TN Information

The TN (Trade NAFTA) status was 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.

• Eligibility
• Duration
• Obtaining TN Status
• Arrival
• Employment
• Extension Procedures
• Dependents
• TN Occupations List

Eligibility

To be eligible for TN status, a potential employee must:

• Be a citizen of Canada or Mexico. Landed immigrants and permanent residents of Canada and Mexico do not qualify.
• Be employed (part-time or full time) in a position listed on the TN Occupations List (see below).
• Possess the minimum qualifications for that position, as listed on the TN Occupations List (see below).
• Have plans for a temporary stay. Longer-term positions (such as tenure-track faculty positions) are not appropriate for TN status.

Duration

TNs can be admitted to the United States for up to 3 years initially and are eligible for extensions of stay in up to 3-year increments. TN status can be renewed indefinitely, provided that the position remains temporary in nature. However, it is worth noting that it can become increasingly difficult for the TN to prove that the stay will be temporary the longer he or she remains in the United States. Therefore, if a position is longer-term, it may be more advisable to apply for another status, such as H-1B, on the individual’s behalf.

TN is a nonimmigrant status. This means that, in order to be eligible for TN status, an individual must have intentions of returning to the home country when the U.S. employment is finished. If, instead, the intention is for the individual to apply for permanent residency and remain in the United States permanently, TN status is not appropriate.

Obtaining TN Status

By travel:

Mexicans are required to apply for a TN visa at a U.S. consulate or embassy. They should visit the website of the consulate or embassy they will visit to prepare for their visa interview and learn about the documents required for their appointment. Canadians are exempt from the visa requirement and will apply for TN status when entering the United States.

Both Canadians and Mexicans will need, at minimum, the following documents when entering the country or, in the case of Mexican TNs, applying for a TN visa at a U.S. consulate or embassy. It is advisable for the TN to carry originals and photocopies of all documents listed.

1. A passport, valid for at least six months beyond the period of stay requested.
2. A letter from the employing department, which includes the following information. ISSS will be happy to advise on the departmental letter, if requested.
   • The purpose of entry
   • The NAFTA occupation to be performed in the United States (from the TN Occupations List, see below)
   • The duties to be performed in the United States
   • The anticipated length of stay
   • A statement that the purpose of the entry is temporary in nature
   • A description of the educational qualifications which demonstrate the employee’s professional-level status
   • Information about the payment for the services to be rendered
3. Diploma and transcripts.*
4. Any licenses or certifications that are required for the position.*
5. A copy of the TN Occupations List (see below), with the appropriate occupation marked.
6. TN reciprocity fee (around $50 cash, Canadians only) or the visa application fee (Mexicans only).

*Any credentials obtained outside the United States, Canada or Mexico should be accompanied by a credentials evaluation. If seeking to prove experience to meet the TN requirements, the applicant should submit letters from previous employers or business records for proof of self-employment. The Department of State and the Department of Homeland Security have the right to request all documents in original form, so the applicant should be prepared with originals or certified copies when entering the country and applying for a TN visa.

By mail:

If the potential employee is in the United States, it may be possible to change status to TN by mail or by travel. Follow the procedures outlined in the “Extension Procedure” section below.

Arrival

Canadians and Mexicans may enter the United States through a U.S. Class A port of entry, a U.S. airport handling international traffic, or certain pre-flight inspection locations. The TN may photographed and fingerprinted, and will be issued an I-94, which should be annotated with the correct status (i.e., TN), the expiration date of that status (i.e., up to three years from the date of admission), and a “multiple entry” notation. It is important for visitors to check their I-94 to ensure that the annotation on the document is correct.

Although TNs are not required to attend a formal check-in or orientation with ISSS, we must have documentation of their presence on campus. Therefore, we collect the following documents and photocopies for all UI TN employees. Please submit these materials to ISSS via fax, campus mail, or e-mail (isss-scholars@illinois.edu) as soon as possible after each TN’s arrival to campus:

• Staff Data Sheet (found under the Forms tab on the ISSS website)
• Passport ID page, including expiration date
• TN visa (Mexicans only)
• I-94 (front and back)
• Departmental letter

Employment

While in the United States, a TN is only permitted to be employed in the position outlined in the departmental letter presented during his initial visa appointment and/or entry. He may not accept jobs with other employers or be self-employed in TN status. If the job details will change significantly from what is listed in the departmental letter, it will become necessary to apply for an amendment to the TN status. This can be done by mail or by travel. See the “Extension Procedure” section below.

Extension Procedures

TNs can apply for an extension of up to three years either by leaving and re-entering the United States through an authorized port of entry (i.e., by travel), or by filing an application with USCIS (i.e., by mail). TNs are also given these options for applying for a change of status to TN, or requesting an amendment (change) to their current TN employment.

The procedure and documentation required for an extension (or change of status or amendment) by travel is the same as what was required for the initial application. See the “Application Procedure” section above. The employing department will have to issue an updated letter that lists the new employment dates, job duties, etc. Mexican TNs may have to apply for a new TN visa for their return, so should take care to allow sufficient time abroad for the required visa application process.

If the TN is not willing or able to travel, it is possible to apply for an extension (or change of status or amendment) by mail. In this case, the employing department will work with ISSS to submit an I-129 and supplementary documents to the USCIS California Service Center. If you plan to apply for TN status for a (potential) employee by mail, please contact ISSS for further instructions. The ISSS processing fee for a TN application is $250. Also required will be:

• USCIS processing fee of $320
• USCIS premium processing fee of $1000 (optional)
• Documentation establishing the individual’s eligibility for TN status (see the “Application Procedure” section above)
• Proof of the individual’s current immigration status

Dependents

Dependents of TNs hold TD (Trade Dependent) status. In order to apply for TD status, an individual must be the spouse or minor child of a TN, and must have documentation to prove such (i.e., marriage or birth certificate). TDs may not work, but may study part-time or full-time.

TN Occupations List