TN Professionals
TN status allows qualified Canadian and Mexican citizens to work in the United States in certain professions on a temporary basis. The status was originally created by the North America Free Trade Agreement (NAFTA), which was replaced by the United States-Mexico-Canada Agreement (USMCA). This agreement created special economic and trade relationships for the US, Canada and Mexico. To be eligible for TN status, the international employee must:
- be a citizen of Canada or Mexico;
- have a job with a US employer; and
- meet the qualifications for a position on the NAFTA list of TN occupations.
Important
- Candidates for tenure-track positions should consult with ISSS on different immigration classifications which would allow permanent employment.
- The TN category is only available to citizens of Canada or Mexico. Landed immigrants or permanent residents of Canada or Mexico are not eligible.
- If an individual is already in the US in TN status but is sponsored by another employer and wishes to start employment at Emory University, they must obtain a new TN status that is specific to their Emory employment. The individual must not begin working for Emory until Emory’s TN is approved.
Resources
Length of Stay
TN status is initially granted for up to three years. Extensions of stay may also be granted in increments of up to three years, provided that the TN professional can demonstrate that they do not intend to remain or work permanently in the US. TNs should use caution if they are pursuing a stay of longer than six years. DHS might deny an application (or re-entry into the US at the border) or require further proof of the temporary nature of the employment.
TNs may enter the US up to 10 days prior to the start date indicated in the TN Employment Letter or I-797 approval notice (if a petition was filed). They may also be granted a 10-day grace period after the end date indicated in the offer letter or on the I-797 approval notice (if a petition was filed). To confirm the grace period given, TNs should check the I-94 each time they enter the US. The 10-day grace period is not automatically given and is up to DHS discretion. TNs cannot work during the grace period.
Dependents
TN professionals can bring their spouse or unmarried children under the age of 21 with them to the United States as TD dependents. TD dependents can't be employed in the US, but they can study full-time or part-time. For more information, please visit ISSS' Bringing Family page.
TN Processing
When Outside the US
Initial processing requirements differ for Canadians and Mexicans:
- A Canadian citizen does not require a TN entry visa in their passport. A Canadian can simply present the required supporting documentation at a US port of entry.
- A Mexican citizen must obtain a TN entry visa in their passport from a US consulate or embassy before being eligible for admission to the US in TN status. Otherwise, the application process is the same.
Application for entry in TN status is made at a port of entry (at an airport handling international traffic or at a pre-clearance/pre-flight station directly upon entering the US). At that time, the prospective TN applicant must present the required documentation. For a list of required TN/TD entry documents, please visit ISSS' Enter the US and Arrive to Campus page.
For more information on applying for a TN or TD visa, review ISSS' Apply for a US Visa page.
From Within the US
While it may be possible to change to TN status or extend TN status from within the US through a petition with US Citizenship and Immigration Services, the process is costly and significantly more time-consuming than applying for TN status at a port of entry. Thus, TN processing from within the US is not recommended.
Travel
Like all international scholars, TN employees should do the following before traveling outside the US, including brief trips to Canada or Mexico:
- Review the International Pre-Departure Checklist and pay close attention to any relevant travel guidance;
- gather the visa-specific documents listed in the International Travel Document Checklist; and
- submit the Travel Information Update form in ISSS Link.
TNs have several immigration responsibilities, including reporting any changes in their employment, keeping their local address updated with USCIS and more.
Important Notes:
- The TN is specific to the employer and job/position for an individual TN employee. TN employment authorized for Emory University does not allow employment with another department at Emory, at another location or for a different employer.
- TNs and hiring departments must consult ISSS prior to any changes in a TN’s employment, such as change in title, academic degree required for position, number of work hours, department, location or position duties.
- In some cases, an amended petition will have to be filed with the Department of Homeland Security (DHS).
- Failure to consult ISSS may put Emory and the individual employee at risk for sanctions and penalties by DHS.
- TN employees are not allowed to accept honoraria or payment from outside sources.
For information, please visit ISSS' Maintenance of International Scholar Status page.