TN (Trade NAFTA) Status

The North American Free Trade Agreement (NAFTA) allows Mexican and Canadian citizens to enter the USA in TN status in order to be employed in specific occupations on a temporary basis, if they hold the qualifying educational background, degrees, or experience described within NAFTA Appendix 16-3.D.1. Most occupation titles require a bachelor degree and some require a higher degree or a professional license with few exceptions.  TN non-immigrant status requires that applicants show evidence that they have a residence abroad and that they intend to depart the U.S.A. after completing their employment.

Obtaining TN Status

Canadian Citizens

Option 1: Scholar is currently in the USA and is willing to travel to request TN status at a U.S. Port of Entry (POE)

  • Academic departments and divisions submit a TN Request Form and supplemental materials to ISSS two months in advance of the requested employment start date or employment extension.
  • ISSS prepares a letter and supplemental documentation for the Customs & Border Protection (CBP) Officers and provides the scholar with important information on requesting and maintaining TN status.
  • Upon entry into the USA, TN scholars must submit copies of Form I-94 card (both sides) to ISSS and check-in with their academic department.

Option 2: Scholar is currently in the USA and is not able to travel to request TN status at a U.S. POE

  • Academic departments and divisions submit a TN Request Form and supplemental materials to ISSS at least four months in advance of the requested employment start date.
  • ISSS files petition with the U.S. Citizenship & Immigration Services (USCIS), Vermont Service Center, along with support documents and filing fee. Approval must be received before employment can begin or continue.

Option 3: Scholar is currently outside of the USA and there is a concern about being granted TN status at a U.S. POE

  • As of October 1, 2012, a petition can be filed with the USCIS prior to entering the USA in order to determine TN eligibility in order to faciliate entry into the USA.
  • Academic departments and divisions submit a TN Request Form and supplemental materials to ISSS at least four months in advance of the requested employment start date or employment extension. 
  • ISSS files petition with the USCIS, Vermont Service Center, along with support documents and filing fee.
  • Once an approval is received, an I-797 Approval Notice and supplemental documentation will be sent to the scholar to present at the US POE. Approval of TN status must be received before employment can begin.
  • Upon entry into the USA, TN scholars must submit copies of Form I-94 card* (both sides) to ISSS and check-in with their academic department.
  • Starting in mid-May 2013, U.S. Customs & Border Protection will be phasing out the issuance of physical I-94s at ports of entry in California (land border ports of entry will still issue physical I-94s). Scholars can access their I-94 print-out at www.cbp.gov/I94 (live on 4/30/2013). For more information and updates on I-94, please visit the CBP I-94 webpage.

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Mexican Citizens

Option 1: Scholar is currently in the USA and is willing to travel to request TN status at a U.S. Port of Entry (POE)

  • Academic departments and divisions submit a TN Request Form and supplemental materials to ISSS four months in advance of the requested employment start date.
  • ISSS prepares a letter for the Customs & Border Protection (CBP) Officers and provides the scholar with important information on requesting and maintaining TN status, as well as how to apply for a TN visa at a U.S. Consulate abroad.
  • Scholar obtains a TN visa and requests TN status at a U.S. POE.
  • Upon entry into the USA, TN scholars must submit copies of Form I-94* card (both sides) and TN visa to ISSS and check-in with their academic department.
  • Starting in mid-May 2013, U.S. Customs & Border Protection will be phasing out the issuance of physical I-94s at ports of entry in California (land border ports of entry will still issue physical I-94s). Scholars can access their I-94 print-out at www.cbp.gov/I94 (live on 4/30/2013). For more information and updates on I-94, please visit the CBP I-94 webpage.

Option 2: Scholar is currently in the country and is not able to travel to request TN status at a U.S. POE

  • Academic departments and divisions submit a TN Request Form and supplemental materials to ISSS at least four months in advance of the requested employment start date or employment extension.
  • ISSS files petition with the U.S. Citizenship & Immigration Services (USCIS), Vermont Service Center, along with support documents and filing fee. Approval must be received before employment can begin or continue.

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Entering the USA

Canadian citizens apply for TN status at a US Port of Entry and a U.S. Customs and Border Patrol Officer determines eligibility. A TN visa is not required.

Mexican citizens must apply for a TN visa at a U.S. Consulate. TN eligibility is determined by a US CBP Officer at a US POE.

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Travel Guidelines

If traveling to Canada or Mexico for less than 30 days, you do not need to forfeit your I-94 card. If traveling for more than 30 days or outside of North America, you will need to submit your I-94 card upon departure.

Canadian citizens need to present the following to a CBP Officer at the port of entry when re-entering the USA after a trip abroad:

  • Valid passport
  • Valid unexpired I-94*, other evidence entitling the individual for readmission in TN status, or a copy of your previous I-94 card.
  • Recently issued UCSC letter confirming your employment

Mexican citizens need to present the following to a CBP Officer at the port of entry when re-entering the USA after a trip abroad:

  • Valid passport
  • Valid TN visa
  • Valid unexpired I-94*, other evidence entitling the individual for readmission in TN status, visa fee receipt, or a copy of your previous I-94 card.
  • Recently issued UCSC letter confirming your employment

Starting in mid-May 2013, U.S. Customs & Border Protection will be phasing out the issuance of physical I-94s at ports of entry in California (land border ports of entry will still issue physical I-94s). Scholars can access their I-94 print-out at www.cbp.gov/I94 (live on 4/30/2013). For more information and updates on I-94, please visit the CBP I-94 webpage.

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Resources

It is recommended that you visit the following government websites for more detailed information.

Customs & Border Patrol, Frequently Asked Questions on Admission to the U.S.A.

Customs & Border Patrol, Border Wait Times

Customs & Border Patrol, Canadian Preclearance Locations

Customs & Border Patrol, Nonimmigrant NAFTA Professional TN Visa

Customs & Border Patrol, North American Free Trade Agreement

Department of State, Visas for Canadian and Mexican Citizens

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