What are the requirements for a TN?

A foreign national must possess the necessary credentials to qualify under this category. Generally, a Bachelor’s degree or higher is required and the foreign national must intend to depart the U.S. upon completion of his authorized status. As a result, if the foreign national applies for permanent residence (Form I-485) while he is in TN status, he will have difficulty in obtaining renewal of his TN status. However, a pending or approved I-140 employment based immigrant petition or I-130 family based immigrant petition does NOT impute immigrant intent, and therefore does not affect a TN foreign national’s ability to be admitted into the U.S. as a TN foreign national or to extend TN status. Mexican nationals are required to have TN-2 visas before they may be admitted to the U.S. in this status, whereas Canadian nationals need only apply with the USCIS at the border and bypass the visa requirement.