Under the 1994 North American Free Trade Agreement (“NAFTA”), qualified foreign professionals from Canada and Mexico may apply for temporary (employment-sponsored) work authorization in the TN classification.
In order to qualify, the individual must be a citizen of Canada or Mexico and must be seeking to undertake employment in one of the following professions:
•Computer Systems Analyst
•Disaster Relief Insurance Claims Adjuster
•Range Manager/Range Conservationist
•Technical Publications Writer
•Medical Laboratory Technologist (Canada) or Medical Technologist (Mexico)
•Physician (teaching or research only)
•Physiotherapist or Physical Therapist
•Agriculturist (including Agronomist)
•Geophysicist (including Oceanographer in Mexico)
•Physicist (including Oceanographer in Canada)
The initial period of stay is up to three years. Extensions of the temporary employment in three-year increments are possible. Extensions are permitted as long as the individual continues to demonstrate his/her temporary intentions to remain in the U.S.
Required TN documentation includes the following:
1. A statement from the employer which includes a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for the payment of wages;
2. Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
3. Evidence that all licensure requirements, where applicable to the activity, have been satisfied; and
4. Evidence of Canadian or Mexican citizenship.
Note: Mexican Citizens require a TN visa stamp in their passports to enter the U.S.
Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status. Dependents may be students in the U.S., but may not be employed under the TD status.
If the TN Petition is submitted at the border, a filing fee of $56 is required (this includes a $50 TN processing fee and $6 fee for the issuance of the I-94 Arrival/Departure Record Card). Family members must pay $6 each for the issuance of the I-94 Arrival/Departure Record Card.
If applying for TN status (typically an extension or change of status) in the U.S. through U.S. Citizenship & Immigration Services ("USCIS"), a filing fee of $325 applies. Premium processing is available in order to obtain adjudication of the petition within 15 calendar days by paying an additional $1,225 to USCIS. To cover the costs associated with the preparation of the TN Petition, a legal services fee of $750 will be charged.
The information contained on this web page is provided as a service to the international faculty, researchers, staff, employees and administrators of University at Buffalo, and does not constitute legal advice on any immigration, tax, or other matter. We try to provide useful information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site or any associated site. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Neither the University at Buffalo nor the Office of UB Immigration Services is responsible for any errors or omissions contained on this web page, or for the results obtained from the use of this information.
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