TN Status:
TN classification is available to qualified Canadian and Mexican citizens pursuant
to the North America Free Trade Agreement (NAFTA). TN status is granted in one-year
increments. Currently there is no limit to TN stay in the U.S. However, an individual
in TN status must maintain an intent to return to his or her home country. Thus,
it is wise to consider other work authorization status options with HR and WHK
before the permanent residence process is started.
1) Eligibility requirements
for TN classification
TN or "Trade NAFTA" status is available only to citizens of Canada and Mexico.
TN applicants must be offered a temporary position in one of the professions
listed in Appendix 1603.D.1 to Annex 1603 of the NAFTA. The list of professions
includes, among others, Engineer, Computer Systems Analyst, Accountant, and
Scientific Technologist. Most of the listed TN professions require a minimum
of a Bachelor's degree in the specialized field, but in contrast to the H-1B
category, work experience equivalent to a degree is not recognized.
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2) How is a TN application
processed?
The TN application process cannot begin until the offer of employment is made
and accepted. Although the TN classification is available to Canadian and Mexican
nationals, the application process and timing is different for each.
- Canadian applicants: Canadians can apply for admission to the United
States in TN status at a U.S. border crossing post or pre-flight inspection
at designated international airports. The application consists of a letter
from the employer describing the duties of the offered employment and how
the position qualifies as a TN profession. The applicant must also present
his or her educational documents to satisfy the education requirement for
that TN profession. These applications are reviewed by the USCIS officer
at the port of entry or airport pre-flight inspection on the day of travel
to the United States. No visa is required.
- TN petitions for Mexican nationals: The TN process for Mexican nationals
starts with a petition filed by the employer with the USCIS. In addition
to establishing the nature of the TN position and documenting the qualifications
of the prospective employee, the employer must also satisfy the wage requirements
of the Department of Labor by filing an LCA. Upon USCIS approval, the Mexican
national must obtain a visa at a U.S. Consulate in Mexico.
- Change of Status: U.S. employers who wish to hire Canadian and Mexican
nationals already employed in the United States in another nonimmigrant
visa status (e.g. H-1B, L-1), may request a change of status to TN by filing
a petition with the USCIS. The beneficiary may not commence employment until
approval of the TN petition.
USCIS processing times for TN status can vary. On average, processing time of
a TN petition at the USCIS is eight to ten weeks. Canadian applicants will appreciate
their ability to obtain fast processing at an airport pre-flight inspection
or a port of entry.
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3) Extension of TN status
As with all work authorization status types, TN status must be renewed or extended
prior to the expiration of the employee's current TN status (evidenced by the
expiration date of the I-94 card).
Canadian nationals with plans to travel outside the United States in the weeks
or months immediately before the expiration of their current TN status may make
a new application for admission in TN status at a U.S. port of entry or pre-flight
inspection. Upon reentry, the TN employee can be admitted for another one-year
period of stay in TN status.
Where a border application is not an option, TN employees must have an extension
filed by the employer before the current status expires in order to preserve
his/her right to continue to work at the company. Once the TN extension request
has been filed, the employee will have continued work authorization for up to
240 days or upon USCIS approval of the extension, whichever comes sooner. In
the event of international travel (even to Canada) while the extension application
is pending, another TN application would need to be submitted upon reentry.
The employee should contact HR or WHK approximately four months prior to expiration
of their current TN status to ensure sufficient time remains to process an extension.
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