Practice area · TN

TN: treaty professionals, with no lottery and no cap on renewals

Marcelo Barros da Cunha

The TN is the classification created by the North American trade agreement for citizens of Canada and Mexico coming to practice, temporarily, one of the professions listed in the agreement itself. There is no annual cap, no lottery and no limit on renewals: as long as there is professional work for a U.S. entity and the stay remains temporary, the status renews, in periods of up to three years.

That combination makes the TN, for someone with the right nationality and the right profession, the fastest work route there is in the United States. And also a route full of literalism: outside the list there is no TN, however strong the résumé.

WHAT HAPPENED TO THE AGREEMENT IN 2026, AND WHAT IT MEANS FOR YOU: on 1 July 2026 the joint review under article 34.7 began, and the United States did not confirm the sixteen-year extension. That ends nothing: it triggers a regime of annual reviews, and the agreement remains fully in force, with all rights and obligations operating normally, until 1 July 2036, absent an extension, which the three heads of government may make at any time. Nothing changed in the TN rules, the list of professions or the procedure. What changed was the political calendar, which now has a decision point every year.

The list of professions and what it requires

The list incorporated into the regulation has four groups. The general professions, from accountant to urban planner, taking in engineer, lawyer, architect and systems analyst. The health professions, from dentist to registered nurse, with physicians admitted only for teaching and research. The scientists, from agronomist to zoologist. And post-secondary teachers.

The typical requirement is a bachelor's degree, or the Mexican licenciatura, in the field, sometimes with a state or provincial professional license as an alternative. And there are exceptions built into the text itself: a management consultant may qualify on five years of experience, and a scientific technician needs no degree, provided they have theoretical knowledge of one of the ten listed disciplines and work in direct support of a professional in it.

Two reading rules apply throughout. Where a degree is required, experience does not replace it. And the degree need not match the job title exactly, provided there is significant overlap between the education and the work to be done.

The procedure: two countries, two paths

A Canadian needs no visa. They present themselves directly at the port of entry, or at preclearance inside the Canadian airport, and the agreement bars requiring a prior petition or labor certification of them. A petition to USCIS exists as an option, not as the rule. A Mexican needs the TN visa, obtained at the consulate, and presents it at the border.

In both cases the central document is the employer's letter, and the regulation wants it complete: the profession from the list, a description of the activities, the expected duration, your qualifications and the pay arrangement. Degrees obtained outside North America require an equivalency evaluation. There is no prevailing wage to meet in the TN, but the pay must be consistent with professional-level work.

Admission runs up to three years, and renewal has two doors: seeking an extension from USCIS with you already inside the United States, or re-entering at the border with a new letter. The underlying limit is intent. The TN requires entry without the intent of permanent residence, with work that ends at a foreseeable point, and each new entry or extension re-examines that.

A BALANCE THAT PROTECTS THOSE WHO PLAN WELL: the State Department manual says that an intent to immigrate in the future, disconnected from the trip being made now, does not make the current stay permanent. And that repeated renewals remain temporary so long as there is no immediate immigrant intent. In other words, having a green card plan for some years out is not, in itself, a problem in the TN. The problem is a case under way at the moment of entry.

What USCIS tightened in 2025

On 4 June 2025 USCIS published the new part of its manual devoted to the TN, and the definitions narrowed. Self-employment has always been barred in this category. The manual now also bars de facto control of the company: it looks at who founded it, who controls it regardless of share percentage, and who receives most of the income, and denies the TN where the company was created to make the applicant's own employment possible.

WHO IS THE WORK FOR? The manual's yardstick requires pre-arranged employment with a U.S. entity, and the regulation allows the letter to come from the foreign employer, provided the services are rendered to a U.S. entity. Working from home inside the country requires a genuine business need, and one cannot live in the United States working remotely for a company abroad. Someone who wants to run their own business should not force the TN: the route designed for that is the E-1 and E-2, which we cover on their own page.

The family: TD status

A spouse and unmarried minor children receive TD status for the same period as the professional, with no admission fee and without needing to be Canadian or Mexican. A TD holder may study full time without a student visa, but may not accept employment in the United States. The State Department manual notes the possibility of applying for work authorization, without the sources saying more than that, and neither will we.

Where cases usually fail

Legal basis

Verified 24 August 2026. Written from the complete 8 C.F.R. § 214.6, with its annexed list of professions, in the 11 Aug 2026 version, from INA § 214(e), from chapters 1 through 6 of part P of volume 2 of the USCIS Policy Manual, in full, stated current to 18 Aug 2026 and originating in the policy alert of 4 June 2025, and from 9 FAM 402.17 in the 20 Nov 2024 version. The State Department's consular regulation and the treaty's original text were not read directly, which is declared.

General informational content. It is not legal advice and does not create an attorney-client relationship. Immigration rules change frequently and may be enjoined by a court. Before acting, confirm that the rule is in force and consult an attorney about your own circumstances.

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