If you're a Canadian or Mexican professional looking to work in the United States, the TN visa remains one of the most powerful tools available. The key is knowing where things stand right now, what still works in your favor, and how to put together an application that holds up under today's scrutiny.
Here's what you need to know.
The TN visa is a nonimmigrant work visa created under the North American Free Trade Agreement (NAFTA) and carried forward in the United States-Mexico-Canada Agreement (USMCA). It allows citizens of Canada and Mexico to work temporarily in the U.S. in specific professional occupations — think engineers, accountants, scientists, lawyers, nurses, and dozens more across 63 recognized categories. (USCIS Policy Manual, Volume 2, Part P: uscis.gov/policy-manual/volume-2-part-p)
Unlike many other work visas, the TN doesn't require a labor market test or is subject to a congressional cap. There's no lottery. If you qualify, you can apply. That alone sets it apart from virtually every other employment-based visa option on the market.
This is one of those visa categories where the advantages are genuinely hard to beat — especially compared to the H-1B.
No annual cap — You're not competing in a lottery. If you qualify, you apply and get a decision.
Fast processing for Canadians — Canadian citizens can apply directly at a U.S. port of entry without visiting a consulate first. Approval can happen the same day. (USCIS: uscis.gov/working-in-the-united-states/temporary-workers/tn-usmca-professionals)
Three-year initial period — Each TN admission grants up to three years, renewable indefinitely as long as you continue to meet the requirements. (USCIS Policy Manual, Volume 2, Part P, Chapter 4: uscis.gov/policy-manual/volume-2-part-p-chapter-4)
Family members can join you — Spouses and unmarried children under 21 can accompany you on a TD dependent visa, though they cannot work in the U.S. on that status. (USCIS Policy Manual, Volume 2, Part P, Chapter 4: uscis.gov/policy-manual/volume-2-part-p-chapter-4)
No heavy employer sponsorship burden — Unlike the H-1B, where certain new petitions now carry a significant $100,000 fee imposed by presidential proclamation (discussed in more detail below), the TN process is comparatively streamlined and affordable.
Can be used as a bridge to permanent residence — Many professionals use TN status while simultaneously pursuing a green card through employer sponsorship.
For Canadian and Mexican professionals in fields like engineering, healthcare, business consulting, and science, the TN is often the fastest legitimate route to U.S. employment. Brudner Law regularly helps professionals in these fields navigate the application from start to finish — reach out through our contact page to get started.
In June 2025, USCIS issued revised policy guidance that fundamentally changed how TN applications are reviewed. These rules are fully in effect now and are shaping every application being filed in 2026. (USCIS Policy Alert PA-2025-05, effective June 4, 2025: uscis.gov/policy-manual/volume-2-part-p)
USCIS clarified that TN employment must be with a U.S. employer or entity. Foreign-owned companies operating in the U.S. may no longer qualify, even if they have a domestic presence. Self-employment continues to be prohibited entirely. If you work through a staffing arrangement or a foreign parent company's U.S. branch, this update could affect your eligibility. (USCIS Policy Manual, Volume 2, Part P, Chapter 2: uscis.gov/policy-manual/volume-2-part-p-chapter-2)
Engineers must now hold a qualifying engineering degree that is directly related to the position being offered. Computer-related roles that don't have a true engineering foundation don't qualify under the Engineer category — a significant shift for tech professionals who previously used this classification for broader software and systems roles. (USCIS Policy Manual, Volume 2, Part P, Chapter 6: uscis.gov/policy-manual/volume-2-part-p-chapter-6)
The ST/T category now requires the applicant to work in direct support of a supervisory professional in one of 10 specific scientific disciplines. Roles in patient care no longer qualify, as medicine is not one of the 10 covered disciplines. Only lab-based or research support roles tied directly to qualifying scientific disciplines will pass review. (USCIS Policy Manual, Volume 2, Part P, Chapter 6: uscis.gov/policy-manual/volume-2-part-p-chapter-6)
USCIS explicitly clarified that this category does not cover programmers. If the core of your job is writing code, a different visa category may be required. (USCIS Policy Manual, Volume 2, Part P, Chapter 6: uscis.gov/policy-manual/volume-2-part-p-chapter-6)
The Economist category no longer covers market research analysts, marketing specialists, or financial analysts. If your work touches economics but falls into one of those adjacent roles, a different pathway may be needed. (USCIS Policy Manual, Volume 2, Part P, Chapter 6: uscis.gov/policy-manual/volume-2-part-p-chapter-6)
If the qualifying profession requires a degree, you need to hold one — period. The experience equivalency pathway that some applicants previously relied on is gone. This is one of the most consequential changes for experienced professionals without formal credentials. (USCIS Policy Manual, Volume 2, Part P, Chapter 2: uscis.gov/policy-manual/volume-2-part-p-chapter-2)
The 2025 updates don't make the TN unavailable — they make it more precise. The good news is that if you genuinely meet the requirements, you're in a strong position. The challenge is that a weak or misaligned application now has far less margin for error.
