Hiring across the border
Canadian professionals can work in the United States under TN status. This page explains how it works, which roles fit, and where our part ends and immigration counsel's begins.
General information only. This is not legal or immigration advice, and rules change. Speak to an immigration lawyer before making decisions.
What TN status is
TN is a temporary work status for citizens of Canada and Mexico under the USMCA (the trade agreement that replaced NAFTA). It is for professionals with a job offer from a U.S. employer in an occupation the agreement lists. It is temporary by design: the stay has to have a finite end, although TN status can be renewed.
How a Canadian applies
Canadian citizens do not need a visa. They can apply for TN status directly at a U.S. port of entry or at a preclearance airport (Calgary, Toronto Pearson, Montreal Trudeau and Vancouver among them). The usual documents are proof of Canadian citizenship, a letter from the U.S. employer describing the role, its purpose and length, and evidence of the candidate's qualifications. An employer can instead file a petition (Form I-129) with USCIS, which is also how an extension is usually done without leaving the country.
Admission is granted in periods of up to three years. There is no fixed limit on renewals, as long as the person stays in a TN occupation and intends the stay to be temporary.
Which roles qualify
Only occupations on the USMCA list qualify. It includes accountants, engineers, computer systems analysts, management consultants, actuaries and mathematicians, scientists, lawyers and a range of health professionals, each with its own education or licence requirement. Where a bachelor's degree is required, work experience cannot stand in for it.
Some things that do not qualify:
- Construction trades such as welders, electricians and carpenters. U.S. guidance says TN is not for work normally done by the construction trades.
- Programmers, who are not covered by the systems analyst category.
- Warehouse, production and general labour, which are not on the list.
So TN suits many of the professional roles we place, such as accountants and finance managers, and does not suit trades or industrial roles. Other U.S. work categories exist for people who do not fit the list, and an immigration lawyer can advise on them.
Direct hire versus contract
TN can rest on an employee relationship with a U.S. employer or on a signed contract between the candidate (or their employer) and a U.S. business. It cannot be used to be self-employed in the United States. Third-party and staffing arrangements raise their own questions, which we do not answer here. They belong with immigration counsel before any offer is made.
What we help with, and what stays with counsel
What we typically help with: finding and screening candidates, confirming their education and credentials on paper, and gathering the job description and role details a support letter needs.
What stays with immigration counsel: deciding whether a role and candidate qualify, choosing the right category, preparing filings, and advising on what to say at the border.
Sources for this page are the USMCA text (Annex 16-A) and U.S. government guidance from USCIS and CBP.
Planning a cross-border hire?
Tell us the role and where it sits. We will tell you what we can do, and where you will need a lawyer.