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.
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.
For Canadian citizens
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. Along with the TN support letter, the international employee should be prepared to present additional documents to the CBP Officer processing their entry:
For Mexican citizens
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.
For Canadian Citizens:
Required Documents for CBP Officer:
For Mexican Citizens:
All Applicants Must:
Please note that international employees can enter the US up to 10 days before the approved start date.
The department will be responsible for gathering all the information and documentation and initiating the case in the Fragomen Connect Portal.
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.
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.
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.
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.
Why PPS? Under Premium Processing, USCIS will adjudicate the petition within 15 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-day count starts over after the response to the RFE is received.
For more detailed information on fees, please refer to the ICS Fees and Rush Chart.
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.
Change of Status inside the US: An international employee can begin working on TN status once the department has the 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 electronic approval email from 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.
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.
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.
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.
Check the case status using USCIS’s online Case Status tool. Case Status Online
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.
Request the checks no earlier than 6 months before the desired start date, as checks are only valid for 6 months.
The filing fee checks should be made payable to U.S. Department of Homeland Security Citizenship and Immigration Services.
A TN employee is not permitted to accept payment for any activity or services rendered outside of the approved TN. They are permitted to receive reimbursement for travel expenses.
No, an international employee cannot apply for permanent residency while on TN status. TN status does not allow for dual intent.
No, TD dependents are not eligible for work authorization.
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.
Yes, TD dependents may attend school.
An unmarried child can be in TD status as long as they are under 21 and their parent is maintaining their TN status.