Common Challenges with TN Visas and How to Overcome Them Effectively

Authored by:

Shama Merchant Poonja Headshot

CEO & Managing Attorney

Shama Merchant Poonja

As a first generation American, Ms. Poonja is committed to the field of immigration law. Since 2013, Ms. Poonja has been representing corporate and individual clients on a wide variety of business and family immigration law matters.

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TN Visas

Whether you are a Canadian professional looking to work in the U.S. or an employer eager to hire cross-border talent, the TN visa offers a fast and reliable work option. 

At Naya Immigration, we understand how exciting—and sometimes stressful—it can be to pursue a TN visa, especially in times of political turbulence or amid changes to immigration law. 

To date, TN1 is one of the best visas available for Canadian citizens, offering faster processing times, no annual cap, and unlimited renewals. But just because it’s one of the easiest work visas to get doesn’t mean obtaining one is a walk in the park. 

Even though the TN visa process is designed to be simple, the reality is that applicants often face challenges that can slow them down or even result in rejection. The good news? You can overcome many of the challenges with the right preparation, planning, and professional support. 

At Naya Immigration, we can provide you with all the support you need when applying for a TN1 visa or renewing an existing one. For a personalized consultation, call us at 650-499-5187 or contact us online

Understanding TN Visas: A Fast Track to Working in the U.S.

Imagine landing your dream job in the U.S. without going through complicated visa lotteries or endless delays. 

That’s impossible,” you might think. For Canadian and Mexican professionals, the TN visa makes this possible. 

It’s one of the fastest, most accessible work visas available, allowing skilled individuals to legally work for U.S. employers in specific fields. 

Created under the United States-Mexico-Canada Agreement (USMCA) (formerly NAFTA), the TN visa was designed to support trade and economic growth by making it easier for professionals to cross borders for work. There are two types of TN visas: TN1, which is specific to Canadians, and TN2, which is for Mexicans.

TN visas are great for both employers and job seekers, helping fill critical labor shortages in industries like healthcare, technology, and engineering.

Who Qualifies for a TN Visa?

Not everyone can apply for a TN visa. It is exclusively for citizens of Canada and Mexico. Permanent residents of these countries are not eligible. 

According to the official website of the U.S. Embassy, to qualify, you must:

  1. Have a job offer from a U.S. employer in a TN-approved profession
  2. Meet the education and experience requirements for that profession
  3. Prove that your job is temporary and won’t lead to permanent residency

The U.S. has a pre-approved list of TN professions, which includes roles in healthcare, engineering, IT, finance, education, and science. Some of the most in-demand jobs for TN applicants include: 

  • Registered nurses and healthcare professionals (helping fill staffing shortages in hospitals)
  • Engineers and tech specialists (meeting the high demand for STEM workers)
  • Accountants and financial analysts (supporting growing businesses and firms)
  • University professors and scientists (advancing research and education)

If your profession is on this list and you meet the requirements, the TN visa could be your fastest route to working in the U.S. 

Why Is the TN Visa So Popular?

Two of the biggest reasons Canadian and Mexican professionals choose the TN visa program are speed and flexibility. Unlike the H1B visa, which has strict quotas and a random lottery, the TN visa has no annual cap. That means if you qualify, you can apply at any time and have a much higher chance of approval. 

Another advantage? It’s renewable indefinitely. A TN visa is issued for up to three years, but you can keep renewing it as long as your job remains eligible. There’s no limit on the number of times you can extend it. 

For employers, the TN visa program is also a win. It allows them to quickly hire skilled workers from Canada and Mexico without the months-long wait times of other visa categories. 

Here’s something to keep in mind: The TN visa is governed by Chapter 16 of the USMCA, which is scheduled for review by 2026. That means rules, qualifications, or renewal policies could change depending on economic and political factors. 

For now, the TN visa remains one of the fastest, most reliable work visas for eligible professionals. If you’re considering applying, it’s smart to take action now while the current rules remain in place. 

But even though the TN visa is simpler than many other work visas, applicants still face challenges—from proving their job qualifies to handling tough border interviews.

Common Challenges in TN Visa Applications

Securing a TN visa is an exciting opportunity for Canadian and Mexican professionals looking to work in the U.S. It’s often considered one of the fastest and most accessible work visas, but even small mistakes can lead to delays or denials. 

