TN/UMSCA VISAS

A Pathway for North-American Professionals

TN Visas were created as part of the North American Free Trade Agreement (signed in 1992, during Clinton Administration, with immigration provisions implemented in 1994 through separate legislation). In 2020, the Trump administration changed NAFTA through the United States-Mexico-Canada Agreement (USMCA), but changes were minor and did not really affect the immigration provisions which were implemented through a different statute.

The TN visa modified the process for entering as B-1/B-2 visitors, E-1/E-2 treaty traders and investors, and L-1 intracompany transfers

The TN/UMSCA visas allow for nationals of Canada and Mexico to enter the United States to pursue work in specific occupations delineated by statute. This includes scientists, health care professionals, teachers, and a host of other occupations, such as accountants, architects, lawyers, and more. Most occupations require a baccalaureate or licenciatura degree, although there are some exceptions.

The visa also permits family members of the primary applicant to come in as dependents, even if they are not nationals of Canada or Mexico, so long as the primary applicant is. And although Mexican citizens need to consular process, Canadians have the advantage to apply directly at one of 14 designated ports of entry and enter the United States without a visa.

An individual may be admitted to the United States in TN status for a maximum initial period of three years, with further three-year extensions. Another advantage of the TN visa is that it allows Canadian and Mexican professionals who have already completed six years in the H-1B or L nonimmigrant category to qualify for the TN category without having to spend one year abroad.