TN Status for Canadian and Mexican Professionals
TN status is a type of employment authorization based on terms and conditions set out in the US-Mexico-Canada trade agreement (UCMCA, formerly NAFTA). TN status is available to citizens of Canada and Mexico who are seeking to enter the US to engage in pre-arranged business activities in certain professions. To qualify:
- The person must be a citizen of Canada or Mexico
- The person must have a pre-arranged offer to engage in a business activity, within a profession listed in Chapter 16, Appendix 2 of the USMCA
- Self-employment is not permitted in TN status
- The person must have the educational and professional credentials required for the profession, as indicated in Chapter 16, Appendix 2 of the USMCA
Among the TN professions especially common in higher education settings are the following:
- College / university teacher
- Scientists and scientific technicians
- Medical / allied professionals, including veterinarians
- Librarians
- Computer Systems Analysts
Multiple Professions: Depending a person's primary job duties, an individual may need to establish eligibility for more than one TN profession at the same time. For example, a person whose professional duties are substantially divided between college teaching and scientific research may need to document eligibility for both the TN college / university teacher and TN scientist professions. Sponsoring departments should consult with the International Center for more details.
Duration
TN Status is granted for the length of the business activity up to a maximum of three years. It may be extended indefinitely in increments up to three years at a time (see extension information below).
Benefits and Restrictions
- TN employment may be part- or full-time
- TN status is employer-specific; the TN professional is only permitted to work for the TN sponsor
- A TN employee may have more than one employer, but each employer must request separate TN authorizations for the employee
Dependents
TN employees may be accompanied by a spouse and/or unmarried minor children under 21; dependents are granted TD status. TD family members are not permitted to work in the US, but may engage in part- or full-time study.
Department Processes for Requesting TN Professionals
In most cases, Canadian citizens will obtain TN status by requesting it upon arrival at a US port of entry or border crossing. The following outlines the steps to be taken to secure TN status.
Step One: Department submits TN Data Collection Form to the International Center and Requests TN Employment Letter
Departments who are offering TN-eligible employment to a Canadian citizen begin by submitting a TN Data Collection form to the International Center. The TN collection form will provide the International Center information so that a TN employment letter can be prepared to provide to the employee. Once the employee has the letter, he/she will prepare to acquire TN status by traveling to Canada and re-entering the US with required TN documentation (see below).
Step Two: Employee Requests TN Status at a US Port of Entry
US Customs and Border Protection citizens strongly recommends that first-time TN employees appear request TN status at one of several specifically designated US land border crossings or for preflight inspection at one of the four designated international airports (Calgary, Toronto, Montreal, Vancouver) . No visa application is needed, but US Customs and Border Protection will charge an incidental filing fee upon arrival at the port of entry or border crossing.
IMPORTANT: If the employee intends to drive to a border crossing at the US-Canadian border, the employee should call ahead to the CBP post at the specific crossing to ensure that TN processing is available at their planned arrival time. Certain crossings require appointments and/or provide TN services on specific times and days of the week. It is also further recommended that employees enter the US during regular business hours (Monday - Friday, 9am - 5pm) and carry contact information for their supervisor and the International Center.
Upon arriving, the employee should be prepared to present:
- A valid Canadian passport
- A letter of employment from Tufts, on Tufts letterhead, addressed to the US Customs and Border Protection with a detailed description of primary job duties that establishes eligibility of the employee for TN-1 status under the appropriate USMCA profession as listed under
- The employee's CV
- Original versions of the employee's educational credentials (diplomas and transcripts) that meets the educational requirements for the employee's TN profession
- Original versions of other licenses and credentials as necessary for the employee's TN profession
- Recommended: A printout of Chapter 16, Appendix 2 of the US-Mexico-Canada (USMCA) Trade Agreement (recommended)
Step Three: Notify the International Center of Arrival. Following arrival in the US, the employee should email the International Center at internationalcenter@tufts.edu and provide a copy of their Form I-94 admission record showing that they were admitted into the US in TN status.
Form I-129 Filing Options for TN Status
The US Department of Homeland Security provides employers with the option to file a Form I-129 with USCIS, such as (1) to secure 'pre-approval' of TN-1 status or (2) to arrange for a change to TN-1 status for a person already in the US in another visa classification or an extension of someone already employed under a current TN-1 status approval. In the case of pre-approvals, TN-1 status must still be acquired at a US border crossing or port of entry. The pre-approval process is intended to facilitate entry and lessen the chances for rejection at the border crossing or port of entry. In the case of a change to or extension of TN-1 status for persons already in the US, this option is only to benefit Canadian citizens already in the US who do not intend or cannot travel back to Canada for the purpose of returning to the US in TN-1 status.
Departments should contact the International Center to request TN visa services to facilitate entry of a Canadian citizen as a TN professional. The International Center will:
- Review the prospective employee's eligibility for entry in TN status
- Facilitate preparation of an appropriate TN employment letter and additional supporting materials
- Provide departments and employees guidance on requirements for initial and subsequent re-entry in TN status
- Advise employees on the benefits and restrictions attached to TN status
- Prepare and submit to the US Citizenship and Immigration Service (USCIS) a Form I-129 Petition for Nonimmigrant Worker*
To initiate TN-1 services for an employee, contact the International Center as soon as a sponsorship need is identified, and at least 60 days prior to the start of the TN-1 employee's position.
Extending TN-1 Status
In most cases, a Canadian TN visa holder can extend TN status following the same procedures outlined above. However, if a return trip to Canada is not preferable, the International Center can facilitate an in-country extension application. Department managers should contact the International Center for more information at least 6 months before the employee's current TN status is due to expire.
Citizens of Mexico who qualify for TN status are required to apply for a TN visa at a US consulate prior to entering the US as a TN professional. The following steps should be followed.
Step One: Department Contacts the International Center
The hiring department must contact the International Center to determine if the individual and position are eligible for TN status. If eligible, the department will need to submit a completed TN Data Collection Form to the International Center.
Step Two: International Center Prepares a TN Visa Application Packet for the TN Professional
The International Center will prepare an employment letter and other materials for delivery to the TN professional to help establish the professional's eligibility for TN status.
Step Three: Employee Applies for TN Visa at a US Consulate
Upon receiving the TN Visa Application materials from the International Center, the employee applies for a TN visa at a US consulate. The employee may enter the US only after receiving a TN visa.
Step Four: Employee Requests TN Status at a US Port of Entry
The employee arrives at a US port of entry and presents the TN visa along with supporting materials and requests TN status. TN status is granted by a US Customs and Border Protection officer.
Step Five: Notify the International Center of Arrival.
Following arrival in the US, the employee should email the International Center at internationalcenter@tufts.edu and provide a copy of their Form I-94 admission record showing that they were admitted into the US in TN status.