Key Takeaways
• TN visa allows Canadian and Mexican professionals to work temporarily in the U.S. under USMCA rules.
• Applicants must prove nonimmigrant intent by showing plans to return home after their U.S. job ends.
• TN visa can be renewed indefinitely if nonimmigrant intent and temporary job status are maintained.
The TN visa is a special work visa for citizens of Canada 🇨🇦 and Mexico 🇲🇽, created under the United States–Mexico–Canada Agreement (USMCA). It allows certain professionals to work in the United States 🇺🇸 for a limited time. One of the most important rules for the TN visa is that applicants must show they plan to return to their home country after their job in the United States ends. This is called nonimmigrant intent. Understanding what nonimmigrant intent means, how to prove it, and what happens if you have long-term plans in the United States is essential for anyone thinking about applying for a TN visa.
Below, you’ll find a clear explanation of the TN visa’s nonimmigrant intent requirement, who is eligible, what documents you need, how the process works, and what to expect if you have other immigration plans. There are also real-life examples, practical tips, and official resources to help you prepare a strong application.
What Is the TN Visa and Nonimmigrant Intent?
The TN visa is a temporary work visa for certain professionals from Canada 🇨🇦 and Mexico 🇲🇽. It was first created under NAFTA and is now part of the United States–Mexico–Canada Agreement (USMCA). The TN visa lets people work in the United States 🇺🇸 in jobs like engineers, scientists, teachers, and other listed professions.
A key rule for the TN visa is nonimmigrant intent. This means you must show that you only plan to stay in the United States for a short time to do your job, and that you will return to your home country when your work is finished. The United States government wants to make sure that TN visa holders are not using this visa as a way to move permanently to the United States.
Nonimmigrant intent is different from “dual intent,” which is allowed for some other visas like the H-1B. Dual intent means you can have both short-term and long-term plans in the United States at the same time. The TN visa does not allow this. You must show that your stay is temporary, even if you have other plans for the future.
Who Can Apply for a TN Visa?
To apply for a TN visa, you must:
- Be a citizen of Canada 🇨🇦 or Mexico 🇲🇽 (not just a permanent resident)
- Have a job offer in the United States 🇺🇸 in a profession listed under the USMCA
- Meet the education and experience requirements for that profession
- Show that your job in the United States is temporary
- Prove that you plan to return to your home country after your job ends (nonimmigrant intent)
The TN visa is only for certain jobs. You can find the full list of eligible professions on the USCIS TN visa page.
The Nonimmigrant Intent Requirement Explained
Why Is Nonimmigrant Intent Important?
The United States government wants to make sure that people using the TN visa are not trying to move to the United States permanently. This is why the law, specifically Immigration and Nationality Act (INA) Section 214(b), says that every visa applicant is assumed to want to immigrate unless they can prove otherwise. For the TN visa, you must show that your stay is temporary and that you will leave when your job ends.
How Do You Prove Nonimmigrant Intent?
You need to show strong reasons why you will return to your home country. This can include:
- A letter from your U.S. employer that clearly says your job is temporary and explains how long you will work in the United States.
- Proof of ties to your home country, such as:
- Owning or renting a home (provide a mortgage statement or rental agreement)
- Having close family members (spouse, children, parents) living in Canada 🇨🇦 or Mexico 🇲🇽
- Bank accounts, investments, or other financial assets in your home country
- A job or business you plan to return to after your assignment
- A written statement explaining your plans to leave the United States when your job ends
- Evidence of ongoing commitments in your home country, like school enrollment for your children or community involvement
The more evidence you have, the stronger your case will be. U.S. immigration officers look at the whole picture to decide if you really plan to return home.
The Application Process: Step by Step
1. Get a Job Offer
First, you need a job offer from a U.S. employer in a profession listed under the United States–Mexico–Canada Agreement. The job must be temporary, even if it can be renewed later.
2. Gather Required Documents
You will need:
- A detailed employment letter from your U.S. employer, stating:
- The job title and duties
- The length of the assignment
- That the job is temporary
- Proof of your qualifications, such as diplomas, degrees, or licenses
- Evidence of your citizenship (passport)
- Proof of ties to your home country (see above)
- A written statement about your plans to return home
3. Apply for the TN Visa
- Canadians can apply at a U.S. port of entry (like the airport or land border) or at a U.S. consulate. You do not need to apply for a visa at a U.S. embassy before traveling.
- Mexicans must apply for a TN visa at a U.S. embassy or consulate in Mexico 🇲🇽 before traveling to the United States.
You may need to fill out Form DS-160 (Online Nonimmigrant Visa Application) if you are a Mexican citizen.
4. Interview and Decision
At the border or consulate, an officer will review your documents and may ask questions about your job and your plans. Be ready to explain:
- Why your job is temporary
- What you plan to do after your assignment ends
- Your ties to your home country
If approved, you will be allowed to enter the United States as a TN worker.
5. Maintaining TN Status
While in the United States, you must continue to show nonimmigrant intent. If you want to extend your stay, you must prove again that your job is still temporary and that you plan to return home.
What If You Have a Green Card Application or Other Immigration Plans?
Some people on a TN visa may later decide they want to live in the United States permanently. They might apply for a green card (permanent resident status). It is important to know that:
- Having a green card application does not automatically mean you cannot have a TN visa.
