Benefits of TN Status

There are many positive benefits associated with the TN visa for Canadian and Mexican nationals who wish to temporarily live and work in the United States.  Additionally, the TN visa is often compared to another nonimmigrant work visa, the H-1B. While there are certain similarities, there are benefits of TN status for qualifying Mexican and Canadian nationals that may make it a more attractive option for many.

Benefits of TN-1 status for Canadian Nationals

  1. Permission to work in the United States: TN-1 status allows professional workers to enter the United States and work in a professional capacity.

  2. Indefinite Renewal: Unlike H-1B status, which usually has a maximum limitation of six years, an alien can maintain TN-1 status indefinitely. TN-1 status is granted initially for a period of three years, depending on the employer’s need, and can be renewed for an additional three years after that. There is no limitation on how many times TN-1 status may be renewed.

  3. Rapid Processing Time: Unlike other nonimmigrant categories, an application for TN-1 status may be made at the border with a decision being rendered on the day the application is made. There is no long wait for processing after submitting the non-immigrant petition to the USCIS in the U.S. by mail, as is the case with an H-1B petition or even a TN-2 petition.

  4. Special TD Status Afforded to Dependents: Dependents of the TN-1 petitioner may apply for a special TD status and accompany the principal petitioner for the duration of his or her stay in the United States.

  5. No Need for a Visa/I-129 Application: TN-1 petitioners can come to the U.S. to work in their profession without having to go through consular processing to obtain a visa or apply for Change of Status through the USCIS.

  6. Low Application Fee: A TN-1 applicant pays only a $50 application fee if he or she applies at the border or a $110 application fee if they apply in the U.S. In contrast, generally an H-1B petition requires a combination of fees:

    • $320 base filing fee
    • $500 fraud prevention and detection fee
    • $750 additional fee if the petitioner employs no more than 25 full-time equivalent employees in the United States; or, $1,500 if the petitioner employs more than 25.
    • $1,800 premium processing fee, if chosen.
  7. No Quota: Unlike H-1B applicants, TN applicants are not subject to an annual quota.

Benefits of a TN-2 Status for Mexican Nationals

  1. Permission to Work in the United States: TN-2 status allows professional workers to enter the United States and work in a professional capacity.

  2. Indefinite Renewal: Unlike H-1B status, which usually has a limitation of six years, an alien can maintain TN-2 status indefinitely. TN-2 status is granted for a period of up to three years depending on the employer’s needs and can be renewed for an additional three years thereafter. There is no limitation on how many times TN-2 status can be renewed.

  3. Special TD Status Afforded to Dependents: Dependents of the TN-2 petitioner may apply for a special TD status and accompany the principal petitioner for the duration of his or her stay in the U.S.

  4. Low Application Fee: The TN-2 applicant pays a $110 application fee as opposed to upwards of $1,110 in application fees for H-1B status.

  5. No Quota: Unlike H-1B applicants, TN-2 applicants are not subject to an annual quota.

(Updated 10/10/2012 by AG)

For more information on the TN category, please click one of the following links: