Temporary Employment in the US as NAFTA Professionals for Citizens of Canada and Mexico

Established on January 1, 1994, The North American Free Trade Agreement (NAFTA) creates special economic and trade relationships between the US, Canada, and Mexico. Citizens of Canada and Mexico* can be admitted into the US as NAFTA professionals to engage in business activities at a professional level. Those who qualify are admitted to the US for a temporary basis under the TN non-immigrant classification.

TN non-immigrants are only authorized for employment at UCSB in the professions set forth in Appendix 1603.D.1 of the NAFTA treaty. Applicants must satisfy the minimum qualifications for the intended profession prior to seeking the TN non-immigrant status.

Immediate family members who are the spouse and children under the age of 21 may accompany the TN principal and be admitted to the US as TD-Dependents.

Eligible applicants may request the TN/TD non-immigrant status either from outside the US at the US Port of Entry (for Canadian Citizens) or at a US Consulate/Embassy office (for Mexican Citizens), or from inside the US by having the employer submit the Form I-129, Petition for a Non-immigrant Worker to the US Citizenship and Immigration Services (USCIS).

All TN employment requests must be submitted to the Office of International Students & Scholars for eligibility determination.

Please contact the OISS Scholar Advisor at (805) 893-2211 or issd@sa.ucsb.edu for questions/information regarding the TN non-immigrant visa and petition process.

* Permanent residents of Canadian or Mexico are not eligible for the TN category. However, family members do not have to be citizens of Canada or Mexico to seek the TD-Dependent status.

ALL criteria must be met prior to the TN request:

The Employee:

  • is a citizen of Canada or Mexico

  • possesses the minimum qualifications for the profession listed in the NAFTA treaty, Appendix 1603.D.1.

  • must demonstrate that the employment in the US is temporary and will not seek to establish permanent residence status in the US

 

The Job Position at UCSB:

  • must constitute as prearranged professional activity with a US employer in one of the professions set forth in the NAFTA treaty, Appendix 1603.D.1.

  • is a temporary, paid position (TN nonimmigrants may not be employed in a Career/Permanent Position at UCSB)

  • may be for full-time or part-time (Self-employment is not permitted) 

 

The Employer (UCSB Employing Department):

  • is either a US employer or a foreign employer who as arranged for the Canadian or Mexican citizen to provide prearranged services in the US for a US entity

The TN employment authorization is both employer AND job position specific. The employee is only authorized to work for the employer and job position as described for the approved TN request.

The employer must notify US immigration beforehand if there is to be significant changes to the job position. Therefore, the UCSB Employing Department must notify OISS to initiate the TN amendment request process. Such changes are, but no limited to: changes to the job duties, work hours, change of employer, or employment in a new NAFTA profession.


For example – If the employee changes jobs from Engineer to Economists, he/ she will be required to demonstrate the minimum qualifications for the new TN profession to US Immigration before he/she is authorized to begin employment in the new job position.

The UCSB Employing Department should notify OISS in a timely manner to request an extension or amendment of employment for the TN employee.

 A TN nonimmigrant who wishes to work concurrently in a secondary job position or transfer their existing TN authorization to begin employment at UCSB must have their TN petition request approved by US immigration before the start date of employment at UCSB. 

TN nonimmigrants may be admitted to the US for an initial period for up to 3 years. The US Immigration Official will grant the period of stay based on the employer’s requested period of employment.

TN extensions can also be granted in increments for up to 3 years. TN nonimmigrants can choose to extend their status by applying:

  1. From Outside the US: At the US Port of Entry or US Consulate/Embassy
  2. From Inside the US: UCSB submits the Form I-129, Petition for a Nonimmigrant Worker to USCIS

There is no numerical limitation for the TN nonimmigrant status and extension of stay in the US - as long as the job position remains necessary and the beneficiary’s stays remains temporary in nature.

NOTE: US Department of Homeland Security can consider the TN nonimmigrant to be out of status if he/she is no longer employed and continues to be physically present in the US, even if the authorization TN period is still current.

