TN - North American Free Trade Agreement

The TN (Trade NAFTA) visa category was developed as part of the North American Free Trade Agreement (NAFTA), to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities on a temporary basis.

Only occupations specified in Appendix 1603.D.1 of the NAFTA treaty can serve as the basis for TN employment. This appendix also stipulates the minimum qualifications for entry into the U.S. for each approved occupation. Canadian and Mexican citizens meeting these requirements can be admitted to the U.S. in increments of up to three years and are renewable for up to three years at a time, indefinitely (provided the stay remains temporary in nature). There is no cumulative total time limit on TN status and no numerical limitations on Canadian TN’s. However, there is an annual limit of 5,500 on Mexican TN’s (this is for new TN applicants and does not apply towards TN extensions or amendments).

TN Requirements

Special Processing Requirements Differ for Canadians and Mexicans
Before a Mexican citizen can obtain TN status, his or her employer must file and receive approval of a Form ETA 9035 “Labor Condition Application” with the U.S. Department of Labor, and a Form I-129 “Petition for Nonimmigrant Worker” must be filed with the U.S. Citizenship & Immigration Services. The Mexican citizen is also required to obtain a TN visa from an U.S. consulate before being able to enter the U.S. in TN status.

A Canadian citizen does not require prior approval from the U.S. Department of Labor or the U.S. Citizenship & Immigration Services, and he or she does not have to obtain a TN visa. A Canadian simply presents him or herself at a U.S. port-of-entry with the required supporting documentation, and is directly admitted into TN status.

Canadian or Mexican Citizenship Requirement

An individual seeking TN status must be a citizen of Canada or Mexico. Landed immigrants or permanent residents of Canada or Mexico do not qualify for TN status.

Visa Requirements

For Canadian citizens, no TN stamp issued by a U.S. consulate required. For Mexican citizens, a TN visa stamp issued by a U.S. consulate is always required (this also applies to accompanying family members).

Steps to Filing a TN Application

1. The department completes the “UNLV Department Worksheet for International Scholars in TN Status.” The department must submit a copy of a contract (if one is available) or an oral agreement (sample available) to OISS. This document along with the completed “Visa Biographical Worksheet” will be used to describe the position in detail in a letter to the U.S. Customs and Border Protection.

2. The prospective TN scholar completes “Visa Biographical Worksheet” and submits it to OISS with all of the required documents listed on page two of the worksheet.

3. If the TN scholar is a Canadian citizen, OISS will provide the sponsoring department with a detailed employment letter to be signed by the Department Chair or College Dean. The employment letter will include complete instructions on how the international scholar can obtain TN status at a U.S. port-of-entry, designated pre-flight inspection area, or U.S. international airport.

If the prospective TN scholar is a Mexican citizen . . .
A Form I-129 application “Petition for Nonimmigrant Worker” will be completed by OISS and filed with U.S. Citizenship & Immigration Services. Processing can take up to 6 months before the TN petition is approved by USCIS. When the TN petition is approved, USCIS will mail an original TN approval notice to OISS. OISS will supply your department with a copy of the approval notice and mail the original TN approval notice to the international scholar, who will then make an appointment at a U.S. consulate in Mexico to obtain a TN visa and enter the U.S.

4. The international scholar MUST check-in with OISS upon arrival at UNLV.
The international scholar will provide a copy of their new I-94 card, U.S. visa, and passport.

5. Keep OISS informed of any changes relating to the international scholar’s employment.
This includes any changes in job duties, salary, work location, termination, etc.

Special Considerations for the TN Application

• UNLV department initiates the TN request by completing the “UNLV Worksheet for International Scholars in TN Status”
• Prospective TN scholar completes “Visa Biographical Worksheet”