Many TN visa applicants assume that having the right job offer and qualifications is enough. Unfortunately, that’s not always the case. 

Immigration officers scrutinize every detail of your application, and even a minor oversight can cost you time, money, and opportunities. But don’t despair just yet. You can effectively overcome most of the challenges as long as you understand the right course of action. 

Below is an overview of some of the most common challenges foreign nationals face when trying to get a TN visa, along with actionable steps on how to overcome them. 

1. Incomplete or Weak Supporting Documents

Your supporting documents play a fundamental role in proving that you qualify for a TN visa. Many applicants fail to provide enough evidence, which often leads to unnecessary complications. 

Here’s what you can do: 

  • Gather all required documents ahead of time, including your employer letter, proof of qualifications, and supporting records (the official website of the Department of State provides a full list of required documents for a TN visa). 
  • Make sure your employer’s letter is detailed. 
  • Carry original copies of your degrees, transcripts, and professional licenses.

Remember: If your paperwork is unclear, incomplete, or inconsistent, officers may deny your application on the spot.

2. Job Title Doesn’t Match an Approved TN Profession

One of the most common reasons for TN denials is a mismatch between the job title on your offer letter and the list of TN-approved professions. Even if your job is similar to a TN profession, a different title or vague description can cause confusion. 

Here’s what you can do: 

  • Compare your job title to the official TN professions list before applying.
  • If your title isn’t an exact match, ensure your job duties align with an approved profession.
  • Work with your employer to use a recognized title that accurately reflects your work.

Border officers won’t assume your role qualifies. It’s up to you to prove it does. 

3. Overlooking Degree Evaluation

If you earned your degree outside the U.S. or Canada, you must provide a professional degree evaluation to confirm its equivalency to U.S. academic standards. Many applicants skip this step and end up facing unnecessary delays or outright denials. 

Here’s what you can do: 

  • If your degree is from Mexico or another foreign country, obtain a credential evaluation from a recognized agency. 
  • Make sure your evaluation clearly states that your degree meets U.S. educational standards. 
  • Bring the evaluation report along with your original transcripts and diploma. 

Without a proper degree evaluation, immigration officers may question your qualifications—even if you are fully qualified for the job.

4. Ignoring Passport Validity

Your passport’s expiration date can directly impact how long your TN visa is approved for. If your passport expires soon, you might only receive TN visa status until your passport’s expiration date, forcing you to reapply sooner than necessary. 

Here’s what you can do: 

  • Ensure your passport is valid for at least as long as your intended TN employment.
  • If your passport is close to expiring, renew it before applying for a TN visa.

If your TN visa status is cut short due to passport validity, you will have to re-enter the U.S. after renewing your passport. That’s not a scenario you would want, is it? 

5. Failing to Provide Original Academic Proof

Many applicants bring only copies of their degrees and transcripts, assuming that’s enough. But immigration officers will usually want to see originals to verify authenticity. 

Here’s what you can do: 

  • Always carry the original copies of your degree, diploma, and transcripts.
  • If you hold a professional license or certification, bring the original version along with any required verification documents.

Failing to provide original documents could result in an immediate denial. Yes, even if you meet all other qualifications. 

6. Not Providing Sufficient Proof of Experience

Certain TN professions require work experience in addition to a degree. Your resume or LinkedIn profile isn’t enough, no matter how credible you think it is. You need official letters from past employers detailing your experience, job duties, and duration of employment.

Here’s what you can do: 

  • Obtain experience letters from past employers on official company letterhead.
  • Make sure these letters include your job title, a detailed description of your duties, the dates of employment, and the employer’s contact information. 

Failure to provide proper documentation can result in denial, so make sure you gather sufficient proof. 

7. Not Demonstrating “Intent to Depart”

Keep in mind that the TN visa is a temporary work visa. This means applicants must prove they intend to return to Canada or Mexico after their work assignment ends. 

Here’s what you can do. Bring proof of strong ties to your home country, such as:

  • A home lease or mortgage
  • Family members living in Canada or Mexico
  • A return travel itinerary
  • A job contract stating your role is temporary

If officers suspect you plan to stay permanently, they can deny your application. Without convincing proof on your end, they may believe you intend to stay in the U.S. long-term. 

8. Overlooking the Employer Support/Offer Letter

Your employer letter is the foundation of your TN visa application. When it’s too vague, missing key details, or on incorrect letterhead, it can raise red flags for border officers.