Applying from OUTSIDE the US

FEES ARE PAID BY THE EMPLOYEE

For Canadian Citizens

For Mexican Citizens

 

$50 Application Fee (US Dollars)

  • For each applicant – TN/TD
  • Paid at the time of admission request
  • Paid the US Port of Entry

 

$160.00 nonimmigrant visa application fee (US dollars)

  • For each applicant – TN/TD
  • Paid prior to the visa appointment date
  • Check the US Consulate/Embassy website on payment instructions
  • Receipt/proof of payment is required for the visa interview

 

Applying from INSIDE the US – For Petitions Filed With USCIS

 

  • The following fees are made payable to: US Department of Homeland Security
  • Separate check for each fee payment
  • All checks are to be included in the TN document packet and submitted to OISS for mailing

 

Paid by the UCSB Employing Department

Paid by the Employee – For Family Members

 

$325.00 filing fee

 

  • For Form I-129, Petition for a Nonimmigrant Worker
  • For ALL TN request types

 

 

 

$290.00 filing fee

 

  • For Form I-539, Petition to Extend/Change Nonimmigrant Status
  • Single fee payment will cover all family members filed in the petition

 

NOTE: The I-539 petition and fee is required ONLY IF family member(s) wish to seek the TD-Dependent status from INSIDE the US.

 

OPTIONAL PREMIUM PROCESSING FEE

Can be paid by either the UCSB Employing Department or Employee

 

$1,225.00 filing fee – can be personal or UCSB check
 

  • Paid to expedite the adjudication of the I-129 petition
  • USCIS guarantees to take an action within 15 calendar days of when the fee is received
  • The fee can be paid during the initial request or later as an upgrade to the pending petition
  • USCIS will be refund the fee to the payer if they fail to take action within the guaranteed period

NOTE: Premium processing will not guarantee the approval of the TN petition. USCIS is only required to take an initial action within 15 calendar days of when the fee is received. The initial action can be one of the following: petition approval, request for further evidence (additional documents), an intent to deny, or denial. If a notice requesting further evidence or an intent to deny is issued, a new 15 calendar day period will begin once the response is return to and received by USICS.

 

All applicants are required to provide the following documents for the TN request:

  • Proof of Citizenship – Canadian or Mexican passport
    • Passport should be valid for at least six months beyond the anticipated period of stay
    • Canadian citizens may present a Canadian passport, Canadian birth certificate, or Canadian naturalization certificate to establish citizenship
  • TN employment request letter – On UCSB Department letterhead, indicating:
    • The job title – related to a profession affirmed in the NAFTA Treaty, Appendix 1603D.1
    • Detailed job description
    • The educational qualifications or appropriate credentials demonstrating professional status
    • The duration of employment
    • The arrangements for remuneration for services to be rendered, i.e. salary and benefits eligibility
  • Documents demonstrating professional qualifications:

Proof of education – must be related to/required for the job position

  • Copy of diplomas, degrees, certificates, professional licenses or membership in a professional organization, including official transcripts from the academic institution
  • Degrees received from an academic institution not in Canada, Mexico, or the US must be accompanied by an evaluation by a reliable credentials evaluation service

Evidence of work experience

  • Letters from previous employers demonstrating the applicant’s previous work experience in the same or similar field, or
  • Curriculum Vitae
  • Proof of temporary stay in the US
  • The applicant must show their anticipated period of stay is temporary, without the intent to establish permanent residence in the US

The TN request process differs for Canadian and Mexican citizens who are applying from OUTSIDE the US.

 

For Canadian Citizens

 

Canadian citizens are exempt from the visa requirement and may seek admission to the US as a TN/TD nonimmigrant directly with the Department of Homeland Security at any designated US Port of Entry location such as:

 

  • a US Class A port-of-entry
  • a US airport handling international traffic
  • a US pre-clearance/pre-flight station

 

Each applicant will be required to provide the following documents at the time of US entry request:

 

  • TN Request Documents (See Required Documentation)
  • For family members: (See Family Members – TD Dependents)
  • $50 application fee, in USD
  • One (1) 2x2 photography – must satisfy the passport requirement


TN/TD Applicants should plan to enter the US no more than 10 days prior to the requested start date of employment on the TN Employment Request Letter.

 

For more information, please visit the US Department of State’s website for TN Visas and the website for the US Embassy in Ottawa, Canada.

