, and successful outcomes.
Eligibility Requirements for TN Visa Applicants
Securing a TN visa begins with understanding the foundational eligibility standards. This classification is not open to all applicants or job types.
Nationality and Professional Category
Only Canadian and Mexican citizens are eligible for TN visa status. The applicant must be entering the United States to engage in employment within a profession listed in the USMCA Appendix 1603.D.1. This includes a broad range of fields such as engineering, science, education, medicine, finance, and law.
In addition to citizenship and occupation, the position must require a professional-level qualification. The applicant must possess the necessary academic credentials or licenses, typically a bachelor's degree or higher in a field related to the occupation.
Job Offer and Intent
A job offer from a U.S.-based employer is required. This position must be prearranged and must fall within the approved categories. The TN visa does not permit self-employment. Additionally, applicants must demonstrate that they intend to enter the U.S. temporarily, consistent with the nonimmigrant intent requirements of the TN classification.
Pollak PLLC works closely with individuals and employers to evaluate whether a proposed role aligns with TN criteria. We confirm the profession's eligibility, review job descriptions for compliance, and assess academic or professional qualifications to strengthen each application.
TN Visa Application Process for Canadians and Mexicans
The process of applying for a TN visa varies depending on whether the applicant is a Canadian or Mexican national. Understanding these distinctions is key to ensuring a successful submission.
For Canadian Citizens
Canadian professionals can apply for TN status directly at a U.S. port of entry—land border or airport—without first obtaining a visa from a consulate. At the border, the applicant must provide:
- Proof of Canadian citizenship
- A letter from the U.S. employer detailing the job offer, duties, length of stay, and TN category
- Supporting evidence such as degrees, licenses, and proof of professional experience
Upon approval, U.S. Customs and Border Protection (CBP) officers will issue TN status on the spot.
For Mexican Citizens
Mexican nationals must apply for a TN visa at a U.S. consulate. This process includes:
- Completing the DS-160 form online
- Scheduling and attending a visa interview
- Submitting a passport, employer support letter, and supporting documents
Once approved, the visa is stamped in the passport and the applicant may then enter the U.S. and begin employment.
Pollak PLLC ensures that both Canadian and Mexican applicants have well-prepared documentation and a strong understanding of the procedures. We guide you through what to expect during interviews and entry inspections, helping you avoid common pitfalls and unnecessary delays.
Duration, Extensions, and Travel Considerations
The TN visa is designed for temporary employment, but it offers significant flexibility for professionals who continue to meet the program's requirements.
Initial Period and Renewals
TN status is typically granted for up to three years. However, extensions can be requested as long as the individual continues to meet the eligibility criteria and the employment relationship remains valid. There is no limit to the number of extensions, provided the intent to remain temporarily in the U.S. remains credible.
Nonimmigrant Intent
Unlike H-1B or L-1 visas, TN status does not permit dual intent. Applicants must consistently demonstrate an intention to return to their home country after their authorized stay. This means that steps toward permanent residency (green card) can complicate future TN renewals or reentry.
Travel and Reentry
TN visa holders may travel freely in and out of the U.S. during their period of authorized stay. It is important to maintain valid travel documents and be prepared to present supporting evidence of employment and TN status when reentering.
Pollak PLLC helps clients manage renewals and travel-related concerns. We provide strategic advice about maintaining TN status while exploring other immigration options when long-term stay becomes a consideration.
Employment Changes and TN Visa Compliance
Maintaining TN status requires careful attention to the terms of employment initially approved by Customs and Border Protection (CBP) or a U.S. consular officer. Any material change to your role, employer, or location may impact your eligibility and must be addressed proactively.
Changing Employers or Job Duties
If you plan to change employers, you must submit a new TN application—either through U.S. Citizenship and Immigration Services (USCIS) if you're in the United States, or at a port of entry or U.S. consulate if applying from abroad. This rule also applies to substantial modifications in job duties. A promotion that alters the core nature of your position or a reassignment to different responsibilities may require a new application to reflect those changes.
Failing to update your status in these circumstances risks a violation of immigration rules. Even a seemingly minor role shift could be interpreted by immigration officers as working outside the approved scope, which may lead to status revocation or future visa ineligibility.
Pollak PLLC evaluates your specific employment scenario to determine whether a refiling or amendment is required. We ensure your documents align with the updated job responsibilities and meet all relevant legal standards. Whether you're accepting a new offer or transitioning within the same company, our team prepares your case with clarity and precision.
Worksite Changes and Remote Employment
Changes in the physical work location—including shifts to remote work—can also raise compliance questions. Although TN regulations do not explicitly prohibit remote work, significant changes in worksite address or job location should be disclosed and may require additional documentation.
Pollak PLLC helps employers and employees evaluate whether a new location constitutes a material change. When appropriate, we prepare and submit updated filings or provide guidance on whether travel-based reentry or consular refiling may be a more efficient path.
