What Is USMCA
The United States-Mexico-Canada Agreement (USMCA) is a trade agreement that replaced NAFTA on July 1, 2020. For immigration purposes, USMCA established the TN Visa category, which allows Canadian and Mexican citizens to work temporarily in the US without requiring labor certification or a sponsoring employer petition through USCIS. The TN visa is the visa classification most directly tied to this trade agreement.
While USMCA itself is primarily a trade deal, it created a unique nonimmigrant work visa pathway that bypasses certain steps required for other visa categories. This makes it relevant to your immigration planning if you're a Canadian or Mexican citizen seeking temporary work authorization or considering longer-term immigration goals.
TN Visa and Immigration Status
The TN visa is available to Canadian and Mexican nationals employed in specific professional occupations listed in Appendix 16.A of the USMCA agreement. As of 2024, there are 63 eligible occupations ranging from accountants and engineers to graphic designers and management consultants. The visa carries no annual cap, unlike H-1B or other employment-based visas.
TN visa holders are nonimmigrant visa holders, meaning they have no automatic pathway to permanent residence or a green card simply by holding TN status. If you're on a TN visa and want to immigrate permanently, you must pursue a separate immigration process, typically through employment-based green card categories (EB-2 or EB-3) or family sponsorship.
Maintaining and Extending TN Status
TN status is initially granted for up to three years for Mexican nationals and up to one year for Canadian nationals, though extensions are available. You maintain TN status only while employed by the sponsoring employer in an eligible occupation. If you change employers, you must obtain new TN authorization before starting work with the new employer. Canadian nationals can apply for TN status directly at the US port of entry without requiring pre-approval, while Mexican nationals must apply through a US consulate.
USCIS does not issue TN visas through the I-129 petition process. Instead, Department of State consulates handle approvals for Mexican nationals, and US Customs and Border Protection (CBP) processes Canadian nationals at the border. This streamlined process is one reason TN status has become popular for qualified Canadian and Mexican professionals.
TN Status and Green Card Pathways
If you're on a TN visa and your employer wants to sponsor you for permanent residence, you'll need to file Form I-140 (Immigrant Petition for Alien Worker) through USCIS. You can concurrently file Form I-485 (Application to Register Permanent Residence or Adjust Status) once a priority date is available. The priority date is based on the labor certification filing date (for EB-2 or EB-3 categories) and determines when you can begin adjustment of status processing.
TN status itself does not count toward the "unlawful presence" bars that affect other nonimmigrants, which is favorable for future green card applications. However, you cannot work for a different employer while your green card application is pending unless USCIS approves an advance parole document or you file Form I-765 (Application for Employment Authorization Document).
Common Questions
- Can I adjust status to a green card while on a TN visa? Yes, if your employer sponsors you through the employment-based green card process. You'll file I-140 and I-485 forms. Unlike some visa categories, TN status does not prevent you from seeking permanent residence, though you must have an approved petition and an available priority date.
- Do TN visa holders need labor certification? No. USMCA eliminated the requirement for labor certification (PERM process) for TN occupations. This is a significant advantage compared to H-1B workers pursuing green cards, who must complete labor certification before the I-140 petition.
- What happens to my TN status if I apply for a green card? Your TN status remains valid throughout the green card application process as long as you continue working for your sponsoring employer. If your green card is approved and you become a lawful permanent resident, your TN status automatically ends.