Frequently Asked Questions - TN Visa

Job titles approved for TN classification

U.S. Customs and Border Patrol (CBP) indicates that, due to the fact that Sales Engineer or engineering manager is not among the professions listed in Appendix 1603.D.1, such an individual would not be approved for the TN classification.

Applicant seeking admission as a NAFTA professional
Procedure to seek supervisory review for a citizen of Mexico

U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a TN applicant for the period of employment up to three years, the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. If this does not occur, an inquiry with the Special Cases Office could be initiated in order to have the admission reviewed.

Mexican citizen with valid TN visa confirming employment period

U.S. Customs and Border Patrol (CBP) indicates that this is true. A Mexican citizen TN nonimmigrant applicant for admission whose passport is valid for the requested admission period, and who is in possession of an employment letter confirming the employment period of up to 3 years, should be admitted for a 3-year admission period.

Mexican citizen with a valid TN visa

U.S. Customs and Border Patrol (CBP) indicates that a Mexican citizen with a valid TN visa, if otherwise admissible, may be admitted as a TN for up to three years, if applicable, provided that the applicant’s passport remains valid during the duration of that period of time.

Applying for TD visa for wife of TN Visa Holder

She has to get a TD visa through a US consulate (either Bangladesh or Canada is ok). It should be a relatively short process -- from same-day to a few weeks, depending upon what the consulate needs. We do not practice Canadian law, so I do not know what you can do on the Canadian side, but US immigration laws have no problem with you applying for her Canadian immigration while on TN/TD.

Canadian with J-2 visa

You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.

J-2 to TN

You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

TN Visa denied

NAFTA clearly implies that you do not need a license (if you work under a licensed pharmacist).


Pharmacist—baccalaureate degree, licenciatura degree, or state/provincial license.

Holding Company Stocks on TN Visa

I see no issue with holding stock, but that will be a problem for PERM-based green card. Also, processing green card under TN can be problematic.

TN Holder laid off

Do not be alarmed. If you are a US citizen, there should be no issues.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Can TN work on 1099 as independent contractor

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/Gl2WiBEALtk?t=68

FAQ Transcript:

Traveling on a TN or L-1 Visa From Canada?

1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S.

Change of Status from J-2 to TN

Check with USCIS customer service