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Professionals working in the USA under CUSMA (NAFTA TN Visa)

Region: Ontario Answer # 1043

The North American Free Trade Agreement (NAFTA) was replaced by the Canada-United States-Mexico Agreement (CUSMA), known as the United States-Mexico-Canada Agreement (USMCA) in the United States, in July 2020. Only the name of the Agreement has changed, not eligibility requirements for work permits and visas.

What is TN status?

The Canada-United States-Mexico Agreement (CUSMA), like NAFTA before it, allows Canadian and Mexican citizens who are members of eligible professions to apply for temporary entry into the United States to engage in business activities at a professional level under the TN nonimmigrant classification (meaning they have TN status). These individuals are known as “NAFTA professionals” due to the name of the old Agreement, which U.S. Citizenship and Immigration still refers to NAFTA.

There are many rules regarding travelling to the USA to work, often involving Visas and travel permits. To get help, ask a lawyer now.

What is a NAFTA professional?

To be eligible to work temporarily in the United States with TN status, applicants must qualify as a NAFTA professional. The profession must be included under the NAFTA list of professionals, which can be found under Appendix 2 of CUSMA.

Some of the professional categories listed include, but are not limited to lawyer, accountant, teacher, management consultant, engineer, scientist, economist, librarian, computer systems analyst, social worker, mathematician, graphic designer and others.

As well:

  • Applicants must be citizens of Canada or Mexico; permanent residents are not eligible
  • Employment can be full-time or part-time job; self employment is not permitted

The applicant must also:

Have a valid job offer that meets certain requirements: For example, the offer must be temporary and outline job duties that are in line with those of the professional category. The letter of offer must state the category under which the individual is applying, provide detail on the job duties and indicate why the individual is qualified for the role. The letter should also clearly outline remuneration arrangements.

Possess the required qualifications:  Qualification requirements vary depending on the category, and may include a “baccalaureate degree” (i.e. bachelor’s degree) or a combination of a degree and years of experience. For example, engineers require a baccalaureate degree or state/provincial license.

Other categories, such as economist, social worker, or mathematician, require a baccalaureate degree.

The management consultant category requires a degree or at least five years of qualifying work experience. Other categories, such as the computer systems analyst, require a baccalaureate degree or a post-secondary diploma and three years of experience.

Where a degree is required, if it is from a foreign institution, it may need to be assessed for equivalency to a degree issued by a USA or Canadian institution. The post-secondary diploma is usually defined as one that is obtained after two years of coursework. Officers may also ask for evidence that the degree is related to the professional category.

What is a TN visa?

A TN visa is a nonimmigrant NAFTA Professional visa. Canadian citizens are generally eligible for admission to the United States without a visa.

When is a NAFTA Professional (TN) visa required? 

A TN visa is only required when a NAFTA professional applies for entry into the U.S. with a non-Canadian spouse and/or children. According to U.S. Citizenship and Immigration:

A Canadian who resides in a third country with a non-Canadian spouse and/or child(ren), and who plans to enter the United States as a NAFTA professional with family member(s), will need a TN visa in order for the family member(s) to be eligible to apply for derivative TD nonimmigrant visa(s).

How to enter the U.S as a NAFTA Professional without a TN visa

A Canadian citizen entering the U.S. without a TN visa can establish TN nonimmigrant status by presenting the required documentation to a U.S. Customs and Border Protection (CBP) officer at

  • a U.S. port-of-entry; or
  • at certain CBP-designated U.S. ports of entry; or
  • at a designated pre-clearance/pre-flight inspection station.

At the time of applying, the applicant should bring original application materials, including the signed employer letter and the original degree, where applicable. The applicant must provide proof of citizenship and should also carry proof of ties to a home country other than the U.S. in case information on temporary intent is requested by the officer. There may also be inspection fees the applicant must pay.

What about spouses and dependants?

A spouse and/or children under the age of 21 accompanying or “following to join” the TN applicant may be eligible for TN nonimmigrant status without a visa, with certain conditions:

  • they must be Canadian citizens;
  • they are not allowed to work while in the United States; and
  • TN status will be granted for the same amount of time as the principal TN nonimmigrant.

All individuals must also meet all other requirements for entry into the U.S. as per U.S. Customs and Border Protection. If a CBP officer finds the applicant eligible for admission, they will be admitted as a TN nonimmigrant.

For more information on NAFTA professionals and TN visas, visit U.S. Citizenship and Immigration.

Get help

A criminal record will prevent you from entering the USA or obtaining your USA immigration status. To erase your Canadian criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

There are many rules regarding travelling to the USA as a visitor, student, or to work, often involving Visas and travel permits. To get help, ask a lawyer now.


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