 

For Mexican Citizens

 

Mexican Citizens are required to obtain a travel visa before seeking admission to the US as a TN/TD nonimmigrant. Applicants are required to attend a visa interview at a US Embassy/Consulate post in Mexico.

 

Each applicant will be required to provide the following documents at the time of the visa interview:

 

  • TN Request Documents (See Required Documentation)
  • For family members: (See Family Members – TD Dependents)
  • DS-160 form – online visa application form
  • Fee payment of $160.00 USD

TN/TD nonimmigrants can enter the US once the travel visa is issued and the dates are current.

 

For more information on the TN visa application process, please visit the US Department of State’s website for TN Visas and Visa Appointment Times or the US Consulate/Embassy in Mexico.

The TN request process is the same for Canadian and Mexican citizens who are applying from INSIDE the US.

 

An employer can choose to file the Form I-129, Petition for a Nonimmigrant Worker on behalf of the employee who is currently inside the US and is seeking to change to or extend their TN nonimmigrant status. This petition process is also available for TN amendments, concurrent employment, or change of employer (transfer) requests.

 

Immediately Family members who are in the US and are eligible can file the Form I-539, Application to Extend/Change Nonimmigrant Status for TD- Dependent status request.

 

The petitions can be filed jointly to the USCIS Vermont Service Center for adjudication.

 

I-129 ELIGIBILITY NOTE: A person who are subject to the J-1 212(E) Two Year Home Residency Requirement or is presently in the US on the Visa Waiver Program is not eligible to seek the TN/TD nonimmigrant from INSIDE the US. They are however still eligible to seek the TN/TD nonimmigrant status but ONLY from OUTSIDE the US. (See Applying from OUTSIDE the US)

 

Petition Process

 

The UCSB Employment Department may initiate the TN request process up to 6 months in advance of the intended employment start date.

 

Step 1: The UCSB Employing Department submits the completed TN Document Packet to OISS

TN DOCUMENT PACKET

UCSB Employing Department

Employee

Checklist – UCSB Department

Checklist – Employee

Data Sheet – UCSB Department

Data Sheet – Employee

UCSB Department Letter for TN Request

Personal Statement of True Photocopies

Step 2: OISS prepares the Form I-129, Petition for a Nonimmigrant Worker

 

  • The forms are signed by the hiring authority i.e. Department Chair/ Director
  • Returned to OISS for mailing

 

Step 3: The TN petition is submitted to the USCIS Vermont Service Center for adjudication

 

  • The employee may Include the I-539 Petition
    • for family members seeking TD-Dependent status from INSIDE the US ONLY

 

Processing Time

 

The standard processing time for a TN petition request at the Vermont Service Center is approximately 2 months. USCIS updates their estimated processing times each month can be viewed at: USCIS Check Processing Times.

 

The premium processing fee can be submitted at a later time if the TN petition is still pending for adjudication.

 

Receipt Notice

 

USCIS will issue a receipt notice, Form I-797C to indicate acceptance of the petition and fees. The processing time begins after the received date indicated on the receipt notice.

 

You may check the status of the pending petition by entering the receipt number at the USCIS My Case Status website.   

 

 

TN Approval

 

When the TN petition request is approved, USCIS will issue one of the following Notices of Approval:

 

  • I-797A - An approved change of status to/extension of TN nonimmigrant status from inside the US
  • I-797B - An approved petition for US Consular Processing (outside of the US)

 

OISS will notify the UCSB Employing Department and the employee once the Notice of Approval is received and available for pick-up.

 

The UCSB Employing Department will witness the original approval notice for I-9 compliance and issue the original documents to the TN beneficiary.

 

NOTE: The TN Notice of Approval is NOT a travel visa and does not grant travel authorization. The travel visa can only be issued by the US Consulate/Embassy. The TN nonimmigrant may use the Notice of Approval to renew the travel visa the next time he/she departs the US. The travel visa is not required to be valid during the TN nonimmigrant’s legal period of stay in the US.

