TN status comes from the trade agreement among the United States, Mexico and Canada and covers certain professionals. A TN visa lawyer helps with the job description, support letter and credentials, because small mistakes can cause a refusal at the border or consulate. The guide explains TN-1 for Canadians and TN-2 for Mexicans, the process, where applications run into trouble, extensions and moving toward a green card. Our Florida firm assists applicants and employers.
- TN-1 is for Canadian citizens and TN-2 is for Mexican citizens.
- The support letter and documents carry great weight.
- Small errors in the job description can lead to refusal.
- Extensions and green card planning are discussed in the guide.
Introduction
The TN classification lets qualifying Canadian and Mexican professionals work in the United States for a U.S. employer in a listed profession. This page explains how TN-1 and TN-2 applications work, where they tend to go wrong, and how a TN visa lawyer can help Florida professionals and employers prepare. To talk about a specific job offer, call 1-844-YO-PELEO or contact us.
TN can be one of the more direct work options available, but small mistakes in the job description or the credentials can lead to a refusal at the border or at a consulate. Because officers often decide these applications quickly, sometimes in a single interview, the quality of the support letter and the documents carries a great deal of weight.
This article is general information, not legal advice. Rules, forms and procedures change, so confirm current requirements with the agencies listed at the end of this page and with a lawyer who has reviewed your facts.
What Is TN Status and What Do TN Visa Lawyers Do?
TN status comes from the trade agreement between the United States, Mexico and Canada, now the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA. The agreement contains a list of professions, such as accountant, engineer, computer systems analyst, scientist, certain medical and teaching roles, and management consultant. Each profession has its own minimum education or credential requirement, often a bachelor's degree or a specific license.
To qualify, you generally need:
- Canadian or Mexican citizenship (permanent residence in those countries is not enough).
- A job offer from a U.S. employer, or a foreign employer with a U.S. contract, for prearranged professional work.
- A position that falls within one of the listed professions, at a professional level.
- The education or credentials required for that profession.
Self-employment does not qualify. TN status can be granted for a limited period at a time and can be extended, but it is a temporary status, and applicants must show that their stay is not permanent. A TN visa attorney reviews the job, the profession category and your credentials together, because a mismatch in any one of them is the most common reason for trouble. The lawyer can also explain what the employer should and should not say in the support letter.
TN-1 for Canadians and TN-2 for Mexicans
The process differs by citizenship, which is why people search separately for a TN-1 visa lawyer or a TN-2 visa lawyer.
Canadian citizens (TN-1)
Canadians do not need a visa stamp. They usually apply directly to U.S. Customs and Border Protection at a port of entry or at a preclearance location, presenting proof of citizenship, the employer's support letter and evidence of their qualifications. Some choose to have the employer file a petition with USCIS on Form I-129 instead, which can be useful when the person is already in the United States or wants an approval notice in hand before traveling.
Mexican citizens (TN-2)
Mexican citizens generally must apply for a TN visa at a U.S. embassy or consulate, complete the online visa application and attend an interview. After the visa is issued, they present it at the border to be admitted in TN status. Appointment availability varies by consulate, so plan early and check the State Department website for current instructions.
In both cases, spouses and unmarried children under 21 may accompany the professional in TD status. TD dependents may study but may not work.
How the TN Process Works in Florida
Whether you are a Canadian professional crossing at a port of entry or a Mexican professional applying at a consulate, the steps are similar in outline. The details depend on your citizenship and the employer's approach.
- Confirm that the job duties fit a listed profession and that you meet that profession's education or license requirement.
- Obtain a detailed employer support letter describing the job, duties, location, length of stay and pay.
- Gather your passport, diplomas, transcripts, licenses and any degree evaluation needed.
- Choose the filing route: direct application at the border for Canadians, a consular visa application for Mexicans, or an I-129 petition filed by the employer with USCIS.
- Attend the border inspection or consular interview prepared to answer questions about the job, your background and your plans.
- After admission, keep your I-94 record, track the end date of your status and calendar any extension well ahead of time.
Because Florida has no TN-specific rules of its own, the federal process governs. What Florida employers do control is the accuracy and consistency of the paperwork they provide.
Document Checklist for TN Applicants
- Passport and proof of Canadian or Mexican citizenship.
- A detailed employer support letter describing the job, duties, location, length of stay and pay.
- Diplomas, transcripts and any professional licenses required for the listed profession.
- An evaluation of foreign degrees, when needed to show U.S. equivalency.
- Prior I-94 records and any earlier TN approvals or refusals.
- A current résumé showing education and work history that match the profession.
- For Mexican applicants, the visa application confirmation and passport-style photographs as required at the consulate.
- Dependents' passports and civil documents if spouses or children will accompany you.
Bring originals and copies. If a document is not in English, ask your lawyer about translations, since officers expect clear, complete records.
Timeline and Processing Expectations
TN timing depends heavily on the route. A direct application at the border can be decided the same day, while a consular application depends on appointment availability and an I-129 petition depends on USCIS workloads. USCIS and the State Department publish current processing information, and we do not state specific times here because they change.
