TN Visa Denied? Here’s What You Need to Know About Your Next Steps

A TN visa denial can be disheartening. However, having your TN visa denied does not mean your dream of working professionally in the United States is over.

Understanding the TN visa denial process (particularly the reasons behind TN visa denials) can help you present a strong application when reapplying and increase your chances of getting approved.Read on to learn about the most common reasons TN Visas are denied and what you can do after a denial to set you on a path to success.

If you have been denied your TN Visa, email us at: support@tnvisaexpert.com.

Common Reasons for TN Visa Denial

Here are some of the most common reasons for TN visa denials:

1. Inadequate Documentation

Applicants must submit certain documents to prove that they are eligible for the TN visa category. Failing to include the correct supporting documentation often leads to visa denials. 

The documents required for TN visa application are generally as follows:

• Proof of Canadian or Mexican citizenship (usually a valid passport)
• TN Support letter (also called TN Employment letter) from the US employer.
• The Employment Contract. 
• Work Experience Letter.
• Employer’s materials regarding the Company’s business. 
• Proof of your educational and professional qualifications for the position.
• Proof of paying the application fee.
• Proof of the applicant’s strong ties to his or her country of origin. 

Applicants must ensure that they have provided all supporting documentation necessary for their application, including their qualifying credentials. 

2. Job Position Not Qualifying

The TN visa is only available to individuals in professional occupations listed in the NAFTA (now USMCA) agreement, which includes more than 60 occupations. 

If an applicant’s prospective occupation is not on the approved NAFTA job list, they will not qualify for the TN visa and will almost certainly receive a denial.

Applying under the wrong NAFTA Occupation can also result in a TN visa denial. For example, Animal Breeder and Animal Scientist are two distinct occupations on the NAFTA Job List. 

An Animal Breeder who applies for the TN visa under the Animal Scientist category will receive a denial.

To learn more about the occupations eligible for the TN visa, please see the complete NAFTA Job List here. 

3. Incomplete or Inaccurate Information

Another common reason for a TN visa denial is where an application fails to clearly explain how the applicant or the prospective U.S. occupation meets the USMCA (formerly NAFTA) requirements. So, if 

Applicants who do not provide adequate information to prove their eligibility, will likely experience a denial.

4. Ineligibility of the Applicant

As with every other visa category, there are specific requirements for the TN visa. 

To be eligible for the visa:

• You must be a citizen of Canada or Mexico
• You must have a bona fide U.S. job offer that falls under one of the qualifying professions listed in NAFTA (now USMCA).
• You must have the educational and professional qualifications required for the position.
• Your intention to remain in the U.S. must be temporary 

Failure to meet any of these requirements makes an applicant ineligible for the TN visa and can lead to a denial. 

What Happens If Your TN Visa Is Denied?

The consequences of being denied a TN Visa can be severe. Not only does it mean that you cannot work in the United States, but a denial can also negatively impact the outcome of future visa applications. 

That is why it is so important for you to prepare a strong application to ensure you are approved on your first try. 

Immediate Implications of a TN Denial

The immediate negative consequence of a TN visa denial is missing your employment.

When you apply for a TN visa and receive a denial, this means you cannot travel to the U.S. to legally work for your employer.  

Another negative consequence of a TN visa denial is that your failure to qualify may lead your employer to recruit another individual for the position offered to you. 

Additionally, for those who are working in the U.S. in TN visa status, the denial of a renewal application can be especially devastating, considering you will need to leave the U.S. immediately to avoid overstaying your visa, unless you qualify for an alternative visa type to remain in the country. In most cases, workers who need to leave the U.S., will risk losing their jobs. 

Finally, having to re-apply for a TN visa after a denial means that you will waste time and money starting your application process from scratch. Therefore, applicants should prepare a strong application package from the very beginning to improve your likelihood of success. 

Impact on Future Applications

It is in your best interest to prepare a strong application the first time around to avoid your chances of denial. This is because a TN visa denial could negatively impact future visa applications.

When the Officer rejects your TN visa application, they must document the reason for your denial, which means the denial will become part of your immigration record. 

When applying for a visa at a later time, officers will have access to these details and may review your immigration history (including any previous denials).

If this occurs, your application may receive more scrutiny, especially where the reason for your previous denial was related to your eligibility or intent. 

Furthermore, there are situations where those who are denied become “flagged” by Immigration Officers, making any future entry attempts into the U.S. more difficult. In some extreme cases (especially where a denial was due to a misrepresentation or fraud), certain applicants can even be barred from working in the U.S.

Steps to Take After a TN Visa Denial

Fortunately, a TN denial does not signal the end of your dream to work in the U.S. under TN status. There are certain steps you can take after a TN visa denial to ensure your success when you reapply. 

These steps are as follows: 

Understand the Reason of Denial

If you plan to reapply for your TN Visa after being denied, it is very important that you understand the exact reason(s) why the Officer denied you.  

Once you understand the reason for your denial, then you can prepare your next TN Visa application to address those concerns and prevent them from occurring again.

In some cases, the officer will provide a notice which explains why they have denied you. It is important that you review this notice carefully. 

For others who have received a denial at the Port of Entry, you may respectfully ask the Officer to explain the reason for the denial. 

Listen carefully when they explain why they’re denying your request, and write the exact reason down (as it is easy to forget).

Gather Stronger Evidence

More often than not, TN visa denials occur because the applicant’s documentary evidence fails to convince the Officer that they meet the eligibility requirements.

When re-applying, it is important to revise your documentation and provide stronger evidence to demonstrate that your occupation qualifies for the TN visa, and that you have the credentials to work for your employer. In other cases, it may be necessary to provide additional evidence of strong ties to your home country to prove your intention to stay in the U.S. is temporary.

