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The TN (Trade NAFTA) 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 activities on a temporary basis. This document will describe the requirements for TN status for Canadian Citizens. Mexican citizens wishing to avail themselves of TN status are asked to contact the ISSS, as the requirements and procedures are different than for Canadians. Direct information about the TN category may be found at I.N.A.§214(e)(2), and at 8CFR§214.6. Please note that the TN category is only available to citizens of Canada or Mexico. Landed immigrants or permanent residents of Canada or Mexico are not eligible, since the NAFTA and INA have made provision only for citizens of those two countries.

The US Department of State (DOS) has issued a list of the professional occupations and minimum qualifications which can serve as the basis for TN employment. Effective October 16, 2008, the Department of Homeland Security amended its regulations to permit Canadian and Mexican citizens to be admitted to the U.S. in TN status for a maximum of three years to participate in a qualifying activity. Extensions of stay may also be granted in increments of up to three years. There is no cumulative total limit on the time a Canadian citizen can be in TN status. Status can be renewed each year indefinitely, provided the stay remains "temporary" in nature. Candidates for tenure-track positions are asked to consult with ISSS on visas which would allow permanent employment.

Applying for TN status

Application for TN status is made at a Class A port of entry (at an airport handling international traffic, or at a pre-clearance/pre-flight station directly before/upon entering the United States; contact ISSS if you will be arriving in the US across a land border). At that time, the prospective TN visa holder must present the required documentation listed below. The TN visa holder will complete the required United States Citizenship and Immigration Services (USCIS) forms, and pay an application fee of between US $50-60. The TN visa will be adjudicated on the spot and the TN visa holder will be admitted to the United States at that time.

Required documentation

Please be prepared to present the following documentation upon arrival to the United States:

1. Proof of Canadian Citizenship

2. Detailed letter from the employer, written by the TN visa holder's supervisor or the Chair of the Department (Penn departments may consult with ISSS on the contents of this letter). The letter should:

   • affirm that the applicant's profession is one listed in the NAFTA agreement. This should be a direct statement specifically placing the employment within one of the occupations listed. For example, "Dr. Smith will be employed as a Biologist in the Department of Pathology and Laboratory Medicine. His title will be Postdoctoral Researcher."

   • describe the duties the applicant will perform in the US

   • reference the anticipated length of stay. For example, "This is a one-year position, which may be renewed based on successful performance."

   • describe the arrangements for payment for the services to be rendered. For example, "Dr. Smith will be paid on a monthly basis at an annual salary of $xx, and he will receive the standard University benefits package, including medical insurance."

   • confirm that the applicant meets the relevant license and/or educational requirements.

3. Evidence that the individual has the required credentials for the profession as stated in the NAFTA agreement (see list). This proof can be in the form of diplomas, transcripts, licenses, certificates or other documentation. USCIS has the right to request to see these documents in original form, or certified copies. Any credentials obtained outside Canada or the United States should be accompanied by a credentials evaluation and credentials in a foreign language (including Latin) must be translated into English.

4. A statement that the purpose of entry to the US is temporary. Although this may be set forth in the employer's letter, the applicant should also articulate it at the time of admission. This is usually satisfied by including the beginning and ending dates of employment in the employer's letter. For example, "This appointment is temporary, for one year, from June 1, 2005 to May 31, 2006 , renewable upon satisfactory performance."

5. Filing fee in US dollars. ($50 for arrival by air, $56 for arrival by land. These fees are subject to change.)

Dependents

Dependents of TN status holders are admitted to the US in TD (Trade Dependent) status. TD status is not limited to Canadian citizens. TD status holders may attend school, either full- or part-time. However, TD status holders are not authorized to work in the United States.

Arrival at Penn

Upon arrival at the University, TN visa holders are asked to visit ISSS for a review and copying of their immigration documents. An advisor at ISSS will verify that the documents have been processed correctly and that the individual is authorized to work at the University.