TN Visa – Canadian and Mexican Professional Workers

Canadian or Mexican citizens may enter the U.S. for temporary employment appointments based on provisions that appear in the United States, Mexico, Canada Agreement (USMCA formerly North American Free Trade Agreement (NAFTA).

The nonimmigrant Professional (TN) visa allows citizens of Canada and Mexico, to work in the United States in allowed professional activities listed in Chapter 16 Appendix 2 of the USMCA.

The status can be approved for up to 3 years at a time. Extensions can be approved in increments of up to 3 years. There is no statutory limit on how long an international employee can be in TN status. International employees in TN status must have the intention to leave the US upon completion of their assignment.

For any additional questions, please email ICS at HR-ICS@ufl.edu.

Eligibility

  • International employees must be citizens of Canada or Mexico.
  • The position must meet the requirements of the TN professional activity list.
  • The international employee must meet the qualifications of the position as listed in USMCA.
  • The position must be temporary.

Types of Cases

USCIS Approved TN status

The original TN approval notice is valid for employment. The international employee will receive a new I-94 form that is attached to the bottom of the TN Approval Notice. Mexican citizens will need to apply for a new visa stamp at a U.S. consular post the next time they travel internationally. Canadian citizens are visa exempt.

Applying for TN visa

For Canadian citizens (applies at Port of Entry/Pre-Flight Inspection)

International employees depart the US and present themselves to the Customs and Border Protection (CBP) Officer at the border or port of entry. The actual TN period is solely up to the discretion of the CBP Officer. The international employee should be prepared to present the following documents to the CBP Officer processing their entry:

  • The TN Support Letter
  • Original Canadian passport
  • Academic credentials (diploma, transcript and/or academic credential evaluation) – the CBP Officer may request to see original documents
  • Current CV or resume

For Mexican citizens (applies at U.S. Embassy/Consulate)

International employees schedule a visa appointment at the US Consulate/Embassy in Mexico. Please go to the respective U.S. Consulate/Embassy’s website for information on the requirements. Make sure to follow all of the instructions.

All non-immigrant visa applicants should complete Form DS-160, the application for a nonimmigrant visa. It is up to the discretion of the consular officer whether to approve the TN visa or not. If approved, the international employee’s passport will be returned to them by the US Consular/Embassy with a TN visa stamp.

The international employee will not be in valid TN status until entering the US and presenting their passport containing the TN visa stamp. International employees may enter the US as early as 10 days prior to the approved start date.

Process & Timeline

Step 1: Department Submission
  • The department gathers necessary information and documents.
  • Initiates the case in the Fragomen Portal.
Step 2: ICS Review (1-2 weeks)
  • ICS reviews the provided information.
  • May contact the department for clarification.
  • ICS approves and submits the questionnaire to Fragomen.
Step 3: TN Petition Preparation (2-3 weeks)
  • If processing outside the US, Fragomen prepares the TN support letter.
  • ICS reviews the letter.
  • Forwards it to the department for signature.
Step 4: TN Visa Processing

For Canadian Citizens:

  • Depart the US.
  • Meet with the Customs and Border Protection (CBP) Officer at the border or port of entry.
  • The CBP Officer determines the TN period.

Required Documents for CBP Officer:

  • TN Support Letter
  • Original Canadian passport
  • Academic credentials (diploma, transcript, etc.) – the CBP Officer may request to see original documents
  • Current CV or resume

For Mexican Citizens:

  • Schedule a visa appointment at the US Consulate/Embassy in Mexico.
  • Follow instructions on the respective U.S. Consulate/Embassy’s website.

All Applicants Must:

  • Complete the online application Form DS-160 at https://ceac.state.gov/genniv/.
  • Approval of TN visa is at the consular officer’s discretion.
  • If approved, the passport will be returned with a TN visa stamp.
Step 5: Approval & Entry
  • If approved, enter the US in TN status.
  • Canadian citizens are visa exempt.
  • Provide the department with a copy of TN visa stamp or admission stamp and electronic I-94.
  • The department forwards copies to ICS.

Please note that international employees can enter the US up to 10 days before the approved start date.

Filing for the TN visa through USCIS

Step 1: Department completes and submits case initiation in Fragomen Portal

The department will be responsible for gathering all the information and documentation and initiating the case in the Fragomen Connect Portal.

Step 2: ICS Review and analysis of case initiation questionnaire (1 to 2 weeks)

ICS will perform a review of the information and documentation provided. We will reach out to the department with any questions. Once the application is complete, ICS approves and submits the questionnaire to Fragomen.

Step 3: Preparation of the TN Petition (2 to 3 weeks)

If processing the petition through a filing with USCIS Fragomen will prepare the USCIS filing to Petition for a Nonimmigrant Worker and supporting documents. ICS reviews and signs the petition and returns to Fragomen for filing. This step may take longer since Fragomen prepares applications based on start date.

Step 4: USCIS Processes TN (15 days to 12 months)

The current processing times for TN petitions filed with USCIS is 8 to 12 months. USCIS does post processing time information on their website, but that may not always be the most up to date information.

