TN Visas for Canadian-Iranians: How to Work in the United States

​The TN visa is a non-immigrant visa that allows Canadian and Mexican citizens to work in the United States in certain professions. The TN visa is an important option for many Canadian-Iranians seeking to work in the United States, providing a streamlined and relatively straightforward path to employment. In this blog post, we will provide an overview of the TN visa, its eligibility requirements, the application process, and the benefits and potential issues of the TN visa process for Canadian-Iranians.

In this article, we speak about:
I. Explanation of TN Visa and Importance for Canadian-Iranians
II. Eligibility Requirements for TN Visa
III. What are the TN Categories?
IV. What Documents are Required for a TN Visa Application?
V. How do I Apply for a TN Visa?
VI. How Long Can I Stay in the U.S. with a TN Visa?
​VII. Tips for a Successful TN Visa Application
VIII. Benefits of TN Visa for Canadian-Iranians
IX. Potential Issues for Canadian-Iranians Applying for TN Visa
 
I. Explanation of TN Visa and Importance for Canadian-Iranians
The TN visa was created as part of the North American Free Trade Agreement (NAFTA) to facilitate the movement of professionals between the United States, Canada, and Mexico. The TN visa is available to Canadian and Mexican citizens who work in certain professions listed in the NAFTA Appendix 1603.D.1. Canadian-Iranians can benefit from the TN visa because it provides a relatively easy way to work in the United States in specific professional fields.

II. Eligibility Requirements for TN Visa
To be eligible for a TN visa, Canadian-Iranians must meet the following requirements:
Be a Canadian citizen;
Work in a profession that is on the NAFTA list of eligible professions (TN categories);
The profession must require at least a bachelor's degree or appropriate credentials demonstrating status as a professional;
Meet the specific education and/or work experience requirements for the profession outlined by the NAFTA TN regulations; and  
Have a job offer from a U.S. employer in the profession being worked in.

III. What are the TN Categories?
The TN visa program is open to professionals from Canada and Mexico who work in certain designated professions. The NAFTA list includes over 60 professions, commonly called the "TN categories." These professions range from architects and engineers to scientists and teachers. The TN categories as listed in the NAFTA Appendix 1603.D.1 are:

1. Accountant
2. Agriculturist (including Agronomist)
3. Animal Breeder
4. Animal Scientist
5. Apiculturist
6. Architect
7. Astronomer
8. Biochemist
9. Biologist
10. Chemist
11. Computer Systems Analyst
12. Dairy Scientist
13. Dentist
14. Dietitian
15. Disaster Relief Insurance Claims Adjuster
16. Economist
17. Engineer (including civil, electrical, industrial, mechanical, and others)
18. Entomologist
19. Epidemiologist
20. Forester
21. Geneticist
22. Geochemist
23. Geologist
24. Geophysicist
25. Graphic Designer
26. Geologist
27. Horticulturist
28. Hotel Manager
29. Industrial Designer
30. Interior Designer
31. Land Surveyor
32. Landscape Architect
33. Lawyer
34. Librarian
35. Management Consultant
36. Mathematician
37. Medical Laboratory Technologist
38. Meteorologist
39. Nutritionist
40. Occupational Therapist
41. Pharmacist
42. Pharmacologist
43. Physician
44. Physicist
45. Physiotherapist/Physical Therapist
46. Plant Breeder
47. Poultry Scientist
48. Psychologist
49. Public Accountant
50. Range Manager/Range Conservationist
51. Recreational Therapist
52. Registered Nurse
53. Research Assistant
54. Scientific Technician/Technologist
55. Social Worker
56. Soil Scientist
57. Statistician
58. Surgeon
59. Sylviculturist (including Forestry Specialist)
60. Teacher (College, Seminary, or University)
61. Technical Publications Writer
62. Urban Planner (including Geographer)
63. Veterinarian
64. Vocational Counselor
65. Zoologist

You can find the complete list of the TN categories and the educational requirements for each here.

IV. What Documents are Required for a TN Visa Application?
Canadian-Iranians must provide a variety of documents when applying for a TN visa, including evidence of Canadian citizenship, proof of education and/or work experience, and a job offer letter and support letter from a U.S. employer. Here is a list of the essential documents needed for a TN visa application when applying at a U.S. Port of Entry:
 
Valid Canadian Passport: You must have a valid passport that will remain valid for the entire duration of your stay in the United States.
Job Offer Letter: You must have a job offer letter from a U.S. employer that specifies the job title, duties, and duration of employment.

Proof of Qualifications: You must provide documentation demonstrating your qualifications for your profession, such as educational certificates or diplomas and work experience letters.
TN Visa Support Letter: This is the essential document for your TN visa application. It differs from a job offer letter in that it is addressed to the border control agent and explains precisely why you qualify for the TN visa and how the job duties, your qualifications, and the position qualify under the NAFTA TN Category you have selected.

Application Fee: You must pay the visa application fee ($56) at the border when you present your TN application. Bring cash with you in case the port of entry office does not accept credit cards.
 
