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The United States-Mexico-Canada Agreement (USMCA) authorizes the TN USMCA classification for Canadian and Mexican professionals. Eligible workers may enter the US in this category to perform certain professional services in the US. In addition, the classification allows qualified individuals to enter the US temporarily to perform professional services listed in the USMCA.
The TN USMCA offers temporary US work authorization for eligible Canadian and Mexican citizens. Admission in this status may last up to three years. In addition, workers may request extensions without a lifetime cap. The prospective position must appear in the USMCA professionals list (Appendix 2 to Chapter 16), which appears in the USMCA occupation list. Moreover, this classification often moves faster than categories such as the H-1B Visa. It has no annual quota and uses lower government filing fees. Canadians may apply at a US port of entry. Meanwhile, Mexican citizens must obtain a visa at a US consulate.
Spouses and unmarried children under 21 may accompany the principal worker in TD status. However, dependents may not work in the US. But they may study in the US in TD status.
The TN USMCA classification does not permit dual intent. Therefore, officers must see temporary intent at each entry. Workers who plan to seek lawful permanent residence should review timing and strategy with counsel. In many cases, they use an intermediate visa, such as the H-1B Visa, which does permit dual intent.
Processing steps differ for Canadian and Mexican citizens. So, applicants should know the requirements for their specific nationality before beginning the process.
The USMCA replaced NAFTA on July 1, 2020. However, the agreement maintained TN USMCA classification so eligible professionals from Canada and Mexico can continue to work in the US temporarily.
TN USMCA classification is not available for self-sponsorship. The worker must have a US employer. Moreover, TN USMCA rules bar self-employment. Nor does it permit ownership or control of the sponsoring business.
TN USMCA rules differ for Canadians and Mexicans. Canadians may apply at a land border or airport. However, Mexican citizens must first obtain a TN USMCA visa from a US consulate.
Before 2004, Mexican applicants had to obtain USCIS approval of a petition before applying for a visa. After USCIS approval, a Mexican applicant then applied for a visa at a US consulate and sought US entry from there. Mexican nationals could not apply directly at a border post as Canadians could.
Current rules no longer require Mexican citizens to file a USCIS petition for initial TN USMCA status. However, Mexicans still cannot apply directly at a border post. They must first obtain a visa at a US consulate. After that, they may seek admission at a US Class A port of entry, an international airport, or a US pre-clearance location.
Visa validity for Mexican applicants follows the Department of State reciprocity schedule. The schedule often limits visas to one year. However, it can change at any time. Importantly, visa validity does not control the admission period at the border.
US border officers may admit a Mexican citizen in this status for up to three years if their passport remains valid and they qualify for admission.
An Officer may give a Mexican applicant up to three years of admission if eligible, and if the passport remains valid for the entire period. Officers should match the admission period to the employer’s stated employment period, up to three years. In some cases, they may grant the full three years even when the visa expires sooner, as long as the passport remains valid and the applicant qualifies for entry.
TN USMCA workers may request extensions or employer changes by filing Form I-129 with USCIS. An extension does not require a labor condition application. USCIS reviews such filings to confirm ongoing eligibility. They may then extend or amend  status.