Under “Premium Processing,” USCIS will adjudicate (i.e., approve, deny, or issue a Request for Evidence (“RFE”) the petition within 15 calendar days.

Step 5: Approval Notice (1 to 2 weeks)

The original approval notices are sent from USCIS to Fragomen. Fragomen notifies ICS when they receive the notice as well as forwarding the original notice to our office. Once ICS receives the approval notices, we email the department with information on collecting the original notice.

Fees

Port of Entry/Pre-flight Inspection fees (For Canadian Citizens)/Consulate Processing filing fees (for Mexican Citizens)::
  • TN Processing Fee – required, this is substantially less than USCIS filing fees.
  • This can be paid by the international employee.
  • $1,000 Fragomen legal fee for case processing 
  • Request for Evidence response fees: determined at time of RFE 
  • Additional Rush fees – cases submitted with less than a certain number of days until the requested start date are subject to additional Rush fees. Rush fees are an employer fee. Cases requiring Rush fees should be discussed with ICS prior to initiation submission. 
USCIS filing fees:
  • TN Filing Fee – required
  • Premium Processing (PPS) fee – required for new to UF TN petitions
  • $1,000 Fragomen legal fee for case processing
  • Request for Evidence response fees: determined at time of RFE
  • Additional Rush fees – cases submitted with less than a certain number of days until the requested start date are subject to additional Rush fees. Rush fees are an employer fee. Cases requiring Rush fees should be discussed with ICS prior to initiation submission.
  • Additional service provided – if needed, Fragomen will advance the filing fees for the department. There is an additional $100.00 processing fee if you use this service.

Why PPS? Under Premium Processing, USCIS will adjudicate the petition within 15 business days of their receipting the petition. Adjudication can be one of 3 actions: approval, denial, or request for evidence (RFE). In the event of an RFE, the 15 business-day count starts over after the response to the RFE is received.

Fragomen legal fees:

For more detailed information on fees, please refer to the ICS Fees and Rush Chart.

TN Visa FAQs

How long can an international employee be in TN status?

There is no maximum time an international employee can be in TN status. TN status is initially valid for up to 3 years and can be extended in up to 3-year increments.

How soon after filing a TN petition with USCIS can an international employee start to work?

Change of Status inside the US: An international employee can begin working on TN status once the department has the original approval notice and the start date has occurred. If they are currently working at UF under another status (J-1 or F-1 OPT), they can continue to work under that status until the TN status is approved or that other status ends, whichever occurs FIRST.

Change of Employer inside the US: If the international employee is already in TN status with another employer, they may begin to work once the department has received the original approval notice USCIS. It is not advisable to leave their prior employment too soon.

Amendment inside the US: If the international employee is changing employment conditions, they may begin work once Fragomen submits the petition to USCIS, and the requested start date has occurred.

What if the international employee’s job responsibilities change or they have to switch from one job location to another?

If the international employee has a material change in job responsibilities or location, UF will need to file an amended TN petition on their behalf. Any change in job location or job duties should be brought to the attention of their department liaison before accepting the change in employment. The amendment will need to be filed with USCIS or processed through the international employee’s home country before any changes in their employment.

How is TN status extended?

TN extensions can be filed up to 6 months before the expiration date of the current TN status. The international employee can also extend their status through their home country. If an extension application is filed with USCIS before the current authorized stay expires, the international employee may be eligible for continuous work authorization for up to 240 days while the application is pending.

Can an international employee continue working if their TN Extension has not been approved by USCIS by the time their current TN expires?

If an extension application is filed before the current authorized stay expires, the international employee may be eligible for continuous work authorization for up to 240 days while the application is pending.

How does an international employee or department check the status of a case after it has been filed with USCIS?

Check the case status using USCIS’s online Case Status tool. Case Status Online

When will the international employee receive their I-797 Approval Notice?

Once USCIS approves the international employee’s petition, they will forward the I-797 Approval Notice to Fragomen. Please note that it can take several days to weeks for USCIS to mail the approval notice to Fragomen. Once received, ICS will notify the department to pick up the original approval notice, which will then be forwarded to the international employee.

When should the department request the filing fee checks?

Request the checks no earlier than 6 months before the desired start date, as checks are only valid for 6 months.

Who are the filing fee checks made out to?

The filing fee checks should be made payable to U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, 24000 Avila RD RM 2302, Laguna, Niguel, CA 92677, United States.

Can an international employee get paid for outside conferences and complete work outside of their TN?

A TN employee is not permitted to accept payment for any activity or services rendered outside of the approved TN.

Can an international employee pursue green card while on TN?

No, an international employee cannot apply for permanent residency while on TN status. TN status does not allow for dual intent.

Can a TD dependent work?

No, TD dependents are not eligible for work authorization.

Can a TD dependent volunteer?

It depends on the type of organization and the nature of the work. A TD cannot volunteer for a for-profit company. A TD can volunteer for a nonprofit or local organization, as long as the work would not otherwise be paid.

TDs cannot volunteer at UF.

Can a TD dependent attend school?

Yes, TD dependents may attend school.

How long can a dependent child be in TD status?

An unmarried child can be in TD status as long as they are under 21 and their parent is maintaining their TN status.

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