- You must still show that, at the time you enter the United States and while you are on TN status, your stay is temporary.
- U.S. Customs and Border Protection (CBP) says you can have plans for the future, but you must have temporary intent right now.
If you have a pending green card application, you should be ready to explain your situation and provide strong evidence of your temporary intent. If you have had many TN entries, long stays, or any immigration violations, officers may look more closely at your case.
How Long Can You Stay on a TN Visa?
The TN visa is usually granted for up to three years at a time. However, it can be renewed as many times as needed, as long as you continue to show nonimmigrant intent and your job remains temporary.
Each time you renew, you must provide updated documents showing:
- Your job is still temporary
- You still plan to return to your home country
- You have not violated the terms of your visa
There is no set limit on the total number of years you can spend in TN status, but long stays or repeated renewals may lead to more questions about your true intent.
Real-World Examples
Example 1: Canadian Engineer
Maria is a Canadian citizen who gets a two-year job offer as an engineer in Texas. She owns a home in Toronto, her husband and children live there, and she has a mortgage and Canadian bank accounts. She brings a letter from her U.S. employer stating the job is for two years, and she provides proof of her home and family ties. At the border, she explains her plan to return to Canada after her assignment. Maria’s strong ties and clear plan help her get the TN visa.
Example 2: Mexican Teacher with Green Card Plans
Carlos is a Mexican citizen who works as a teacher in California on a TN visa. After a year, his employer offers to sponsor him for a green card. Carlos applies for the green card, but he still needs to renew his TN visa. At his renewal, he brings a letter from his employer stating his job is still temporary, proof that his wife and children live in Mexico, and a statement explaining that he will return to Mexico if his green card is not approved. The officer reviews his case and allows him to renew his TN visa because he can show temporary intent.
Practical Tips for TN Visa Applicants
- Prepare a strong application package with all required documents.
- Keep proof of your ties to your home country up to date.
- Be honest about your plans if you have a green card application or other long-term goals.
- Renew your TN visa on time and provide updated evidence each time.
- Avoid immigration violations or overstaying your visa, as this can make future applications harder.
What Happens If You Cannot Prove Nonimmigrant Intent?
If you cannot show that you plan to return to your home country, your TN visa application may be denied. You may also face problems at the border or when trying to renew your visa. It is very important to have clear, strong evidence and to be ready to answer questions about your plans.
How Is the TN Visa Different from Other Work Visas?
The TN visa is different from other work visas in several ways:
- H-1B Visa: Allows “dual intent,” so you can have both temporary and permanent plans. The TN visa does not allow this.
- L-1 Visa: For company transfers and also allows dual intent.
- E-3 Visa: For Australian citizens, with different rules.
The TN visa is only for citizens of Canada 🇨🇦 and Mexico 🇲🇽, and only for certain jobs. The main difference is the strict nonimmigrant intent requirement.
Policy Updates and the Future of the TN Visa
As of June 2025, the rules for the TN visa and nonimmigrant intent have not changed. The visa can still be renewed many times, but you must always show that your stay is temporary. Immigration lawyers say it is important to keep strong documentation, especially if you have a complicated immigration history or a pending green card application.
No major policy changes are expected soon, but it is wise to check for updates before you apply or renew your TN visa. According to analysis by VisaVerge.com, the nonimmigrant intent rule remains a key part of the TN visa process, and applicants should prepare carefully to meet this requirement.
Official Resources
For the most up-to-date information, visit the USCIS TN visa page. This page has details about who can apply, what documents you need, and how the process works.
If you have questions or a complicated case, consider talking to an immigration lawyer who knows about TN visas.
Key Takeaways and Next Steps
- The TN visa is for temporary work in the United States 🇺🇸 for certain professionals from Canada 🇨🇦 and Mexico 🇲🇽.
- You must show nonimmigrant intent—that you plan to return home after your job ends.
- Prepare strong evidence, including employer letters and proof of home country ties.
- Having a green card application does not automatically disqualify you, but you must still show temporary intent.
- Renewals are possible, but each time you must prove your job is still temporary and you plan to return home.
- Stay informed about policy updates and keep your documents current.
By following these steps and preparing carefully, you can improve your chances of a successful TN visa application and avoid problems at the border or during renewals. For more details and official forms, always check the USCIS website before you apply.
Learn Today
TN Visa → A temporary U.S. work visa for Canadian and Mexican professionals under the USMCA trade agreement.
Nonimmigrant Intent → The requirement to prove plans to stay temporarily in the U.S. and return home after the job ends.
USMCA → United States–Mexico–Canada Agreement, a trade treaty replacing NAFTA that includes TN visa provisions.
Dual Intent → A visa concept allowing temporary stay with possible permanent residency plans, not permitted for TN visa holders.
Immigration and Nationality Act (INA) → U.S. law governing visa eligibility and nonimmigrant intent requirements, especially Section 214(b).
This Article in a Nutshell
The TN visa, under USMCA, lets Canadian and Mexican professionals work temporarily in the U.S. Proving nonimmigrant intent—planning to return home—is crucial. This requirement ensures temporary stays only, distinguishing the TN visa from others. Renewals depend on continuous proof of temporary status and ties to the home country.
— By VisaVerge.com
