The TN category was developed as part of the North American Free Trade Agreement (NAFTA), which is currently called the United States-Mexico-Canada Agreement (USMCA). It enables Canadian and Mexican citizens to be admitted to the U.S. to engage in “business activities at a professional level” on a temporary basis. Employment is reserved for specified occupations, and may be performed for one or more employers.
Individuals in TN status can be granted employment for as long as the employment offer specifies. Employment must be temporary in nature, but TN status can be extended indefinitely in increments of up to three (3) years at a time.
If you are a department looking to host a TN employee:
Why a TN?
TN is often a simpler alternative to H-1B status. To qualify for TN employment, the intended occupation must be listed in the List of Professionals, Chapter 16, Appendix 2 of the USMCA (previously NAFTA). This list also includes minimum qualifications for admission into the U.S. for each occupation. Additionally, applicants must prove that their visit to the U.S. will be temporary in nature and that they intend to return to their country after completion of their activities in the U.S.
For a person contemplating an application for U.S. permanent resident status, the H-1B may be a more suitable option. Similarly, if an employee is not eligible for TN status, other visa types may be possible. The sponsoring department should be in contact with OISS to consult on the best options for each prospective employee.
Entry into the United States
The sponsoring department must provide a letter of employment to the prospective employee who intends to work in TN status. OISS will prepare a draft letter for the Department that indicates that the position constitutes prearranged professional activity within one of the professions outlined in the USMCA Chapter 16, Appendix 2. The letter must be reviewed by OISS.
Procedure for Canadian citizens
Canadian citizens seeking admission to the U.S. in the TN category must present their application at the port of entry. You do not need to have a prior petition, visa or approval. The employee should carry proof of Canadian citizenship, the letter of employment and documentation of required credentials for the occupation.
TN scholars entering the U.S. via a land border must do so Monday, Tuesday, Wednesday, or Thursday. Land ports do not process TN entries on Fridays or weekends.
Procedure for Mexican citizens
Mexican citizens must obtain a TN visa from a U.S. Consulate prior to seeking admission into the U.S. You must interview at the U.S. consulate abroad as part of the visa application process. To enter the U.S., the employee should carry a valid Mexican passport with a valid TN visa, the letter of employment and documentation of required credentials for the occupation.
TN scholars entering the U.S. via a land border must do so Monday, Tuesday, Wednesday, or Thursday. Land ports do not process TN entries on Fridays or weekends.