It is important to note that additional documents may be required depending on your specific situation. It is recommended to consult with an immigration lawyer to ensure you have all the necessary documentation for your TN visa application and that your application at the border is strong and successful.
 
V. How Do I Apply for a TN Visa?
The amazing thing about TN visas for Canadians is that you can apply for the visa at a U.S. Port of Entry and get your answer right away. The process involves presenting the required documents to a U.S. Customs and Border Protection (CBP) officer and undergoing an interview. If approved, the TN visa will be issued on the spot.

You can also have your employer apply for a TN visa for you with U.S. Citizenship and Immigration Services (USCIS) in the United States via an I-129 form with premium processing. While applying at the border is efficient and cost-effective, it might be strategic to apply with USCIS to increase your chances of receiving approval, as the USCIS agency will carefully review your case compared to your case being checked within a few hours by the border control interviewing officer who may not be in the best of mood that day. Furthermore, applying with USCIS after receiving a denial at the Port of Entry could be a part of your legal strategy. Working on this type of strategy with an attorney is best to increase your chances of success.

VI. How Long Can I Stay in the U.S. with a TN Visa?
If you are entering the United States with a TN (Trade NAFTA) visa, you may stay in the U.S. for up to three years. However, your stay can be extended beyond three years as long as you continue to meet the requirements of your TN visa. It is important to note that the TN visa is a non-immigrant visa, meaning it does not provide a direct path to permanent residency or citizenship in the United States. If you wish to stay in the U.S. beyond the three-year period or if you want to pursue permanent residency, you may need to explore other visa options or pathways. Also, it is important to comply with the terms and conditions of your TN visa, including the specific job duties and employer stated on your visa, as failure to do so may result in the termination of your visa and your stay in the U.S.
 
VII. Tips for a Successful TN Visa Application
To increase the chances of a successful TN visa application, Canadian Iranians should ensure that they have all the required documents, are familiar with the eligibility requirements, and are able to explain how their job offer and qualifications meet the criteria for the TN visa. Being well-versed in your case and why you qualify is essential, as the border control officer will ask you questions directly about your file before providing a decision on the spot.

Here at ImmigraTrust Law, we prepare our clients for the interview process by ensuring they have all the documents they need and are prepared for typical and non-typical questions that the border officer might ask. Furthermore, we can advise what Port of Entry is better depending on their application and the TN category they qualify under. Lastly, we can also prepare you for potential obstacles that may take place due to the additional background checks and questions that are normal for Iranian dual-citizens.

VIII. Benefits of TN Visa for Canadian-Iranians
No Annual Cap on TN Visas: One of the significant benefits of the TN visa is that there is no annual cap on the number of visas that can be issued. This means that Canadian Iranians who meet the eligibility requirements can apply for a TN visa at any time without worrying about visa availability.
​
Your Spouse and Dependents Can Qualify for a Visa, Too: Another benefit of the TN visa is that it allows spousal and dependents to qualify for a TD dependent visa with the same duration as your principle visa. With the TD visa, your spouse and dependents can attend primary school and universities in the United States. Please note that the TD visa does not give your spouse or dependents the right to work.

TN Visa Can be Renewed Without a Limit: The TN visa is a temporary visa, typically valid for up to three years. You cannot have immigrant intent while you are on a TN visa, meaning you cannot show that you have the intention to move permanently to the United States. That said, the TN visa can be renewed multiple times without a limit on the number of renewals as long as your job position and your qualifications still qualify for the TN visa.
 
IX. Potential Issues for Canadian-Iranians Applying for TN Visa
Canadian-Iranians should be aware that there may be increased scrutiny of their TN visa application or entry into the United States due to their Iranian nationality. It is important to be prepared. Canadian-Iranians with dual citizenship should also be aware that there are currently travel restrictions on nationals from Iran entering the United States. These restrictions may make obtaining a TN visa or entering the United States for other purposes more challenging. For example, if you did your mandatory military service in the Islamic Revolutionary Guard Corps (IRGC) or Sepah, you will likely not be granted a TN Visa. For more information, here is an article we wrote about the IRGC/Sepah ban on Iranians. 

To address potential issues related to increased scrutiny and travel restrictions, Canadian-Iranians may want to consider working with an experienced immigration attorney who can help navigate the application process and address any concerns or questions that may arise. It may also be helpful to provide additional documentation or information to support the TN visa application, such as Iranian military service cards, military exemption cards, and other supporting documents showing your work and educational background. At ImmigraTrust Law, we understand the complexities and challenges faced by individuals and families from Persian communities when dealing with the U.S. immigration system. Our team is dedicated to providing high-quality legal services tailored to the specific needs of Iranian and Muslim communities.
 
X. Conclusion
In conclusion, the TN visa is an important option for many Canadian-Iranians seeking to work in the United States. While there are potential issues to be aware of with a TN visa, the benefits of the TN visa outweigh the negatives and make the TN visa an attractive option. Suppose you are a Canadian-Iranian considering a TN visa. In that case, it is important to understand the eligibility requirements, the application process, potential issues, and benefits and to work with an experienced immigration attorney to ensure a successful application process.
 

​Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.