TN Status
Information for Hiring Departments and Current/Prospective TN Employees
TN (Trade-NAFTA) is a visa status available to Canadian and Mexican citizens to work in the U.S. on a temporary basis in a professional-level job under provisions of the North American Free Trade Agreement.
Who is eligible for TN status?
The TN visa category requires that the applicant:
- Is a citizen of Canada or Mexico (landed immigrants or permanent residents do not qualify);
- Enters the U.S. on a temporary basis; and
- Possesses the minimum qualifications of one of the professions) specified in Appendix 1603.D.1 of the NAFTA treaty. The Appendix also stipulates the minimum qualifications for entry into the U.S. in each occupation.
Some of the TN categories most applicable in a university setting include the following:
- College and university teachers
- Scientists
- Research Assistant
- Scientific Technician/Technologist
- Computer Systems Analyst (note that this category specifically does not include programmers)
- Economist
- Engineer
- Accountant
- Librarian
- Graphic Designer
- Medical/Allied Professions
Because of the temporary nature of TN employment, TN is not an appropriate visa status for tenured or tenure-track faculty.
Although the regulations do not limit the total number of years you may remain in the U.S., TN is a temporary, non-immigrant status. You must establish to the satisfaction of USCIS that the employment opportunity is both temporary and short-term.
TN or H-1B Status: A comparison
Aspect |
TN |
H-1B |
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Job type |
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Prior approval |
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Time limits |
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Temporary or non-immigrant intent |
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TN For Canadian Citizens entering the U.S. in TN Status
Canadian citizens are exempt from the requirement to obtain a visa; instead, Canadian citizens apply directly with an immigration officer at the time s/he wishes to enter the U.S. In order to be admitted to the U.S. in TN status, a Canadian citizen entering the U.S. will need to show the following at the border:
- Proof of Canadian citizenship (Canadian passport)
- TN employer letter (obtained from your hiring department). This letter should include:
- Confirm the TN occupation in which the employee will work
- Describe the duties to be performed
- Length of stay being requested (currently the maximum is one year)
- Describe the educational credentials of the applicant in order to demonstrate eligibility
- Evidence that the job is a TN occupation (this can be a in the form of a copy of the Appendix.)
- Evidence that you have the credentials for the position. (Diploma, transcripts, licenses, etc.) Officials have the right to request to see the original or a certified copy.
- $50 application fee (in US dollars)
More information for Canadians about entering the U.S. in TN status:
http://www.consular.canada.usembassy.gov/nafta.asp
TN for Mexican Citizens entering the U.S:
All Mexican citizens seeking to enter the U.S. in TN status must schedule a visa interview in order to obtain a TN visa. At the interview, a Mexican citizen should have the following documentation:
- Mexican passport valid for at least 6 months beyond the period of stay requested
- TN employer letter (obtained from your hiring department)
- Evidence that the job is a TN occupation
- Evidence that you have the credentials for the position. (Diploma, transcripts, licenses, etc.) Officials have the right to request to see the original or a certified copy.
- Non-immigrant Visa Application (Form DS-156)
- Supplemental Non-immigrant Visa Application (Form DW-157) (required for male applicants ages 16-45 only)
- One 2×2 photograph (Refer to the U.S. Department of State Non-immigrant Photograph Requirements
- $100 processing fee for the Non-immigrant Visa Application (Form DS-156)
For more information on obtaining a TN visa in Mexico:
U.S. Embassy in Mexico
Or find your consulate
Changing to TN Visa Status in the U.S.
While most applicants choose to travel to the port-of-entry to obtain TN status, there is another option available. If a Canadian or Mexican applicant is present in the U.S. in another visa status and wishes to avoid travel to Canada or Mexico and re-entry, he or she may request that PSU file an application with USCIS to change the applicant’s status to TN. This process may take several months and entails a larger filing fee. To change visa status in the U.S., Canadian and Mexican citizens must provide the following documents to the International Faculty Advisor, who will file the petition:
- TN Application Packet
- I-129 filing fee (currently $320)
- Proof of current immigration status (copies of form I-94 and other immigration documents, such as Form I-20 or Form DS-2019)
- If dependents are currently in the U.S. and will be requesting a change of status to TD (dependent) — form I-539 plus $300 filing fee , as well as proof of their current immigration status
Extension of TN status
There is no limitation on the number of years an individual may be in TN status. However, it is necessary to establish that the position is temporary.
An extension of TN status can be obtained in two ways:
- The TN employee travels to the border and is readmitted in TN status based on a new letter of employment
- The employer files an I-129 petition with USCIS before the employee’s current TN period has expired. Provided that the petition is timely filed with USCIS, the individual in TN status may continue to work for 240 days beyond his or her current expiration date.
More Information
Please see the Department of State’s information on the TN, the Mexican and Canadian NAFTA Professional Visa
The entire list of TN professions and respective degree requirements may be found on the NAFTA website