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TN Trade NAFTA Occupations

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TN Trade NAFTA Occupations

Definition and Eligibility

Under NAFTA (North American Free Trade Agreement) Canadian and Mexican professionals may apply to enter the U.S. in TN non-immigrant status. The TN process for Canadian and Mexican professionals is similar with only one minor exception: Mexican nationals coming to the U.S. in TN nonimmigrant status must apply for a TN-2 visa stamp at a U.S. Consulate before entering the U.S. in TN-2 non-immigrant status, whereas Canadian nationals do not require a visa stamp but simply apply at a preflight inspections area or port of entry for permission to enter the U.S. in TN non-immigrant status. TN non-immigrant status is granted in one-year increments with unlimited renewals, requires no forms to be approved by the U.S. Citizenship and Immigration Services (USCIS) prior to entry, and is obtained when applied for at the port of entry or pre-flight inspection center (for Canadian Nationals) or at the U.S. Consulate and subsequent entry at a port of entry (for Mexican Nationals).

The spouse and unmarried minor (under age 21) children of a TN worker are granted TD immigration status. Dependents of Mexican Nationals must apply for a TD visa before entering the U.S. in TD non-immigrant status. Dependents of Canadians who are Canadian citizens need not apply for a TD visa stamp before entering and may simply apply for such status upon entry to the U.S. at a preflight inspections area or landed port of entry to the U.S. Dependents of Canadians who are Canadian landed immigrants must apply to a U.S. consulate for a TD visa. Dependents will be admitted to the U.S. for the period of time coinciding with the TN's period of stay. Dependents entering the U.S. after the TN worker should present a certified copy of the worker's I-94 and a supporting letter from the employer. Dependents in TD status are not eligible for employment. However, they can attend school in TD status.

Requirements for TN status:

• Proof of Canadian or Mexican citizenship. Landed immigrants or permanent residents of Mexico or Canada do not qualify.
• Evidence that the intended U.S. employment and the applicant qualify under Schedule 2 of NAFTA. Click here for a list of qualifying occupations and required credentials.
• Applicant must intend to engage in employment at a professional level. The employment must be prearranged by a U.S. company or institution.
• A letter from the U.S. employer detailing the nature of the employment. TN status is granted for only one employer at a time for a specific type of work. For multiple employers, multiple TN applications must be filed.

TN status is employer- and job-specific; the employee may only work for the employer who issued the TN invitation letter or filed the TN petition and can only perform the job indicated in the letter/petition (concurrent employment is possible if each employer has an approved TN petition). The spouse and unmarried minor (under age 21) children of a TN worker are granted TD immigration status. Dependents who are not Canadian citizens must apply to a U.S. consulate for a TD visa. Dependents will be admitted to the U.S. for the period of time coinciding with the TN's period of stay. Dependents in TD status are not eligible for employment but may attend school part- or full-time.

Documents Necessary to Prove Nature of Employment

• A detailed letter from U.S. employer indicating nature of employment in the U.S. The letter must state the following:
  • Exact Job Title and corresponding profession it relates to as listed on the Approved list of TN Professions;
  • Detailed description of job duties;
  • Rate of Pay, including benefits and any potential bonuses;
  • How long services are required, not to exceed one year, with statement that employment is temporary;
  • Hours projected to work (i.e. 35 hours/week)
  • Background on institution, establishing that Morehouse School of Medicine is an existing institution, to include how long the institution has been in existence.
• The employment must be temporary, indicating an appointment of not longer than one year’s duration. While a person in TN status can later apply for permanent resident status based on the same U.S. employment, at the time of the TN application, the applicant cannot intend to remain in the U.S. permanently.
• There must be no strike or lockout at proposed worksite. If there is, U.S. Customs and Border Protection (USCBP) may deny the entry.

Documents Necessary to Prove Applicant's Qualifications

• Originals or certified copies of school records, diplomas, licenses, degrees, certificates or membership in professional organizations; or transcripts showing an appropriate degree (bachelor's degree or higher) from a recognized college or university; a statement of U.S. equivalency might be required.
• If a license is necessary in the U.S. state where employment is located (i.e., C.P.A., lawyer, nurse, medical technologist, etc.), then applicant must provide proof of possession of a license to be able to practice in the U.S. or an explanation in employer's cover letter regarding why the applicant does not need to be licensed to perform services in a particular state.
• USBCP will approve an unlicensed applicant who will be under the supervision of licensed personnel. (This occurs only in professions that customarily permit members to practice under these conditions.)

Checklist for Canadians Applying at Port of Entry or Pre-flight Inspection Center, or Mexicans Applying for TN Visa Stamps at a U.S. Consulate:

• ____ Proof of Canadian or Mexican Citizenship: Original Passport and/or Birth Certificate for Canadians; Original Passport only for Mexicans
• ____ Employment contract/letter from U.S. employer (see above).
• ____ Professional license or certification (if applicable)
• ____ $50.00 (cash or money order) for Canadian citizens who apply at a preflight inspections area or U.S. port of entry; Mexican citizens will pay the standard fees associated with a visa application at the U.S. Consulate and will not be charged additional fees at the port of entry to the U.S.
• ____ Evidence of academic qualifications, i.e., diploma (copy and original)

Extension of Stay

An extension of stay for Canadian Nationals can be obtained either by returning to Canada and reapplying for admission in the TN classification (they will be given a new one-year period of admission at the port of entry or pre-flight inspection center) OR by having Morehouse School of Medicine file Form I-129 to extend TN status while remaining inside the U.S. Mexican Nationals may extend TN non-immigrant status by either returning to Mexico and reapplying for a TN visa stamp at a U.S. Consulate, OR by having Morehouse School of Medicine file Form I-129 to extend TN status while remaining inside the U.S. back to top

Procedures for Hiring TN Employees at MSM

The OIPS office manager is currently the only agent authorized by MSM to file I-129 TN extension petitions on its behalf or to sign forms G-28 allowing representation by outside attorneys on its behalf relevant to TN cases.

After consultation with OIPS regarding hiring a prospective worker who is a Canadian or Mexican citizen, the department may opt to sponsor the worker for TN status. The department should submit to OIPS for final review an employer’s letter, addressed to U.S. Customs and Border Patrol and containing the appropriate information as discussed with OIPS. OIPS will contact the individual and explain the documentation required to apply for admission in TN status. If a department would like to extend the TN status of an employee without that employee leaving the country, the department should submit the TN extension request form with supporting documentation as outlined in the TN request form. Once submitted, the OIPS will review the packet of documents for completeness and contact the department or foreign national if additional information is required.

Photocopies of original documents may be submitted, but original documents must be available for inspection by the U.S. Citizenship and Immigration Services (CIS) upon request of that agency. After receiving all requested documents, OIPS requires five business days to file the TN extension petition with CIS. Once received by CIS, the extension petition can take many months to process. CIS has instituted a Premium Processing Service for which they will adjudicate a complete petition within 15 calendar days of receipt; the processing fee is $1,000 (separate check required).

After receiving all requested documents, ISSP requires five business days to file the TN petition with U.S. Citizenship and Immigrations Services (USCIS). Once received by USCIS, the petition is normally processed in three months. However, unexpected delays do occur. For this reason, please allow USCIS at least four months to process the application before the official extension date of employment commences.

The department should follow the procedures established by the Dept. of Human Resources to ensure the timely scheduling of their prospective employee at a Human Resources new-hire orientation and their placement on MSM payroll. The department must wait to submit the Personnel Action form to the Dean's office until the prospective employee's arrival date is definitely known and imminent. back to top