Plan for time to collect credentials, obtain a degree evaluation if one is needed, and have the employer finalize the support letter. Starting early also leaves room to fix a gap before you are standing in front of an officer.
| Stage | What happens | Who acts |
|---|
| Eligibility review | Job duties and credentials are compared with the listed profession | Professional, employer and lawyer |
| Support letter and documents | Letter, diplomas, licenses and evaluations are prepared | Employer and professional |
| Application | Border presentation, consular visa application or I-129 petition | Professional, employer, CBP, consulate or USCIS |
| Interview or inspection | Officer asks about the job, qualifications and intent | Professional and officer |
| Admission and tracking | TN status is granted and the end date is monitored | Officer, then professional and employer |
Where TN Applications Run Into Trouble
Officers decide TN applications quickly, often in a single interview, so the support letter has to do much of the work. A TN visa immigration lawyer typically looks for problems like these:
- Job title mismatch. The duties described must fit the listed profession, not just the title. A management consultant letter that describes an ongoing staff role may be questioned.
- Credential gaps. A degree in an unrelated field, or experience offered in place of a required degree, can be a problem for professions that require a specific degree.
- Immigrant intent. TN is not a dual-intent status. A pending immigrant petition or other signs of a plan to stay permanently can complicate a TN application or extension, so timing a later green card needs planning.
- Prior refusals or violations. A past TN denial, overstay or criminal record must be addressed carefully and truthfully.
A lawyer can prepare the support letter, organize credentials and prepare you for the questions officers commonly ask. If a problem is already in your file, it is much better to address it openly than to hope the officer does not notice.
Extensions, Job Changes and Moving Toward a Green Card
Your TN status is tied to a specific employer and role. Changing employers generally requires a new TN application or petition, and a material change in duties may need one as well. Extensions can be requested through USCIS or by applying again at the border or consulate, depending on citizenship and circumstances.
Many TN professionals later want permanent residence through an employer or a family member. Because of the nonimmigrant intent requirement, a lawyer can help you plan when and how to move toward a green card without putting your current status at risk. Our work visa practice handles both TN applications and the employment-based options that may follow, including the H-1B for some professionals. In some situations a different category, such as H-1B or an employment-based green card, fits the long-term plan better than repeated TN renewals, and it is worth comparing them early.
Preparing for the Border or Consular Interview
Officers commonly ask what you will do at work, who your supervisor will be, how long you plan to stay, and how your education relates to the job. Answer plainly and consistently with the support letter. If the letter says you will analyze data for a client, you should be able to describe that work in your own words without reading from a script.
Bring your documents in an organized folder, in the order of the checklist, and keep copies of everything you hand over. If an officer asks about a past refusal or a status problem, answer truthfully and briefly. Consider a practice session with your lawyer, especially if this is your first TN application or if earlier border experiences were difficult. Do not carry items that suggest permanent relocation without being ready to explain them, since TN applicants must show that their stay is temporary.
Choosing Among TN Visa Law Firms
The more useful question when comparing firms is whether a lawyer regularly handles TN cases and can explain how your specific job fits a listed profession. When you speak with a TN visa law firm, consider asking:
- Will the lawyer review and help draft the employer's support letter?
- Does the lawyer know the documentation officers expect for your profession?
- How will the firm prepare you for the border or consular interview?
- Can the firm help with later steps, such as an extension or a green card plan?
No lawyer can promise that an officer will approve a TN application. What a lawyer can do is make sure the application is accurate, complete and consistent.
Cost Factors and Fee Breakdown
The table lists the kinds of costs that commonly arise in a TN case; none of the amounts is stated here because they change.
| Item | Amount | Notes |
|---|
| USCIS petition filing fee (Form I-129), if the employer files | Check USCIS for the current fee | Not needed for a direct border application by a Canadian |
| Consular visa application fee (Mexican applicants) | Check the State Department for the current fee | Paid to the consulate system, not to the firm |
| Border or port-of-entry processing fee | Check the agency for current fees | Applies to some direct applications |
| Degree or credential evaluation | Varies by case | Only needed when credentials come from abroad |
| Attorney fees | Varies by case | Depends on scope, such as letter drafting and interview preparation |
Government filing fees change, and they differ by form and sometimes by the applicant's circumstances. Always check the agency's current fee schedule before you send any payment, because a filing submitted with the wrong fee can be rejected and the delay can matter. For TN, the route you choose decides which government fees apply, so confirm the route before budgeting.
Attorney fees are separate from government fees and depend on how complex the matter is. Ask for the scope of work in a written agreement, including whether responses to requests for evidence, interview preparation and later filings are included. Be cautious about any lawyer who guarantees an outcome, because the agency or consulate makes the final decision.
Common Mistakes to Avoid
- Describing the job by title alone instead of by the duties of a listed profession.
- Assuming that experience can replace a required degree without confirming the rule for that profession.
- Treating self-employment or an independent business as a TN job.
- Filing an immigrant petition without checking how it may affect a TN extension or border entry.
- Failing to disclose a prior refusal, overstay or arrest, which can create bigger problems than the event itself.
- Changing employers or duties without checking whether a new TN filing is required.
- Waiting until the status is about to end to plan an extension.
When to Call a Lawyer
Consider speaking with a TN visa lawyer before you accept a job offer, before you travel to apply, and any time you have a prior visa refusal, an overstay, a criminal record or a pending immigrant petition. A lawyer is also helpful when an employer is unsure how to word the support letter, or when you want to plan a move from TN to a green card. Early advice can prevent problems that are hard to repair after an officer has made a decision.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando, and we serve clients across Florida by phone and secure video, with in-person meetings in Orlando. William J. Vásquez is the founding attorney, and consultations are available in English and Spanish. Many Mexican professionals and their families find it helpful to consult in Spanish, and employers can ask us to review a support letter before an employee travels. To talk about your case, call 1-844-YO-PELEO or contact us.
Sources and References
Related services: work visa and TN services, immigration lawyers in Florida
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This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
