Carnegie Mellon University

TN Professionals Under NAFTA

The TN (Trade NAFTA) category was developed as a part of the North American Free Trade Agreement (NAFTA) to facilitate the entry of Canadian and Mexican citizens to the U.S. to temporarily engage in certain professional business activities.  The United States-Mexico-Canada Agreement, USMCA, has replaced NAFTA however the TN status was retained in the new agreement.  For more information and a list of the TN professional fields, visit the U.S. Department of State or U.S. Citizenship and Immigration Services (USCIS).

An advantage of TN status is that there is no upper limit on the length of time an individual may remain working in TN status. There is no numerical limit on the number of new Canadian or Mexican TN applications. For Canadians, TN status is quick to obtain at the border or port of entry.

Disadvantages of the TN include: (1) it is only valid for a limited number of occupations, (2) TN status is only available to citizens of Canada or Mexico, and (3) since it is meant to be temporary, tenure-track or tenured professors may have difficulty obtaining TN status. Canadians do not require a visa stamp. For Mexicans, a TN worker must have a TN visa from a U.S. consulate to enter the U.S. TNs are admitted to the U.S. for a period of up to three years, which may be extended.

The most common fields or occupations used by TN employees at the university are:

  • Research assistant
  • Scientist (many but not all fields are listed)
  • College and University Teacher

OIE encourages new TN workers to check-in with the OIE TN advisor and to carefully review their I-94 whenever entering the U.S. 

Application and Extension Process:

The process is relatively simple and quick. Please note that "landed immigrants" of Canada (i.e., permanent residents) are not eligible for TN status. Before traveling, check with U.S. Customs and Border Patrol for their current procedure.  At many ports, it is possible to apply for TN status at the point of entry to the U.S. (land border or airport) .  At other ports (Buffalo, for example), an appointment is required.  When applying for TN status or entering the US, travelers should bring:

  1. Proof of Canadian citizenship
  2. TN request letter, provided by the hiring department that outlines:
    • Job description (must be one of the professions listed on the NAFTA list)
    • Anticipated duration of stay
    • Qualifications required for the job
    • Terms of employment (salary, hours, etc.)
    • Evidence that they meet applicable licensure requirements for the position
  3. Professional qualifications (diplomas, licenses, etc.)
  4. Application fee

For employment and payroll purposes, Canadians will present an I-94 indicating TN status and the end date (not more than three years after entry.) The name of the specific employer should be written next to the stamp on the I-94 card and/or in the passport. If you will work for two or more employers, there should be a stamp and entry recorded for each employer. 

TN status is "employer-specific." Therefore, a Canadian in TN status who wants to change employers must exit the U.S. and present new TN documents to the U.S. border officer at the port of entry (or at the TN appointment) to be readmitted to the U.S. in TN status for any new or additional employer.

Most Canadians "extend" TN status by traveling to or flying across the U.S./Canada border and re-entering the U.S. with a letter from the employer requesting renewal of the TN status. Other documentation (including diplomas, etc.) should also be carried out at the time of renewal. If successful, the employee is provided with a new I-94 marked with a new expiration date. Individuals may also apply for an extension of status by applying to U.S. Citizenship and Immigration Services (USCIS); however, this can take many months to process; therefore, travel to the border is usually preferred.

Canadians who will travel to a country other than Canada are advised to travel "fully documented." This includes a copy of the I-94, proof of current employment, and a copy of academic document(s). Unlike travel to and from Canada when the I-94 is generally left in the passport, the I-94 will likely be removed when the employee exits the U.S. to travel to another (non-Canadian) foreign country. In this case, the visitor may be obliged to prove eligibility for TN status upon re-entry to the U.S.

Mexican citizens must obtain a TN visa at a U.S. consulate to be admitted to the U.S. with TN status. Instructions from the U.S. Department of State (DOS) indicate that a Mexican TN applicant must submit documents to the U.S. Consulate to support the TN visa application:

  1. Proof of Mexican citizenship (usually the passport)
  2. TN request letter, provided by the hiring department that outlines:
    • Job description (must be one of the professions listed on the NAFTA list)
    • Anticipated duration of stay
    • Qualifications required for the job
    • Terms of employment (salary, hours, etc.)
    • Evidence that the individual meets applicable licensure requirements for the position
  3. Professional qualifications (diplomas, licenses, etc.)
  4. Application fee

Details for CMU Employees

Carnegie Mellon hosts TN workers in several departments. Hiring departments, as well as prospective and current employees are welcome to discuss related issues with an OIE Advisor. TN employees at CMU commonly use common occupations are research assistant, scientist (many but not all fields are listed), and college and university teacher.

For Canadian and Mexican employees whose occupation appears on the TN lists, TN may be a viable and quick option to gain employment authorization. Hiring departments and employees from Canada and Mexico should confirm that their field appears in the list of occupations and discuss the intended non-immigrant work status with OIE. A specific TN request letter for submission by the Canadian employee at the U.S. Port of Entry and by the Mexican employee to the U.S. Consulate. This letter is different than a regular offer letter. OIE has provided a sample TN letter for general reference. Once drafted, the letter should be reviewed by OIE before presentation to the employee. 

Additional Information

TN and F-1 OPT compared. Canadian and Mexican citizens who have completed a degree in the U.S. may consider employment in TN and/or F-1 Optional Practical Training (OPT) status. (Note: only Mexican and Canadian citizens are eligible for TN.) Both processes require the student/employee to take action. However, a student may apply for OPT prior to obtaining a job offer, whereas for TN a specific job offer is required. For Canadians, OPT may take longer overall compared to a trip to the border and back for a TN. For Mexicans, a change of status or out of country trip is required to apply for and obtain the TN visa at a U.S. consulate before re-entry. TN can be quick but is limited to certain fields, whereas OPT employment may be in any field that is related to the student’s area of academic study. OPT is not job-specific employment authorization, which may provide more flexibility. From an employer’s perspective, it should not matter which status the student/employee chooses. However, employees should discuss details with employers in advance.

TN and H-1B compared. TN provides a good alternative for Canadian and Mexican professionals to H-1B status in certain fields. This is especially true for private sector employment that is subject to the numeric H-1B cap. TN is also generally quicker to obtain than H-1B for Canadian and Mexican employees but must be renewed every three years. However, TN status does not allow for "dual intent" therefore people seeking U.S. permanent residency may need to shift to H-1B status when planning that transition.

Dependents. Dependents of TN workers in TD status may not be employed but may volunteer or study.