Information for International Scholars at UNLV

TN Questions

1. I heard that the TN rules have changed and that Mexican citizens no longer have to file an application with the immigration service for TN status. Is this true?
2. What occupations are eligible for TN status?
3. I moved to a new address. Do I have to report this to the immigration service?
4. I am traveling outside the U.S. for a short trip. What documents do I need in order to come back to the U.S.?
5. I would like to bring my spouse and children to join me in the U.S. What do I need to do?
6. My spouse would like to work. Is this allowed?
7. How do I get an extension of my TN?
8. I have an opportunity to give a lecture at another institution. They will pay me for speaking. Can I do this?
9. I am in TN status at UNLV and have been offered a position at a different employer. Can I transfer to my TN status to another institution? How do I do this?
10. I am working full-time on my TN at UNLV and I have been offered a part-time position off-campus at a different employer. Can I work at both my full-time job at UNLV and a part-time job at a different employer? What should I do?
11. I would like to apply for a “green card” or U.S. permanent residency based on my employment at UNLV? What should I do?

1. I heard that the TN rules have changed and that Mexican citizens no longer have to file an application with the immigration service for TN status. Is this true?

Yes, on January 1, 2004 a number of changes relating to NAFTA and the TN regulations took affect. The TN procedures for Mexican citizens have been simplified by removing the requirement for petitions and labor condition applications. In addition, there is no longer a limitation on the number of Mexican TN visas that can be issued each year. But Mexicans are still required to apply for a TN visa at a U.S. consulate or embassy before seeking admission to the U.S.

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2. What occupations are eligible for TN status?

The NAFTA (North American Free Trade Agreement) treaty and U.S. Citizenship and Immigration Services both specify which professions qualify for TN status. The most common TN occupations used for UNLV employees are University Teacher, Research Assistant, Scientific Technician/Technologist, Computer Systems Analyst, and Librarian. See the U.S. Department of State’s website for the entire list of occupations eligible for TN status.

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3. I moved to a new address. Do I have to report this to the immigration service?

Yes, all foreign nationals (including U.S. permanent residents) who are physically present in the U.S. must notify U.S. Citizenship & Immigration Services (USCIS) of any change in their residential address. To satisfy this requirement, you and each of your TD dependents must complete a separate Form AR-11 and submit it to USCIS within 10 days of the move. See the Change of Mailing Address Requirement information for a link to the form and instructions. Please remember to also give the Office of International Students and Scholars your new address.

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4. I am traveling outside the U.S. for a short trip. What documents do I need in order to come back to the U.S.?

If you are a Canadian citizen, the only thing you need is your original Form I-94 marked for multiple entries that you were given when you were granted TN status at the U.S. port-of-entry or pre-clearance station at an airport. You may also want to take a status letter from the Office of International Students and Scholars (OISS) and a copy of your current contract. In addition, if you are re-entering the U.S. from outside the Western Hemisphere, you will need your Canadian passport.

If you are a Mexican citizen, you need your original Form I-94 marked for multiple entries that you were given when you were granted TN status at the U.S. port-of-entry and your valid Mexican passport that has a valid (unexpired) TN visa in it. If your visa is expired, you will need to renew it at a U.S. consulate or embassy before returning to the U.S. You may also want to carry a status letter from the Office of International Students and Scholars and a copy of your current contract.

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5. I would like to bring my spouse and children to join me in the U.S. What do I need to do?

Only spouses and children under the age of 21 are eligible for TD dependent status. Other family members who want to visit you in the U.S. have to apply for a tourist visa. Make an appointment with the International Scholar Advisor in the Office of International Students and Scholars to find out what documentation is needed in order for your spouse and children to apply for TD status.

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6. My spouse would like to work. Is this allowed?

TD dependents cannot work in the U.S., but they are allowed to attend school. However, if an TD dependent qualifies for his/her own TN, a change of status to TN or travel and re-entry as a TN is necessary before any such work can be started.

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7. How do I get an extension of my TN?

You can apply for an extension of your TN either by traveling back to Canada (or Mexico if you are a Mexican citizen) and re-entering the U.S., or if you don’t want to travel, UNLV can file an application for an extension at U.S. Citizenship and Immigration Services. Make an appointment with the International Scholar Advisor in the Office of International Students and Scholars before traveling to find out what documents are needed for the extension.

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8. I have an opportunity to give a lecture at another institution. They will pay me for speaking. Can I do this?

Yes, you can give a lecture at another institution, but, NO, you cannot be paid for it. TN workers are permitted to give occasional speeches or lectures at another institution, but they cannot be compensated for these activities. However, you may be reimbursed for expenses incurred in connection with travel to other institutions or conferences. This is not considered employment, as long as the payments are truly reimbursements for expenses and are not disguised compensation.

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9. I am in TN status at UNLV and have been offered a position at a different employer. Can I transfer to my TN status to another institution? How do I do this?

Yes, you are allowed to change employers. However, you will need to reapply for TN status, because TN status is employer-specific. Make an appointment with the International Scholar Advisor in the Office of International Students and Scholars for more information.

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10. I am working full-time on my TN at UNLV and I have been offered a part-time position off-campus at a different employer. Can I work at both my full-time job at UNLV and a part-time job at a different employer? What should I do?

Yes, TN status holders may have more than one job, but you must reapply for TN status for the new employer before beginning to work. This can be done by exiting and re-entering the U.S. with documentation that incorporates the additional TN, or if you don’t want to travel, by filing an application with U.S. Citizenship and Immigration Services. Contact the International Scholar Advisor in the Office of International Students and Scholars for more information.

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11. I would like to apply for a “green card” or U.S. permanent residency based on my employment at UNLV? What should I do?

Make an appointment with the International Scholar Advisor in the Office of International Students and Scholars (OISS) for more information. You may need to change your status to H-1B if you apply for permanent residency. Unlike the H-1B visa, the TN visa is not a “dual intent” visa. That is, where a person on an H-1B may pursue permanent residency without having their visa revoked because they now have immigrant intent, a person on a TN visa cannot pursue permanent residency without risking their TN status.

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