TN visa hiring: how employers hire Canadian and Mexican professionals under USMCA

TN status lets citizens of Canada and Mexico work for a U.S. employer in one of the professions listed in the United States-Mexico-Canada Agreement (USMCA), if they hold the credentials that list requires and the job is prearranged, full or part time. Neither the regulation nor USCIS sets a lottery, a cap or a labor condition application for TN. Canadians can apply at the border with an employer letter, Mexicans need a TN visa from a U.S. consulate, and each admission lasts up to three years. Unlike H-1B, a TN worker cannot start with a new employer until that employer's petition is approved or the worker is readmitted with new paperwork, as of November 2026.

This page is for the employer and the recruiter. The interview questions are in work authorization questions in interviews; the Form I-9 steps are in Form I-9 for TN workers, and the extension entries that TN shares with H-1B in Form I-9 for H-1B workers.

Who qualifies for TN?

USCIS lists five conditions. The candidate:

• is a citizen of Canada or Mexico (permanent residence in either country is not enough);
• works in a profession included in the USMCA;
• is offered a position that requires that professional;
• will work in a prearranged full-time or part-time job for a U.S. employer or entity; and
• has the qualifications to practice the profession.

The regulation's definitions add two limits. TN does not allow a business in which the professional is in substance self-employed, including work for a company the person solely or controllingly owns. And the entry must be temporary: the person must show the assignment will end at a predictable time and that they will leave when it does.

Which professions are on the list?

The full list, with the minimum credential for each, is in 8 CFR 214.6(c). A sample of the entries:

"State or provincial license" means a license from a state, provincial or federal government, not a local one. Degrees earned outside Canada, Mexico and the United States must come with an evaluation from a credentials evaluation service. Write the offer around the duties the person will actually perform (an offer letter template helps keep duties, pay and start date consistent with the TN letter); a title chosen to match the list does not make a role qualify.

How does a TN hire get approved?

Canadian citizens

1. At the border. The candidate applies to CBP at a designated port of entry or a preclearance or pre-flight station with proof of Canadian citizenship, the employer letter, any credential evaluation and the fee. CBP has designated 14 ports, including four preclearance locations, for optimized processing of first-time TN applicants, though CBP says applicants may still use any port on the Canadian border.
2. Or through USCIS first. The employer files Form I-129 (premium processing is available); with the approval notice and proof of citizenship, the candidate then applies to CBP for admission.

Mexican citizens

Mexican citizens must apply for a TN visa at a U.S. embassy or consulate in Mexico, as USCIS and the State Department's TN visa page explain, then seek admission at a port of entry with a valid passport and the visa.

The employer letter

Under 8 CFR 214.6(d)(3)(ii), the documentation must affirm the profession on the USMCA list, describe the professional activities with a brief summary of daily duties where appropriate, state the anticipated length of stay, show the educational qualifications or credentials, and state the arrangements for pay. Once CBP admits the worker in TN status for your company, they are authorized to work for you (8 CFR 274a.12(b)(19)); complete Form I-9 as for any new hire.

How long does TN last, and how do extensions work?

• Up to three years per admission (8 CFR 214.6(e)) or per extension approved by USCIS ((h)(1)(iii)), with no specific limit on total time while the person keeps doing TN work and maintains status ((h)(1)(iv)).
• Extension by petition. The employer files Form I-129 while the worker is physically in the United States. If it is filed on time, the worker may keep working for you for up to 240 days after the I-94 end date while it is pending, under 8 CFR 274a.12(b)(20); M-274 Section 7.7 says to write "240-day Ext." and the I-129 filing date in Section 2 Additional Information, keep proof of the filing with the form, and complete Supplement B with the new I-94 on approval (see I-9 reverification).
• Or a new admission. The worker may instead apply at the border, before the current admission ends, for a new three-year period with a new employer letter.
• Around the job. The worker may be admitted up to 10 days before and 10 days after the validity period but may work only during it, and keeps status for up to 60 days after a job ends, once per validity period, under 8 CFR 214.1(l).

Two DHS proposals touch TN and are not in effect: one would remove the 60-day grace period (comments close November 10, 2026), and one would remove the deference USCIS gives to prior approvals when deciding extensions (comments close November 13, 2026).

Can a TN worker switch to your company and start right away?

No. Under 8 CFR 214.6(i), a TN worker who wants to change or add a U.S. employer must have the new employer file Form I-129, and "employment with a different or with an additional employer is not authorized prior to Department approval of the request." The other route is readmission at the border, or a new visa application for Mexican citizens, with the new employer's documentation. A move to a branch of the same employer doing the same work needs no action; a move to a separately incorporated subsidiary or affiliate needs a new filing. Build the approval time into the start date, and ask whether premium processing is worth it.

What does a TN hire cost?

As of November 2026, Form I-129 for TN costs $1,015 on paper or $965 online, or $510 for small employers and nonprofits, plus the Asylum Program Fee of $600, $300 for employers with 25 or fewer full-time-equivalent employees, or $0 for nonprofits. Premium processing is $2,965. Canadians admitted at the border pay the fee the regulation prescribes at admission. The H-1B-only fees, such as ACWIA and the $100,000 payment, do not apply to TN.

Dependents

A spouse and unmarried children under 21 may hold TD status for no longer than the TN worker's period. USCIS says they may study but are not permitted to work, and the regulation bars TD employment unless otherwise authorized. Mexican TD dependents need a TD visa.

What may recruiters ask, and what are the risks?

• Ask the standard two questions. A TN candidate who needs your company to support a new TN may answer yes to the sponsorship question; treat that answer the same way for every candidate.
• Declining to support TN. TN workers are not among the "protected individuals" in 8 U.S.C. 1324b(a)(3), so federal citizenship status discrimination rules do not stop an employer from declining to sponsor; national origin discrimination and document abuse protections still apply to everyone who is work-authorized.
• Never recruit "Canadians only" or "TN only". IER's FAQ says failing to consider qualified U.S. citizens, nationals, recent permanent residents, refugees or asylees because an employer prefers temporary visa workers violates the INA, and a preference for one nationality raises national origin issues; see citizenship status discrimination in hiring.
• Green card plans. TN requires temporary intent. If you may sponsor permanent residence, plan the sequence with counsel before you file.

A TN hiring checklist

• Match the real duties to a profession in 8 CFR 214.6(c) and confirm the candidate holds the listed credential.
• Get a credentials evaluation for any degree from outside Canada, Mexico and the United States.
• Draft the employer letter with duties, length of stay, credentials and pay, and have counsel review it.
• For a worker already in TN with another employer, set the start date after approval or readmission.
• Calendar the I-94 end date and file any extension before it.
• Complete Form I-9 within three business days, letting the employee choose the documents; see I-9 List A, B and C documents.