Reapply 

After gathering additional evidence that addresses the reasons for the initial denial, you can proceed to reapply.

Prepare your new application, ensuring you address and overcome the reasons for the previous denial. Then, submit your revised application with confidence.

Seek Legal Advice

If you prepared your application on your own the first time, avoid making the same mistake going forward. Instead, consider consulting with an immigration attorney like TN Visa Expert, who specializes in TN visas and can help put you on the right path to success. 

We can provide the necessary guidance to address the shortcomings of your previous application and help you overcome your visa denial. 

If you have been denied a TN Visa, please contact us for assistance. 

Is There a Difference Between a TN Visa Denial and Rejection?

There is a slight difference between a TN visa denial and a rejection. 

A denial occurs when your TN visa application is not approved after the Immigration Officer has reviewed it. That is, you submit your application, it is accepted for review, and after the review is completed, immigration denies your application. 

On the other hand, a TN visa rejection occurs when you submit your application, the Officer rejects it, and returns it to you. 

In some cases, a rejection can mean that your application was not accepted for review because it was deficient in some way. TN visa rejection often occurs when your application is incomplete or missing important documentation. Some examples of a case being rejected is where the signature is not in the required format, or the original documents are unavailable.

Denial Statistics 2020-2024

The TN Visa denial rates published by the U.S. Department of State show a trend that we should be extremely worried about denial rates are increasing.

FY 2020 saw the lowest number of TN visa applications in recent years, because of COVID. Since then, the number of TN visa applications has been increasing steadily, reaching almost 40,000 in FY 2023.

Sadly, even as the number of TN visa applications has increased, the approval rate for these requests has declined. 

• The approval rate dropped slightly from 2020 to 2021, from 90.50% to 90.20%. 
• In 2021 to 2022, it dropped again from 90.20 to 88.60%. 
• In 2022 to 2023, the decline in approval rate was even more pronounced, dropping from 88.60% to 82.40%.

Year	Total applications	Approvals	Denials	Approval rate	Denial rate
2023	39,921	32,904	7,017	82.40%	17.60%
2022	37,660	33,361	4,299	88.60%	11.40%
2021	27,607	24,903	2,704	90.20%	9.80%
2020	15,209	13,771	1,438	90.50%	9.50%

If this pattern continues, more TN visa denials will occur in FY 2024 in comparison to previous years. This means that applicants will have a higher chance of being denied moving forward. 

For that reason, it is important for TN visa applicants to seek help from the experts to increase their chances of being approved. We can help you avoid becoming a statistic. 

Tips to Avoid TN Visa Denials

It should be your objective to get your TN visa approved on the first try. With our helpful tips you can avoid the common pitfalls that lead to a denial. 

Ensure Proper Documentation

Ensure your application is accompanied by the proper documentation to prove you meet the TN requirements. 

This includes: 

• Proof of Canadian or Mexican citizenship (usually a valid passport)
• TN Support letter (also called TN Employment letter) from the US employer.
• The Employment Contract. 
• Work Experience Letter.
• Employer’s materials regarding the Company’s business. 
• Proof of your educational and professional qualifications for the position.
• Proof of paying the application fee.
• Proof of your strong ties to your country of origin. 

Verify Job Eligibility

Only specific occupations qualify for TN visas. Before reapplying, ensure your prospective occupation is eligible for the TN visa by reviewing the USMCA job list. Additionally, make sure that you apply under the correct TN visa occupation, that best matches your qualifications.

Accurate and Complete Application

Inaccurate or incomplete applications are rejected immediately. To avoid a denial, carefully and accurately complete and review your application. Fill in all relevant sections and add your signature in the right spaces.

The Most Common Pitfalls

A review of recent TN visa denials shows that the most common reason for a denial is that the application does not correctly show how the applicant meets the USMCA (NAFTA) requirements.

Examples of Problem Areas

Below, we’ll explore common situations where an applicant fails to demonstrate how they meet the USMCA requirements. These areas include:

• Not clearly explaining how you qualify under USMCA. This problem appears when the applicant’s job title is not specifically named among the occupations in the official USMCA (NAFTA) Job List. An example is an applicant with a Job Title as Internal Auditor applying under the Accountant category.
• The applicant’s job description does not align with what professionals in the specified occupation do. When you apply for a TN visa under an occupational category, you must show that the tasks you will perform in the U.S. match what people in the specified occupation do. 

If your job description lists a task that people in the TN occupational category do not do, this will present a problem. An example is listing programming as a task when applying under the Software Engineer TN occupational category.

• The TN visa employer letter lacks necessary information. Some make the mistake of thinking that the TN visa employer letter is simply their employment contract. It is not. The TN visa employer letter should be detailed and contain information like the job title, job duties, how you qualify for the job, remuneration, and duration of employment. If your TN employer letter does not address these points in the employer letter, this can result in a denial. 
• Inadequate information about the employer is provided. The Officer needs detailed information about your prospective US employer to verify the legitimacy of your prospective U.S. employment. Failing to provide adequate information about your employer can cause issues, and in some cases a denial. 

What are Your Next Steps?

The rising TN visa denial rates indicate that there’s a higher chance of being denied every year. However, a TN visa denial is not the end of the road. Thankfully, you can reapply and successfully obtain your visa.

To increase your chances of success after a denial, consider seeking expert help to put together a solid application. Download the TN Visa Expert Kit—Platinum Edition today for a comprehensive guide to help you navigate your application. 

Reapplying without a solid plan for success can lead you to be denied for a second time. What’s worse is that multiple denials can further harm your chances of succeeding in the future. Don’t let this be you. 

If you need assistance, contact TN Visa Expert. We’ve helped thousands of applicants successfully obtain their TN visas, including first-time applicants and those reapplying after an initial denial. We can help you, too!