Understanding TN Sponsorship
The TN status is employment-based and available only within specific occupational categories and to citizens of Canada and Mexico.
TN Eligibility
TN status is restricted to citizens of Canada and Mexico whose jobs are listed within NAFTA Appendix 1603.D.1. It is intended for temporary employment and may not be used for tenure-track positions.
TN status is available in three year increments and is renewable, though the non-immigrant nature of the visa makes the status inadvisable for indefinite use.
TN dependents are not eligible for employment authorization.
TN Necessary Documents
Departments must provide a TN employee with a letter verifying the job offer, specific employment start and end dates, job requirements, and the specific category under which the position qualifies for TN from within the NAFTA Appendix 1603.D.1.
TN employees should gather:
Passport with Canadian or Mexican citizenship and validity at least six months into the future
Job offer letter as described above, with an employment period noted of no more than three years from the start date
Degree/experience letters that demonstrate consistency with job requirements. (These should be originals.)
Initial TN Process
Employees may apply for TN status from outside the US or change to TN status within the US.
If an employee is outside the US and a citizen of Canada, he or she must gather the necessary documents and present them at the US port of entry. No visa is required, but the employee must pay a $50 CBP fee. The TN visitor should verify their status and admit until date after entry via I-94/I-95 Website - Official Site for Travelers Visiting the United States.
If the employee is inside the US and a citizen of Canada, there are two ways to proceed for initial TN status. The employee can gather the necessary documents, travel outside the US, and re-enter in TN status. Alternately, the department can work with ISSS to submit a change of status petition to USCIS, which will require the payment of all necessary USCIS filing fees. The USCIS processing time for all I-129 petitions is 4-6 months.
If the employee is outside the US and a citizen of Mexico, he or she must gather the necessary documents and make a visa appointment at the US embassy or consulate closest to them in Mexico. A valid TN visa is required for entry into the US in TN status. The TN visitor should verify their status and admit until date after entry via I-94/I-95 Website - Official Site for Travelers Visiting the United States.
If the employee is inside the US and a citizen of Mexico, he or she must either leave the US, apply for a TN visa, and return to the US, or the department can work with ISSS to submit a change of status petition to USCIS, which will require the payment of all necessary USCIS filing fees.
TN Extensions
For Canadian citizens seeking an extension of TN status, the department must write an updated letter verifying the employment, job requirements, updated dates of employment, and the specific category under which the position qualifies for TN from within the NAFTA Appendix 1603.D.1.
Once the new letter is obtained, the employee can gather the necessary documents, travel outside the US, and re-enter with extended dates of TN validity. Alternately, the department can work with ISSS to submit an extension petition to USCIS, which will require the payment of all necessary USCIS filing fees. The USCIS processing time for all I-129 petitions is 4-6 months unless the additional premium processing fee is paid.
For Mexican citizens seeking an extension of TN status, the department must write an updated letter verifying the employment, job requirements, updated dates of employment, and the specific category under which the position qualifies for TN from within the NAFTA Appendix 1603.D.1.
If the employee has a valid TN visa, he or she can travel outside the US with the new letter and re-enter the US with new validity dates. Alternately, if the visa is not valid and the employee does not wish to apply for visa renewal, the department can work with ISSS to submit an extension petition to USCIS, which will require the payment of all necessary USCIS filing fees. The USCIS processing time for all I-129 petitions is 4-6 months unless the additional premium processing fee is paid.
TN Fees
If a USCIS petition is required for a change of status to TN or an extension of existing TN status, the department must pay all required filing fees as well as the USCIS premium processing fee if necessary.
$510 USCIS I-129 filing fee for TN petitions
$2,965 USCIS premium processing fee
If the employee gains or extends TN status through travel:
Canadian citizens will pay a $50 CBP fee at the U.S. Port of Entry.
Mexican citizens must pay the DS-160 visa application fee of $160 in addition to any required reciprocity fees.
TN Dependents
TN employees may bring dependents in TD status. Dependents of TN employees are limited to spouses and unmarried children under the age of 21 but may attend school.
Canadian citizens may enter the US in TD status without a TD visa. They must travel with a copy of the TN employment letter, a copy of the TN’s I-94 (if the TN is already in the US), and a copy of the marriage or birth certificate documenting the relationship with the TN employee.
Mexican citizens must have a TD visa to enter the US in TD status. To apply for the visa, they must make an appointment at the U.S. embassy or consulate and present a copy of the TN employment letter, a copy of the TN’s I-94 (if the TN is already in the US), and a copy of the marriage or birth certificate documenting the relationship with the TN employee.
TN Check-in
Upon arrival to the US, all TN employees must check in with the ISSS office.