Staying Compliant with TN Visa Rules
To maintain lawful TN status, employees must strictly follow the terms of their visa approval. This includes:
- Working only for the employer listed in the original TN application
- Performing the duties described in the approved job letter
- Adhering to the stated duration and expiration dates of TN status
Overstepping these boundaries—intentionally or not—can lead to complications during future visa renewals or border inspections. Immigration officers carefully scrutinize travel and employment histories for discrepancies.
Our firm offers continued support to keep you in good standing. We monitor changes in immigration enforcement trends and provide tailored guidance so you can focus on your career without sacrificing compliance.
Pollak PLLC serves as your long-term legal partner, ready to assist with status extensions, employment changes, and compliance updates. We help you stay one step ahead of potential pitfalls and maintain uninterrupted legal status throughout your professional journey.
Family Members and TD Status
Professionals who enter the United States under the TN visa classification often wish to bring their immediate family members with them. To accommodate this, the U.S. government permits eligible dependents to accompany or join TN visa holders under a related visa category known as TD status.
Understanding TD Visa Eligibility and Scope
TD visas are available exclusively to the spouse and unmarried children under the age of 21 of a TN visa holder. This status allows family members to live in the United States for the same duration as the principal TN holder. As long as the TN visa remains valid, TD dependents can remain lawfully in the country.
While TD status allows dependents to reside and study in the U.S., it does not include work authorization for spouses. This limitation is an important consideration for couples deciding whether the TN visa is the most suitable option, particularly if both partners wish to pursue professional opportunities. In these situations, Pollak PLLC provides thoughtful guidance on whether alternative immigration pathways should be considered.
Access to Education and Daily Life in the U.S.
Children on TD visas are eligible to attend school at all levels, from elementary through university. This access to education is a key advantage for families relocating to the U.S. under the TN program. Although TD dependents cannot work, they can fully participate in community life, pursue academic goals, and experience American culture alongside the primary visa holder.
Our firm offers support beyond the visa application itself. We help families evaluate school options, understand local residency requirements for enrollment, and develop a plan for maintaining TD status over time. Whether you're enrolling children in public schools or exploring private institutions, Pollak PLLC helps you take full advantage of the educational opportunities available.
TD Visa Application Procedures for Canadians and Mexicans
The process for obtaining TD status varies slightly based on nationality. Canadian family members may apply at the port of entry at the same time the TN visa holder is admitted. This approach simplifies the timeline and allows families to arrive together without a separate consular process.
Mexican dependents, however, must apply for TD visas through a U.S. consulate. This involves completing visa application forms, scheduling interviews, and submitting supporting documentation such as proof of relationship and evidence of the TN visa holder's status. The process requires careful coordination, especially when arranging family travel.
Pollak PLLC assists clients in preparing strong TD visa applications, ensuring that all necessary documents are submitted accurately and efficiently. Our firm helps families plan for interview questions, manage supporting records, and avoid common errors that can delay or complicate approval.
Long-Term Considerations and Status Maintenance
Even after initial approval, maintaining TD status requires ongoing attention. Any change to the TN visa holder's employment or legal status can directly affect the dependents' right to remain in the U.S. For example, if the TN visa is terminated, expires, or is not renewed, TD status will end simultaneously.
To protect the legal status of every family member, Pollak PLLC monitors important dates and helps coordinate renewal filings for both TN and TD statuses. We offer proactive reminders and strategic planning so you don't encounter gaps in lawful presence.
Relocating as a family presents both opportunities and challenges. Our team provides compassionate legal guidance throughout the immigration journey—ensuring your loved ones are included, protected, and well-positioned to thrive in the United States.
Why Work with Pollak PLLC on Your TN Visa Case
Choosing the right immigration law partner can make all the difference in your visa experience. TN visa applications must be precise, timely, and professionally presented. Even minor oversights can result in denial or complications at the border.
At Pollak PLLC, you benefit from more than 27 years of focused immigration law experience. We have worked with hundreds of TN visa clients across numerous professional fields and industries. Our firm delivers:
Personalized Legal Strategy
Every case is unique. We take time to understand your professional background, employer's needs, and long-term goals. Our lawyers structure your application to highlight eligibility and mitigate any risks or red flags.
Reliable Support and Communication
We maintain close contact with our clients throughout the process, from the first consultation through visa issuance and follow-up concerns. You'll never be left wondering about the next step or the status of your case.
Attention to Detail and Long-Term Planning
Our work is not just about securing your initial visa. We help you plan for renewals, future immigration options, and family considerations. Whether you intend to work temporarily or transition to permanent residency later, our team provides clear, actionable guidance.
If you're seeking a TN visa in Dallas or need support maintaining your current status, Pollak PLLC is here to help. Contact us today to schedule a consultation and get started with your immigration solution.
