published on 13 February 2025 @ 2:49 pm · COMMENT
Guest Spotlight: Canadians Moving to the U.S.
Understanding Trade NAFTA (TN) Status – By: Becki Young, Partner and Nikki Whetstone, Managing Attorney at Grossman, Young and Hammond
What is TN status?
TN status allows citizens of Canada (and Mexico) to enter the US under the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). On the Canadian side this agreement is known as the Canada-United States-Mexico Agreement (CUSMA), and it was previously known as the North American Free Trade Agreement (NAFTA).
Whatever the agreement it is called, for Canadians who qualify under its provisions, it is one of the most straightforward ways for Canadians to get permission to live and work in the US.
What are the requirements?
To qualify, you must be coming to the US to work in an occupation designated under the USMCA (see list starting on P12 of this document https://ustr.gov/sites/default/files/files/agreements/FTA/USMCA/Text/16_Temporary_Entry.pdf). Some of the most common TN occupations include accountants, engineers, economists, lawyers, pharmacists, scientists, and teachers.
You must possess a relevant baccalaureate degree or appropriate credentials demonstrating status as a professional in one of the USMCA occupations (see the above link for the minimum educational requirements and alternative qualifications for each occupation).
What’s the application process?
You can make your application directly at a United States Class A port-of-entry, at a United States airport handling international traffic, or at a United States pre-clearance/pre-flight station. You must present proof of Canadian citizenship (passport), documentation of the offered job, and documentation of your qualifications.
Alternatively, if you are in the US in a different immigration status, you may file a petition with USCIS to change your status to TN.
What’s the duration of TN status?
You may request an initial period of stay for three years, and extend in three-year increments indefinitely, assuming you continue to perform a qualifying TN job, and you maintain nonimmigrant intent (in other words, you maintain permanent ties to Canada).
Do I need a lawyer?
In uncomplicated cases, many Canadians successfully file apply for TN status without the assistance of a lawyer. However, our office is often engaged to help when the applicant does not clearly fit into any of the TN occupations or does not obviously possess the required degree or qualifications. Certain USMCA occupations have a higher likelihood of receiving additional scrutiny from immigration officers, such as specific types of engineers, economists, and management consultants. Because our office is familiar with the types of issues that may arise for these occupations, we are able to proactively address them in the TN application.
We also frequently become involved when individuals have had prior denials at the border (or other US immigration issues) and want to maximize their chances of a successful entry. Also, because the current immigration climate in the US is highly charged in terms of employer compliance obligations, some employers prefer to have a lawyer prepare the TN application package to ensure that the filing is complete and accurate.
Additionally, some employers prefer to have a lawyer prepare the TN application package to ensure that the filing is complete and accurate, particularly in the current immigration climate in the US which is highly charged in terms of employer compliance obligations. We have seen some unfortunate cases where employers encountered immigration issues with a new employee due to inaccurate information submitted by previous employees in the TN application of a new company employee was negatively impacted by misrepresentations made in a prior employee’s TN application of a prior company employee.
If you require more information regarding working in the United States, please contact Grossman, Young and Hammond at the following link.