 

Evidence of Lawful Status

 

The following documents are evidence of your TN nonimmigrant status in the US:

 

  • Passport – should be valid for at least six months beyond the current TN end date
  • US Entry Stamp - placed in passport to indicate proof of US admission
    • Permission of Stay End Date should be concurrent to the employment end date
  • I-94 Admission Record – US arrival/departure record and evidence of legal permission of stay
  • Issued at the time of US entry
  • Should have “TN” as Class of Admission and current TN end date
  • For US air entry: electronic I-94 admission record – viewable at www.cbp.gov/I94
  • For US land and sea entry: will receive the paper I-94 document
  • For an approved change of status to/extension of TN nonimmigrant status from inside the US:
  • TN Notice of Approval - Form I-797A or B
  • Copy of the Form I-129 Petition for a Nonimmigrant Worker

 

It will be the responsibility of the TN nonimmigrant to keep their documents in valid status.

 

Employment

 

The validity of the TN nonimmigrant status is based on continuous employment with the same employer and most importantly - employment in the same NAFTA profession. Any significant changes to the job position must be submitted to US Immigration in the form of a TN amendment request to USCIS or with the TN nonimmigrant applying to amend the job position from abroad. Any unauthorized changes to the TN employment may be considered a violation of the TN nonimmigrant status and will void the TN authorization, regardless of the approval period.

 

Change of US Living Address

 

US Immigration requires all foreign nationals to update their US living address within 10 days of changing residence. You may update your US living address online by completing the AR-11 - Change of Address form at: http://www.uscis.gov/ar-11.

 

NOTE: A P.O. Box may not be used for a US living address.

For Canadian Citizens

 

A TN nonimmigrant may travel abroad and return to the US for the remainder of the authorized TN period on the I-94 Admission Record or I-797 Notice of Approval. TN nonimmigrants are granted Multiple Entries to the US for the duration of the authorized TN period.

 

If the TN validity period is expired at the time of re-entry, the TN nonimmigrant will be required to renew their status at the US Port of Entry with the required documents and new fee payment. (See Apply from OUTSIDE the US)

 

For Mexican Citizens

 

A TN nonimmigrant may travel abroad and return to the US for the remainder of the authorized TN period as long as the travel visa is valid. TN nonimmigrants are granted Multiple Entries to the US for the duration of the travel visa.

 

If the travel visa is expired at the time of re-entry, the TN nonimmigrant will be required to renew the travel visa at the US Consulate/Embassy with the required documents and new fee payment. (See Apply from OUTSIDE the US)

 

Traveling outside the US while the I-129 Petition is pending

 

OISS does not recommend traveling outside of the US if your TN petition is currently pending for adjudication with USCIS.

 

USCIS will consider your departure as an act of abandoning the petition request and can terminate the petition request. You will be required to either resubmit a new TN petition request to USCIS (if time permits) or depart the US to renew your TN nonimmigrant status in Canada or Mexico.

 

Please check with OISS first before you plan on traveling outside of the US.

TN Extension with the Current Employer

 

TN Extensions can be issued for up to 3 years per request.

 

The TN nonimmigrant can either depart the US to renew their TN status or the employer can file the Form I-129, Petition for a Nonimmigrant Worker to USCIS. The I-129 Petition for TN extension request must be received by USCIS before the TN end date in order for the TN nonimmigrant to remain in legal status in the US.

 

Amendment – Changes to the Current Job Position

 

When TN nonimmigrant’s job position changes significantly from the original job offer, the employer must notify US Immigration for approval. Such changes are, but no limited to: changes to the job duties, work hours, change of employer, or employment in a new NAFTA profession.

 

For example – If the TN nonimmigrant changes jobs from Engineer to Economists, he/ she will be required to demonstrate the minimum qualifications for the new TN profession to US Immigration before he/she is authorized to begin employment in the new job position.

 

The 240 Day Rule – Temporary Extension of TN Employment Authorization

 

When the TN extension or amendment request is filed with USCIS in a timely manner, the TN nonimmigrant’s authorization employment can be temporarily extended for up to 240 days beyond the current TN end date, even if the TN extension request is pending for approval. The timely filing will also permit the TN nonimmigrant to begin said changes to their employment for an amendment request.  

 

NOTE: Timely manner is when the petition is received by USCIS prior to current TN end date. The received date will appear on the receipt notice (Form I-797C) issued by USCIS. The receipt notice will allow the UCSB Department to extend the TN nonimmigrant’s employment authorization for up to 240 days in the payroll system.

