Sponsoring Employees in TN Status

TN (Treaty National) employment status is available to Canadian and Mexican citizens. The United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA), created special economic and trade relationships for the United States, Canada, and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

What positions qualify for TN sponsorship?  The occupations specified in Appendix 1603.D.1 of the USCMA treaty can serve as the basis for TN employment. Appendix 1603.D.1 stipulates the minimum qualifications for entry into the U.S. in each occupation. Commonly sponsored positions for TN status include: Teachers, Scientists, Research Assistants, Pharmacists and Physicians (only incidental patient care allowed). If the position requires licensure, applicants must have the license when applying for TN status.

Appendix 1603.D.1 of Annex 1603 of the USMCA listed in 8 C.F.R. ยง 214.6(c). 

The status can be obtained via travel at a port of entry or by filing an I-129 Petition with USCIS.

How long is a TN valid?  Both Canadian and Mexican citizens can be admitted to the United States in TN status in increments of up to three years.  Extensions of stay are also granted in up to three-year increments. There is no cumulative time limit on the time a Canadian or Mexican citizen can be in TN status. Provided the TN professional can still prove nonimmigrant intent each time he or she applies for admission to the U.S., extensions are limitless. 

Who can be considered a dependent (TD) visa holder?  Qualifying TD beneficiaries are the spouse and any unmarried children under 21 years of age of the principal TN.

To assure there will be no delay in the start of the program, please submit the request and supporting documents to OISS at least eight (8) weeks prior to the desired program start date. Please note that immigration regulations are subject to change and can vary depending on your particular case or situation. Always consult an OISS advisor for the most accurate information. OISS is here to help you and your visitors navigate the immigration process.

For questions regarding TN professionals, please contact Nancy Lauland at nlauland@tulane.edu.