Let’s talk
ServicesCompanyLet’s talk
Toronto office+1 (647) 977-6980

100 King Street West, Suite 5600

Toronto, ON M5X 1C9

Toronto office page
New York office+1 (646) 889-1020

165 Broadway, Floor 23

New York, NY 10006

New York office page
8 CFR 214.6USMCA professionals, Appendix 2 to Annex 16-A
Self-check · 6 questions

TN visa eligibility self-check for Canadian professionals

Check your TN visa eligibility in six questions: the points a border or USCIS officer checks under 8 CFR 214.6, with the rule behind each one.

Start the check How we help with TN visas Book a consultation

Your answers stay in this browser and are not sent to Mayo Law. No result predicts what a CBP or USCIS officer will decide.

Questions
6About two minutes
Rule behind it
8 CFR 214.6US Department of Homeland Security
For
Canadian citizensWith a US job offer
Not covered
Mexican citizens, TD statusOr renewals and extensions
The check

Six points an officer looks at.

TN status lets a Canadian citizen work in the United States in one of the professions listed in the trade agreement between the United States, Mexico and Canada. US Customs and Border Protection or US Citizenship and Immigration Services decides each case under 8 CFR 214.6. Answer the six questions below to see whether your job offer and your credentials may fit.

  1. 01
    I am a Canadian citizen (Canadian permanent residence alone does not qualify)

    TN is for citizens of Canada and Mexico. A permanent resident of Canada who holds another citizenship needs a different route.

    Rule: 8 CFR 214.6(a), (b) and (d)(3)

  2. 02
    My US job is in one of the professions on the USMCA list

    The list includes, for example, accountants, engineers, computer systems analysts, management consultants, scientists and several medical professions. The job title alone does not decide it: the duties do.

    Rule: 8 CFR 214.6(c): Professions list

  3. 03
    I hold the degree, licence or other credential the list sets for that profession

    Most professions require at least a bachelor's degree; some accept a licence or a diploma plus experience. Foreign degrees may need an evaluation.

    Rule: 8 CFR 214.6(c) and (d)(3)(ii)

  4. 04
    I have a job offer or contract for professional work in that profession

    Usually a letter from the US employer (or a foreign employer) that describes the job, its purpose, how long it will last and your qualifications.

    Rule: 8 CFR 214.6(b) and (d)(3)(ii)

  5. 05
    The work is for an employer, not for a US business or practice that I own and run myself

    Setting up your own US company and working for it in substance as a self-employed professional is outside TN. Investors usually look at the E-2 instead.

    Rule: 8 CFR 214.6(b): Professional level, no self-employment

  6. 06
    I plan a temporary stay in the United States

    Each TN admission is for up to three years and can be extended, but the stay must remain temporary. Plans for a green card need careful timing.

    Rule: 8 CFR 214.6(b) and (e)

What each result means

Three possible results

Lines up

Your answers line up with the main TN points

On these points, your job may fit TN status. The officer still decides on the documents: the employer letter, your credentials and whether the duties match the listed profession. The guide to the TN employer letter explains what the letter should cover, and the border or USCIS choice explains where to apply.

Needs a closer look

Some points need a closer look

At least one answer is "not sure". The most common gaps are a job title that does not clearly match a listed profession, or a degree in an unrelated field. Your result lists each point and what would settle it. It is worth checking with a lawyer how your duties and credentials map to the list before you travel to the border. The professions and credentials section of the TN guide is a good place to start.

Points away

At least one point TN status requires is not met today

All six points are TN requirements, so a "no" on any of them means TN does not fit today. Some points can change, such as a job offer or a credential. Others, such as permanent residence without Canadian citizenship or work for a company you own or control, point to another route. The guide to US work visas for Canadians compares the L-1, E-2, H-1B, O-1 and other options.

The rule behind each question

What your answers mean

  1. 01Canadian citizenship

    Only a citizen of Canada or Mexico can be admitted as a TN professional. Canadians show citizenship at the port of entry, for example with a passport. 8 CFR 214.6(a), (b) and (d)(3)

  2. 02A listed profession

    The work must be in a profession set out in Appendix 2 to Annex 16-A of the agreement's Chapter 16, which 8 CFR 214.6(c) reproduces with the minimum credential for each. 8 CFR 214.6(c): Professions list

  3. 03The required credential

    Each listed profession has a minimum education or credential requirement, and the applicant must show they meet it. 8 CFR 214.6(c) and (d)(3)(ii)

  4. 04A professional job offer

    The applicant must show business activity at a professional level, normally through a letter from the prospective employer describing the professional activity, its purpose, the anticipated length of stay and the applicant's qualifications. 8 CFR 214.6(b) and (d)(3)(ii)

  5. 05Work for an employer

    TN does not authorize setting up a business or practice in the United States in which the professional would in substance be self-employed. 8 CFR 214.6(b): Professional level, no self-employment

  6. 06A temporary stay

    TN is a temporary entry category: each admission is for a period of up to three years. 8 CFR 214.6(b) and (e)

Two ways to start

Ready to apply

If your job offer is in place, request representation for your TN visa application and we will reply within 1 to 2 business days.

Request TN representation

Want advice first

A lawyer reviews your answers and your plans with you before you decide.

Book a consultation
On this topic

This self-check is general information, not legal advice. Your answers stay in your browser and are not sent to Mayo Law. Using it does not create a lawyer-client relationship, and no result predicts what a border or USCIS officer will decide.

Get in touch

Whether your TN points line up or need work, a lawyer can review the job offer before you travel.

Submit an inquiry Call Toronto Call New York