Office of International Education

Other Work Categories

TN Professionals under NAFTA

The TN (Trade NAFTA) category was developed as a part of the North American Free Trade Agreement (NAFTA) to facilitate the entry of Canadian and Mexican citizens to the U.S. to engage in certain professional business activities on a temporary basis. For more information and a list of the TN professional fields, visit the US Department of State website at www.travel.state.gov ...

http://www.travel.state.gov/visa/laws/telegrams/telegrams_1422.html

to read the recent change for Mexican applicants

http://www.travel.state.gov/visa/temp/types/types_1274.html#prof_list

for the list of TN professions allowed

Advantages of the TN include (1) for Canadians, it is quicker to obtain (at the border), (2) there is no upper limit on the total length of time that an individual may have TN status, and (3) there is no numerical limit on the number of new TN applications, so it can be an advantage to certain professional workers from Canada and Mexico, particularly when the H1B cap has been reached for private employers.

Disadvantages of the TN include (1) it is only valid for a limited number of occupations (see a list on the above-referenced websites), (2) it must be renewed annually, (3) for Mexicans, the application process requires a visa application at a US consulate prior to entry to the U.S., and (4) it is meant to be temporary and tenure track professors may have difficulty in entering the U.S. in TN status.

For Canadian citizens . the process is relatively simple and quick. (Note that “landed immigrants” of Canada (e.g. permanent residents) may not use TN status to work in the U.S..) Canadians apply for TN status at the point of entry to the US (land border or airport) and bring with them:

  1. Proof of Canadian citizenship
  2. Letter (sample follows below) or contract from the employer that outlines…
    • Job description (must be one of the professions listed on the NAFTA list)
    • Anticipated duration of stay
    • Qualifications required for the job
    • Terms of employment (salary, hours, etc.)
    • Evidence that s/he meets applicable licensure requirements for the position
  3. Professional qualifications (diplomas, licenses, etc.)
  4. Application fee

Most Canadians “extend” TN status by travelling to the border and re-entering the U.S. with a new I-94 card marked with a new expiration date. However, individuals may also apply for an extension of status by applying to the US Citizenship and Immigration Services (USCIS); this can take several months to process through USCIS, therefore travel to the border is usually preferred.

For Mexican citizens, the process is different, but easier than it has been in recent years.

Mexican citizens must obtain a TN visa at a US consulate in order to be admitted to the US in TN status. Instructions from the US Department of State (USDOS) indicate that a Mexican TN applicant must submit documents to the US Consulate to support the TN visa application:

  1. Proof of Mexican citizenship (usually, the passport)
  2. Letter or contract from the employer that outlines the job description (must be one of the professions listed on the NAFTA list), anticipated duration of stay, qualifications required for the job, terms of employment (salary, hours, etc.) and evidence that s/he meets licensure requirements for the position.
  3. Professional qualifications (diplomas, licenses, etc.)
  4. Application fee

Canadians and Mexicans. For employment and payroll purposes, TN workers present to the employer an I-94 card marked with “TN” and an expiration date, the passport, and US social security card. A Canadian TN worker will not present a visa in the passport, whereas a Mexican TN worker will, in most cases. The name of the employer should be written on the I-94 card and/or in the passport. If the employee will work for two or more employers, there must be a stamp and entry record for each employer.


Sample TN Letter

Dear US Customs and Border Patrol Officer,

This letter is written in support of the TN application of Susie Q. Dr. Q has been hired by the Department of XXXX, Carnegie Mellon University , to serve in the temporary position of xxxx for the period of xx/xx/2005 to xx/xx/2006. This position type is listed in the list of Trade NAFTA “professional occupations” as outlined in the initial NAFTA Agreement and available on the US Department of State website.

Dr. Q will be paid an annual salary of $xx,xxx per year in addition to staff benefits including health, retirement, and others. This is a full-time position defined by our institution/department as xx.x hours per week.

Carnegie Mellon University is a highly competitive institution of higher education located in Pittsburgh , PA. Our department, XXXXX, particularly concentrates on such-n-such area of expertise and we are leaders in the field of ….

Dr. Q is an outstanding fit with this position. She more than meets the minimum requirements. Specifically, she has a Ph.D. degree in XXXX. The TN minimum academic requirement for this position is xxxxx. There is no licensure required in this field. Her combined education and experience including xxxxxx, make her highly qualified to fill this temporary position at Carnegie Mellon. From our understanding, she meets the criteria of the TN status as outlined in the NAFTA Agreement.

Thank you for your thorough consideration of the TN application of this qualified individual. If you have any questions about the position or Dr. Q's excellent qualifications for this position and the TN status, please contact me directly.

Sincerely, Department Head, Contact Info

Last Updated On: September 5th, 2006