TN Visa Lawyer in Austin, TX

What Is a TN Visa?

The TN is a non-immigrant work visa available to citizens of Canada and Mexico who are coming to the United States to work in a qualifying professional occupation under the United States-Mexico-Canada Agreement (USMCA). It replaced the NAFTA TN category when USMCA took effect on July 1, 2020, though the list of qualifying professions remained the same.

The TN offers several practical advantages over other employment visa categories:

• No lottery or annual numerical cap; applications can be filed or presented at any time
• Faster processing than most employment-based visa categories
• Renewable in three-year increments with no statutory limit on total time in TN status
• Available for a broad range of professional occupations across many industries
• Simplified process for Canadian citizens, who can apply directly at a U.S. port of entry

USCIS updated its TN Policy Manual in 2025, imposing stricter eligibility guidelines. The updated guidance tightened the analysis of whether a position genuinely qualifies under the USMCA professional list and explicitly reinforced the prohibition on self-employment. Applications that might have sailed through under earlier standards now face more careful review.

Who Qualifies for a TN Visa?

To obtain TN classification, applicants generally must demonstrate:

• Citizenship in Canada or Mexico (permanent residents and landed immigrants do not qualify)
• A qualifying professional occupation under the USMCA Chapter 16 Appendix 2 professional list
• The educational credentials or professional qualifications required for that specific occupation
• A legitimate job offer from a U.S. employer for a temporary position
• Genuine intent to work temporarily in the United States, not permanently

Qualifying Professions

The USMCA professional list covers a wide range of occupations. Commonly qualifying roles include:

• Engineers across various disciplines
• Accountants and management consultants
• Scientists and researchers
• Computer systems analysts
• Architects
• Teachers and university professors
• Medical and allied health professionals
• Lawyers admitted in Canada or Mexico

The list is specific, so not every role that requires an advanced degree qualifies. The position title, the actual duties performed, and the applicant's credentials must all align with the definitions in the USMCA appendix. A mismatch in any of these three areas is enough to trigger a denial.

How Nanthaveth & Associates Handles TN Cases

Step 1: Eligibility Review

We assess your profession, your credentials, your proposed U.S. role, and your employer's documentation to confirm TN eligibility and identify any issues that need to be addressed before the application is filed or presented.

Step 2: Employer Letter Preparation

The employer support letter is one of the most important documents in a TN application. We work with you and your employer to ensure it addresses every element CBP officers and consular officials expect to see, including the specific USMCA professional category, duties, and credential requirements.

Step 3: Application Strategy

The filing process differs for Canadian and Mexican citizens, and the right approach depends on your specific circumstances. We advise you on whether to apply at a U.S. port of entry, through a consulate, or via USCIS petition, and then guide you through the process that makes the most sense for your situation.

Step 4: Port of Entry and Interview Preparation

Whether you’re a Canadian citizen applying at the border or a Mexican citizen attending a consular interview, we prepare you for the questions officers are likely to ask, the documents to have ready, and how to present your role clearly and accurately.

Step 5: Renewals and Status Maintenance

TN status can be renewed in three-year increments. We track renewal timelines, advise on any changes in your role or employer that may affect your status, and manage the renewal process to keep your authorization current.