Your job duties matter as much as your job title — USCIS is scrutinizing whether what you actually do each day maps to the USMCA profession, not just whether your title sounds right.
Your degree field matters more than ever — Generic degrees won't cut it if the profession requires a specific field of study.
Your employer letter is critical — A vague or generic offer letter will invite problems. It needs to clearly describe your role, duties, and how your qualifications align with the listed profession in specific, concrete terms.
If your situation touches any of the updated categories above, this is exactly where professional guidance saves you time and rejection risk. Explore our Employment Immigration services to learn how Brudner Law can help.
Yes — and in the current environment, that planning matters more than ever.
The TN is technically a nonimmigrant visa, but many professionals on TN status pursue permanent residence simultaneously through employer-sponsored green card pathways like the EB-2 or EB-3 categories. You can begin the green card process while on TN status, but the structure and timing need to be handled carefully to avoid jeopardizing your TN renewals while that process is underway.
This is exactly the kind of strategic planning that benefits from working with an immigration attorney. Explore your options on our Employment Immigration page or reach out to Brudner Law directly to talk through your situation.
For Canadian and Mexican professionals, the TN often wins on simplicity and speed. Here's a quick comparison.
TN Visa — Best for professionals who clearly qualify under a USMCA occupation and want a fast, cost-effective path. No lottery, no cap, same-day processing for Canadians at the border. Employer costs are minimal compared to other visa types.
H-1B Visa — Best for specialty occupation professionals who don't qualify for TN or need a more explicit dual-intent framework. Subject to an annual cap and lottery, with heavier employer sponsorship requirements. Note: On September 19, 2025, President Trump signed a Presidential Proclamation imposing an additional $100,000 fee on certain new H-1B petitions filed on or after September 21, 2025. This fee is not universal — it applies specifically to new petitions filed on behalf of beneficiaries who are outside the United States and do not already hold a valid H-1B visa. Extensions, changes of status, and amendments for individuals already present in the U.S. are not subject to the fee. The proclamation is currently being challenged in federal court by the U.S. Chamber of Commerce and other plaintiffs. (USCIS H-1B Specialty Occupations page: uscis.gov/working-in-the-united-states/h-1b-specialty-occupations; USCIS FAQ: uscis.gov/newsroom/alerts/h-1b-faq) For employers whose candidates are abroad and do not hold existing H-1B status, the TN is an even more attractive option when the candidate qualifies.
O-1 Visa — Best for professionals with extraordinary ability or achievement — senior researchers, top executives, award-winning specialists. More complex to assemble but extremely powerful when the evidence is strong.
EB-1 / EB-2 / EB-3 Green Card — Best for professionals who want permanent residence rather than temporary status. Many TN holders pursue employer-sponsored green cards while maintaining TN status as a bridge.
If you're unsure which path fits your situation, Brudner Law offers consultations to map out the right strategy for where you are right now.
Verify your profession is on the USMCA list — The list is specific, and 2025 guidance narrowed several categories that were previously more flexible.
Confirm your degree aligns with the job — Engineering, science, and technical roles now require a direct match between your field of study and your actual job duties.
Get a strong employer support letter — This document carries enormous weight. It should describe your role, duties, qualifications, and the connection to the qualifying USMCA profession in specific, concrete terms.
Confirm your employer is a U.S. entity — Foreign-owned companies with U.S. operations may not qualify under the updated guidance. Clarify your employment structure before filing.
Don't rely on experience in place of a degree — If your profession requires a bachelor's degree, that requirement is now firm. There is no experience equivalency workaround.
Start thinking about long-term status — Given the upcoming USMCA review, professionals who want to stay in the U.S. long-term should explore green card options sooner rather than later.
If you have questions about the TN visa, Brudner Law can help you move forward with clarity. Whether you're applying for the first time, renewing an existing status, or reassessing your options in light of the approaching USMCA review — getting a clear-eyed assessment before you file is the most important step you can take.
The TN visa remains one of the best work visa options available for Canadian and Mexican professionals. It just requires a stronger, more precise application than it did a few years ago — and in 2026, the stakes of getting it right are higher than ever. If you have questions about the TN visa, contact Brudner Law to talk through your options.
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