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USMCA · MEXICO AND CANADA
TN: Your already qualified profession, your job in the US without the lottery
If you are Mexican or Canadian with a university degree in a profession listed in USMCA Annex 16-A, you can work in the United States through a streamlined process, with no labor certification, no annual cap, and indefinitely renewable.
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THE ESSENTIALS
What is the TN visa and how does it work?
It is a nonimmigrant classification originally created by NAFTA and maintained under the USMCA (United States-Mexico-Canada Agreement), which allows citizens of Mexico and Canada to work temporarily in the U.S. in one of the professions listed in Schedule 16-A.
It does not require labor certification (PERM), it is not lottery-based like the H-1B, it has no annual cap, and it is renewed indefinitely in periods of up to three years — as long as professional employment is maintained and the intention to leave the country upon termination of the status is maintained.
🪪 Your nationality — citizen of Mexico or Canada, not a permanent resident of those countries.
🎓 Your profession — must match an exact category in Schedule 16-A and your required degree or license.
📄 Your job offer — a real employer in the U.S. with duties consistent with that profession.
requisitos
REQUIREMENTS
Who qualifies for the TN?
The TN evaluates the professional and the job offer separately. Green: clearly meets requirements. Amber: needs to be well documented. Red: without this, the case is not viable.
Tú, el profesional
Para calificar necesitas…
Mexican or Canadian citizenship
BASE REQUIREMENT
Degree, license, or exact experience required by the profession
BASE REQUIREMENT
Intent to leave the U.S. upon completion of status
DOCUMENT
Absence of indicators of dual intent (green card in process)
DOCUMENT
Permanent resident of Mexico or Canada (not a citizen)
DOES NOT QUALIFY
Your job offer
To qualify you need…
Real U.S. employer with a genuine employer-employee relationship
BASE REQUIREMENT
Job duties that match a category listed in Annex 16-A
REQUISITO BASE
Detailed offer letter specifying duties, title, and duration
DOCUMENT
Salary consistent with the professional position offered
DOCUMENT
Self-employment in the U.S.
DOES NOT QUALIFY
tn nvs
THE QUESTION EVERYONE IS ASKING
TN or H-1B: Which is your case?
If you're Mexican or Canadian, the TN route is almost always the best option — but there are exceptions where the H-1B is the correct route.
🟢 TN: quick, but intended to be temporary
Exclusive to citizens of Mexico and Canada in professions listed in Annex 16-A. Consular processing or at port of entry, no lottery.
✅ There is no annual quota or raffle
✅ Renewable indefinitely every 3 years
✅ Requires non-immigrant intent — dual intent is a risk
🟡 H-1B: slower, but with dual intent
Open to any nationality in specialized occupations, subject to annual lottery and with a 6-year limit.
✅ Allows for dual intent of permanent residence without conflict
✅ Subject to annual lottery — selection is not guaranteed
✅ Useful if you have already started or plan to start a green card process
proceso
OUR METHODOLOGY
Your TN, step by step
1
WEEK 1
Strategic profile assessment
We analyze your professional training, the functions of the offered position and its consistency with Annex 16-A.
2
ELIGIBILITY
Verification by nationality and profession
We confirm your Mexican or Canadian citizenship and the exact Annex 16-A category that applies to your case.
3
THE OFFER
Audit of employment and its functions
We reviewed the offer letter and the actual job duties to ensure a match with the listed profession.
4
THE ARMOR
Dual intent risk analysis
We evaluate your immigration history to anticipate and prevent objections regarding non-immigrant intent.
5
THE PACKAGE
Preparation according to nationality
We prepare the file for consular processing (Mexicans) or direct presentation at the port of entry (Canadians).
6
THE MONITORING
Interview, renewals and dependents TD
We accompany you to the interview or inspection, and we manage renewals and your family's TD status.
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