 

Concurrent Employment

 

TN nonimmigrants are eligible to work for additional employers or hold more one job position with the current employer as long as the subsequent job position satisfies the basic TN requirements. (See Eligibility)

 

Change of US Employer (TN Transfer)

 

TN nonimmigrant are eligible to transfer their existing employment authorization to work for new employer in the US as long as the new job position and employer satisfies the basic TN requirements. (See Eligibility)

 

NOTE: The 240 day rule for temporary extension of employment authorization does not apply to concurrent employment or change of employer requests. These requests must be approved by US Immigration before the TN employee can begin new employment or a secondary job position at UCSB.

Immediately family members who are defined as the legally married spouse and unmarried minor children (under the age of 21) of the TN principal can be admitted to the US as TD –Dependents. Family members may apply for the TD nonimmigrant status together with the TN principal or separately at a later period. The validity of the TD nonimmigrant status and benefits are contingent upon the validity of the TN principal’s status.
 

NOTE: Family members can also choose to enter the US as Business (B-1) or Tourist (B-2) visitors to accompany the TN principal if their period of stay is 6 months or less. It is recommended that they apply for the TD-Dependent status if the period of stay is for 6 months or longer. Please consult with the OISS Scholar Advisor on visa options for family members.

 

 

Applying from OUTSIDE the US

 

Family members will follow the same request procedure as the TN principal. (See Applying from OUTSIDE the US) In addition, each family member will be required to provide the following documents:

 

  • Proof of relationship to the TN principal
    • Marriage certificate for spouse
    • Birth certificate for children under the age of 21
  • Photocopies of the TN principal’s approval documents (See Maintaining Legal Status)

 

Family members of a Canadian citizen are exempt from the visa requirement and may seek admission to the US as TD nonimmigrant directly with the Department of Homeland Security at any designated US Port of Entry location.

 

Mexican citizens are required to obtain a travel visa from a US Consulate/Embassy office before seeking admission to the US as a TD nonimmigrant. Applicants are required to make an appointment for a visa interview with a US Consular Officer at a US Embassy/Consulate office in Mexico.

 

Applying from INSIDE the US

 

Family members who are currently inside the US and are eligible may request for a change of status to or extend their TD nonimmigrant status by filing the I-539 Petition to Extend/Change Nonimmigrant Status with the US Citizenship and Immigration Services- Vermont Service Center.

 

The I-539 petition can filed together with the employer’s TN petition request or separately by including photocopies of the TN principal’s approval documents.

 

NOTE: Family members that filed the I-539 Petition from within the US will receive an approval notice- I 797 A/B. Family members that apply from outside of the US will not be issued a notice from USCIS.

 

Children who are Turning 21 Years of Age

 

Children who over the age of 21 will not qualify for the TD nonimmigrant status and will be required to seek a change to another nonimmigrant status. The I-539 Petition to Extend/Change Nonimmigrant Status must be filed with USCIS before the child turns 21 in order to remain in legal status in the US. Otherwise the child must depart the US and seek to re-enter their own primary nonimmigrant status.

 

Study and Employment in the US

 

TD-Dependents are permitted to engage in part-time or full-time study in the US, but only during the TN principal’s approved period of stay. TD-Dependents should seek a change of status to a student visa category to pursue their studies should their study program exceed the TN principal’s period of stay.

 

TD-Dependents are not permitted to work in the US. If the TD-Dependent desires to work in the US, he/she should seek a change of status to another nonimmigrant visa category that permits employment in the US.

 

Maintaining Lawful Status in the US and Travel

 

The family member’s TD nonimmigrant status is considered an extension of the TN principal’s legal status in the US and therefore will depend on the TN principal for maintaining legal status in the US. (See Maintaining Legal Status)

 

Family members are permitted to travel together or separately from the TN principal. TD-Dependents are granted Multiple Entries to the US during the TN validity period.

 

If the TD validity period is expired at the time of re-entry, the TN nonimmigrant will be required to renew their status at the US Port of Entry (for Canadian citizens) or at a US Consulate/Embassy office ( for Mexican citizens) with the required documents and new fee payment. (See Apply from OUTSIDE the US)

 

Family members should travel with their own TD documents as well as a copy of the TN principal’s approval documents and proof of relationship.