Here’s what you can do: 

  • Ensure your letter is on company letterhead and signed by an authorized representative. 
  • The letter should clearly state your job title and how it fits the TN professions list, your job duties in detail, the length of your employment (it must be temporary), your salary, and work location. 

A weak employer letter is one of the top reasons for TN visa denials. Under no circumstances should you skip this step. 

9. Border Officer Misinterpretation

Sometimes, border officers misinterpret TN visa rules, which can result in unfair denials or delays. Officers are humans, and some of them may not be familiar with certain professions or may apply inconsistent standards. 

Here’s what you can do: 

  • Be polite, professional, and confident during your interview. 
  • Have a copy of the USMCA TN professions list in case you need to reference it. 
  • If denied, request a written explanation so you can fix any issues and reapply. 

Border officers make the final decision, but being well-prepared can help increase your chances of approval. 

10. Applying at the Wrong Port of Entry or Consulate

Where you apply for your TN visa matters. Some ports of entry and consulates have more experience processing TN visas, while others may not be as familiar with the rules. Choosing the wrong location can result in longer processing times, tougher questioning, or even a denial.

Here’s what you can do: 

  • If you are a Canadian applicant, apply at a major airport preclearance location or a well-known land border crossing where officers regularly process TN visas.
  • If you are a Mexican applicant, schedule your visa appointment at a U.S. consulate with a strong reputation for processing TN visas efficiently.
  • Check online reviews or consult an investor visa lawyer to find the best locations for TN visa processing in your situation.

Applying at the wrong location can lead to unnecessary delays, confusion, and extra stress. So, do your research properly. 

Tips for Applying for a TN Visa: A Complete Guide

Even though a TN visa is faster and more accessible than other work visas, a small mistake can cause delays or result in denial. The key to a successful TN visa application? Preparation and attention to detail. 

Here’s a comprehensive guide on how to avoid mistakes and increase your chances of TN visa approval. 

1. The TN Visa Employer Letter: Your Most Important Document

Your TN visa employer letter is the foundation of your application. If it’s weak, vague, or missing key details, your visa may be denied on the spot. Immigration officers rely on this letter to verify your job, employer, and TN eligibility. 

So, what should be in your TN visa employer letter?

  1. Company letterhead and signature: The letter must be on official company letterhead and signed by an authorized representative (HR manager, hiring manager, or company executive).
  2. Job title and TN-approved profession: Your job title must align with a TN profession on the USMCA professions list. If your title is different, the letter should explain how your duties fit a TN-approved profession. 
  3. Detailed job description: The letter should clearly describe your job duties, why your role requires a TN professional and your qualifications that match TN requirements. 
  4. Temporary nature of employment: The TN visa is for temporary work. The letter must state the job is temporary, even if you plan to renew the visa later.
  5. Salary and work location: Officers want to see where you will be working and how much you will be paid. Be clear about your U.S. work location and salary details.

Here are some of the most common mistakes applicants make in their employer letter: 

  • Using a vague or copied template – A generic letter won’t work. Officers need specific details about your role and qualifications. 
  • Failing to include company letterhead or signature – This reduces credibility and could cause issues at the border. 
  • Not specifying the TN-approved profession – If your job duties aren’t clearly linked to an approved TN profession, officers are likely to reject your application. 

You might want to have an investor green card attorney review your employer letter before you apply. Even small wording issues can affect approval, and your investor visa lawyer will be there to spot those issues and correct them. 

2. Understand the 90-day Rule for TN Visa Holders

Many TN applicants don’t realize that timing matters when applying for a TN visa. If you enter the U.S. too soon before your job starts, it could raise red flags. 

The 90-day rule applies to TN visa holders who enter the U.S. too early before their job start date. If an officer thinks you entered the U.S. too soon, they may question your intent or even cancel your visa.

Here’s what you should do: 

  1. Enter the U.S. close to your start date – Ideally no earlier than 30 days before your job begins.
  2. Carry proof of your start date – Have a copy of your employer letter and employment contract with you at the border.
  3. Be honest if questioned – If a border officer asks why you’re entering early, explain your valid reason (e.g., finding housing, attending work meetings).

If you plan to enter the U.S. early, bring proof of your ties to Canada or Mexico to show that you don’t intend to stay permanently.

