The TN classification allows citizens of Canada and Mexico to temporarily work in the U.S. in eligible professions. The TN is initially valid for up to 3 years and can be extended indefinitely.

To qualify for a TN, you must meet all three of the below requirements:

Canadian citizens do not need to obtain a visa stamp (the “visa sticker”) in their passport before entering the U.S. If you are a Canadian citizen, once you have the U.S. job offer and the attorney has prepared the TN documents for you, you can apply for the TN directly at the border.

Alternatively, the TN petition can first be filed with USCIS and, if approved, you can then present the TN approval notice and supporting documents at the border to request entry.

Depending on the strength of your TN, the attorney can recommend whether you should apply for the TN directly at the border or if you should first try to obtain the TN approval with USCIS before going to the border.

If you are a Mexican citizen, once you have the U.S. job offer and the attorney has prepared the TN documents for you, you can either directly apply for the TN at the U.S. embassy/consulate abroad and obtain the TN visa stamp, or first obtain the TN approval from USCIS before requesting the visa stamp.

Depending on the strength of your TN, our attorney can recommend whether you should apply for the TN directly at the embassy/consulate or if you should first try to obtain the TN approval with USCIS.

No, the TN is only eligible for citizens of Canada and Mexico. Permanent residents of Canada and Mexico are not eligible for TN classification.

Yes, if you need to file the TN with USCIS rather than directly apply at the Consulate/embassy/border, then the TN is eligible for premium processing with USCIS. Premium processing is an expedited service where you can receive a final decision within 15 days of filing, unless a Request for Evidence or a Notice of Intent to Deny (meaning that the government wants more information before making a decision) is issued. The cost of premium processing is currently $2,805.

Canadian citizens are visa-exempt, meaning that they do not require a TN visa stamp in their passport.

To enter the U.S. in TN status, Mexican citizens must have a TN visa stamp. Once we prepare your TN documents and you are ready for visa stamping, we will provide Mexican citizens with detailed visa stamping instructions.

The TN is initially valid for up to 3 years, and the TN status can be extended indefinitely.

Yes, the TN status can be extended indefinitely. The earliest the TN extension can be requested is 6 months before your status’ expiration.

As long as the TN extension is timely filed before your status expires, you will have up to 240 days of work authorization while the TN extension remains pending with USCIS. For example, if your TN status expires at the end of December 2024 and your TN extension was filed in November 2024 but still pending in December, you can remain in the U.S. while the extension is pending, plus have up to 240 days of work authorization after December 2024.

Yes, you may be able to change to a different job for the same employer. However, if there is a material change in your job duties, this may require a TN amendment. Before you accept a job change, please reach out to us and the attorney can evaluate whether a TN amendment filing is required.

We encourage you to remain employed with the TN employer through BDV. But, you may be able to change to a new employer in TN status, as long as the new job is also an eligible profession for TN classification. Before you accept a new job offer, please reach out to us.

The job with your TN sponsor should be your main priority. However, you may attend school in the U.S. while in TN status, as long as the schooling is incidental to your employment. In other words, studying cannot be your primary purpose for staying in the U.S.

The TN is employer specific. No side hustles! You cannot work for your TN sponsor and work part-time without authorization for another company.

If you lose your job in the U.S., you will have up to a 60-day grace period to find a new job and have your new employer file a TN Change of Employer petition for you, or file a Change of Status to change to a different status, or depart the U.S.

Please note that not everyone is eligible for the full 60 days. This grace period can be cut short if your authorized validity period does not cover the full 60 days. For example, if your TN is only valid until November 30th, 2024 but you lose your job on November 1, 2024, you only have the grace period until November 30th and not for the full 60 days. If you lose your TN job, please reach out to us ASAP.

Your spouse and unmarried children under the age of 21 are eligible for the TD nonimmigrant status, which is the dependent status to your TN. They are not allowed to work in the U.S. in TN status, but they can go to school. To be eligible for TD status, your dependent will need to document their relationship to you (marriage certificate if spouse, birth certificate if child), and evidence that you are in TN status.

If your dependent is a Canadian citizen, they are visa-exempt and would not require a visa stamp to enter the U.S. in TD status. They can bring the documents above and apply for the TD directly at the border when they want to enter the U.S.

If your dependent is not a Canadian citizen, before they can enter the U.S. in TD status, they will need to go for visa stamping at a U.S. consulate or embassy.

Yes. If you qualify for a TN, your spouse and children do not need to be citizens of Canada or Mexico to qualify for the TD dependent status. For example, your spouse can be a citizen of Germany and may still be eligible for the TD. Your dependent will need to document their relationship to you (marriage certificate if spouse, birth certificate if child), and evidence that you are maintaining your TN status.

Yes, you can be in TN status and file an I-140 immigrant petition. If you have valid TN status, you can still travel abroad and re-enter the U.S. after the I-140 immigrant petition has been filed with USCIS, and even after the I-140 has been approved.

Yes, even while in TN status, you may file the I-485 “green card” application if your priority date is current. However, there are intent issues at the I-485 stage that you should be careful about.

You will need to wait at least 90 days from your last entry in TN before you file the I-485 application, to mitigate any conflict in intent at the time of your TN entry. Also, once the I-485 is filed, you must remain in the U.S. until your Advance Parole is issued, which usually takes 6+ months. This is because, if you travel internationally and re-enter the U.S. in TN status with a pending green card application, this could be considered abandonment of your green card application. If you are pursuing the green card process through BDV, the attorney will discuss the timeline and international travel restrictions with you in further detail.