TN Overview
The TN category was originally developed as part of the North American Free Trade Agreement (NAFTA) to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities on a temporary basis. A TN applicant must be coming to the U.S. to engage in business activities in one of the 63 USMCA (United States-Mexico-Canada Agreement)-specified occupations listed in Appendix 2 to Annex 16-A of Chapter 16 of the USMCA .
TN status may be granted in increments of up to 3 years. Extensions of stay are also granted in up to 3-year increments, indefinitely, provided that the stay remains temporary in nature.
The procedures for acquiring TN status differ for Canadians and Mexicans.
- A Mexican citizen must obtain a TN visa from a U.S. consulate before being eligible to apply for admission to the United States in TN status.
- A Canadian citizen does not require a TN visa. A Canadian simply presents the required supporting documentation at a U.S. port-of-entry and is admitted directly in TN status.
A TN petition with the United States Citizenship and Immigration Service (USCIS) is not required, although the employer has the option of filing the petition first and having the employee travel to the U.S. when the petition is approved.
If the employee is currently in the U.S., the employer may file a petition with USCIS to change or extend their status.
Alternatively, the employee (Canadian or Mexican) may simply leave the country and apply for admission (Canadian) or a TN visa at the US Consulate abroad (Mexican).
Admission to the U.S.
Mexican and Canadian professionals can apply for admission to the United States in TN status at the following locations:
- A U.S. Class A port-of-entry
- A U.S. airport handling international traffic
- A U.S. pre-clearance/pre-flight station
Upon admission to the U.S., the Customs and Border office will issue Form I-94, annotated with the appropriate date and port-of-entry information, the classification in the TN category (TN-1 for Canadians, TN-2 for Mexicans, TD for dependents); an expiration date of up to three years from the date of admission; and a "multiple-entry" notation.
Employment
TN status may be granted on a part-time or full-time basis. Employment is not permitted before TN status is granted and evidenced on Form I-94.
If an application for extension of TN status is timely filed, the TN employee can continue working for the same employer for up to 240 days while the application is pending.
TN status is employer and employment specific. TN employees may change jobs, or have more than one job, but USCIS must approve all new employment, and the new employment cannot begin until a new petition is approved by USCIS, or the employee re-enters the United States, with an I-94 issued for the new job.
International Travel
Travel outside of the U.S. while a change of nonimmigrant status is pending with USCIS is considered an abandonment of the application.
Travel outside the U.S. while an extension of stay application is pending with USCIS is not considered an abandonment of the application, but it may present problems, depending on timing. Therefore, any plans to travel abroad while a petition is pending with USCIS must be discussed with the immigration advisor.
Canadian citizens and Canadian dependents do not require a visa to enter the US. To apply for admission to the US in TN status, Canadians must present:
- Proof of Canadian citizenship.
- Copy of Form I-797 approval notice, Form I-129, and all supporting documentation that was submitted to USCIS (if petition was filed with USCIS by employer).
Mexican citizens and dependents must have a valid visa to enter the US. To apply for a TN visa, complete the online nonimmigrant visa application, Form DS-160, and present the following:
- Mexican passport, valid for at least six months beyond the period of stay being requested.
- Documentation establishing eligibility for TN classification.
- Form I-797 Approval Notice from USCIS for Form I-129 (if petition was filed with USCIS by employer).
- Visa application fees and TN visa reciprocity fees.
Dependents
Dependents of TN status holders (spouse and unmarried children under the age of 21) are admitted in TD status. Dependents need not be Canadian or Mexican.
Generally, Canadian TD status holders do not need to obtain a TD visa, but non-Canadian TD status holders do.
TD status holders may attend school, either part-time or full-time, but they are not authorized to work in TD status.
Address Notification
In accordance with Department of Homeland Security regulations, all TN status holders are required to notify the United States Citizenship and Immigration Services (USCIS) of a change of residential address within 10 days of the change by completing Form AR-11 found on the USCIS website.
Resources
- USCIS website
- TN Checklist (see attachments)
- TN Request Form (see attachments)
- TN Sample Employer Letter (see attachments)