3. Prepare Well for the TN Visa Interview Process

Whether you are applying at a U.S. border crossing (for Canadians) or a U.S. consulate (for Mexicans), you may be interviewed. Officers want to confirm your job details, qualifications, and intent to return home.

What questions might you be asked? Here are some: 

  • What is your job title, and how does it match the TN professions list?
  • Who is your employer, and what do they do?
  • How long do you plan to work in the U.S.?
  • Do you plan to apply for a green card? (Remember, TN visas require non-immigrant intent)
  • What ties do you have to your home country?

When answering your interview questions, be confident and clear, stick to the facts, and have your documents ready. If a border officer denies your TN visa, ask for a written reason for denial so you can correct the issue and reapply. 

4. Know Your Eligibility for a TN Visa

Not everyone qualifies for a TN visa. Before applying, make sure you meet all the requirements. The eligibility criteria include: 

  • You must be a citizen of Canada or Mexico (not just a permanent resident).
  • Your job must match one of the TN professions on the USMCA list.
  • You must meet the education or experience requirements for that profession.
  • Your job must be temporary, not permanent.
  • You must have a job offer from a U.S. employer before applying.

One of the most common eligibility issues we see is when the applicant’s job title isn’t on the TN professions list. If your job title is different but the duties match, your employer letter must explain the connection. 

5. Know What to Bring for Application and Admission

Your application must be complete before you head to the border or consulate. Here’s a checklist of what you need:

  • Employer letter on company letterhead (detailed and signed)
  • Proof of qualifications (degree, diploma, transcripts)
  • Degree equivalency report (if your degree was obtained outside the U.S. or Canada)
  • Proof of professional experience (if required for your TN profession)
  • Valid passport (with at least 6 months left before expiration)
  • Proof of intent to return home (lease, mortgage, return travel ticket)

Organize your documents in a folder for easy access during your interview or inspection.

6. Know How to Deal with a TN Visa Denial and Reapply Successfully

Even the most qualified TN applicants can face unexpected (or expected, if they don’t prepare well) denials. A rejection doesn’t mean the end of your U.S. work opportunities. But it does mean you need to understand the reason for denial and fix the issue before reapplying. 

Here are some of the common reasons your TN visa may be denied: 

  • Issues with the employer letter: If your job title, duties, or employer details aren’t clear or don’t align with TN requirements, officers may reject your application.
  • Inconsistent job qualifications: If your degree or experience doesn’t match the requirements for your TN profession, officers might deny your visa.
  • Weak proof of non-immigrant intent: If you fail to prove that your stay is temporary, your application could be denied on the spot.

If your visa is denied, ask for a written explanation. Knowing the reason will give an opportunity to fix the issue and reapply. If you are unsure why you were denied or how to fix it, an immigration attorney can review your case and advise you on the steps to strengthen your next application. 

7. Learn More About the TN Visa Renewal Process

Many TN visa holders assume that renewing their visa is a simple formality, but that’s not always the case. If you don’t handle your renewal properly, you could face unexpected delays or even a denial, forcing you to leave the U.S. until the issue is resolved. 

Your TN visa is typically valid for up to three years, but it can be renewed indefinitely as long as you continue working in an eligible TN profession and meet all other requirements. You have three options when renewing your TN visa status: 

  1. Applying at a U.S. port of entry: This is often the fastest method for Canadians, but you must be prepared with all required documents.
  2. Filing for an extension through USCIS: This allows you to remain in the U.S. while your renewal is processed, but it can take several months.
  3. Applying at a U.S. consulate in Mexico (for TN2 visa holders): Mexican citizens must attend a visa interview at a consulate when renewing.

Here are some of the “don’t” you should be aware of when renewing your TN visa: 

  • Don’t assume the process is automatic – TN visas are not automatically renewed, and you must reapply with updated documents each time.
  • DON’T use an old employer letter – Your employer must issue a new letter confirming your continued employment with current details.
  • DON’T let your TN status expire before renewing – If your status lapses, you may have to leave the U.S. and reapply from outside the country.

If you are planning to switch employers, you must apply for a new TN visa under the new company—you can’t just transfer your TN visa to a different employer.

At Naya Immigration, we help TN applicants prepare strong applications, fix issues, and get approved. If you need help with your documents, employer letter, or handling a denial, we are here to guide you. Call us at 650-499-5187 or visit our contact us page to set up a consultation today. 

Disclaimer

The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.