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• Trade Nafta Status (TN)

TN Visa for Mexican Citizens

The TN status enables Mexican citizens to be admitted to the United States to engage in "business activities at a professional level" in certain fields, for one or more specific employers. TN status may be granted for as long as the employment offer specifies, up to three years, and this status may be extended indefinitely in three-year increments. To be eligible for TN status, the individual must satisfactorily demonstrate that:

• s/he will engage in employment which is one of qualifying professions described in the NAFTA trade agreement,
• the position requires the individual to have at least a baccalaureate degree or appropriate credentials demonstrating status as a professional, and
• s/he possesses the requisite educational background and experience for that profession.

Application Process

Mexican citizens seeking admission to the United States in TN status must apply for a TN visa at a U.S. embassy or consulate outside the United States. The application must include the following:

	A valid Mexican passport
	Letter (usually about one page in length) on departmental letterhead stationery, addressed To Whom It May Concern, dated and signed by the appointing faculty member and covering the following points: the profession of the applicant as it appears in the trade agreement: academic appointments at Yale would qualify for the NAFTA titles of either “research assistant” or “teacher” a job description listing the professional activities the applicant’s educational qualifications, demonstrating the professional level status needed for the position the anticipated length of employment (not to exceed three years, although “with possible extension” may be indicated) the salary paid by the department for the time period requested
	Appropriate diploma or degree certificate
	Form DS-156, appropriate fee and photos
	Any other visa application form requested by the U.S. embassy or consulate

Approval

U.S. Embassy or Consulate issues TN visas to those who qualify for the TN status. Immigration officers at the port of entry issue Form I-94 (arrival/departure record) with the notation “TN” and the date of expiration (not to exceed three years), along with the name of the employer and the notation “multiple entries.” 

Dependents

Spouses and unmarried children under 21 of a TN visa holder are eligible for TD status for the same period of admission as the TN visa holder.  Proof of the family relationships may be necessary.  TD visa holders are not permitted to work in the United States.  If a TD dependent qualifies for specialty occupation in his or her own right, a change of status to either TN or H-1B is necessary before employment can begin.  TD dependents may study in the United States, full-time or part-time, for the duration of the TN’s period of stay.  If the TN visa holder and dependents travel outside of the United States separately, proof of the TN visa holder’s status (such as a copy of the Form I-94) may also be required. 

Income Tax Regulations

Tax regulations for TN visa holders are different than regulations for those in F-1 or J-1 status.  TN visa holders must contact their payroll offices for clarification on withholding requirements.

Travel Outside the United States

An individual in TN status may leave the United States and be readmitted for the remainder of the period authorized on the Form 1-94 if the original intended professional activities and employer(s) have not changed.  It is not required that the letter, supporting documentation or a new fee be presented in this case.  If the individual no longer has the Form I-94 but the period of initial admission has not lapsed, alternate evidence may be presented such as the visa in the passport, or a previously issued admission stamp as TN in a passport, and a confirming letter from the U.S. employer(s).

Extension of TN Status Through Travel to Mexico

TN status is renewable in three year increments.  The fastest method of renewal is by travel outside the United States and apply for a visa in a U.S. embassy or consulate. If the applicant plans to travel back to Mexico close to the time of the expiration of TN status, s/he should apply for a new TN visa in a U.S. embassy or consulate in Mexico (please see “Application Process” instructions).

TN Visa for Canadian Citizens

The TN status enables Canadian citizens (not landed immigrants) to be admitted to the United States to engage in “business activities at a professional level” in certain fields, for one or more specific employers. TN status may be granted for as long as the employment offer specifies, up to three years, and this status may be extended indefinitely in three-year increments. To be eligible for TN status, the individual must satisfactorily demonstrate:

• s/he will engage in employment which is one of qualifying professions described in the NAFTA trade agreement,
• the position requires the individual to have at least a baccalaureate degree or appropriate credentials demonstrating status as a professional, and
s/he possesses the requisite educational background and experience for that profession.

Application Process

A Canadian citizen seeking admission to the United States in TN status must apply in person to a U.S. immigration officer at a major port of entry, at a U.S. airport handling international traffic, or at a U.S. pre-flight inspection station.  If traveling by air, the required documentation must be presented well in advance of actual departure time to allow for processing time.  TN status is not processed at every U.S.-Canada border crossing; individuals should call the inspection station at the planned port of entry ahead of time to verify that TN applications are accepted.  The TN application must include the following:

	A valid Canadian passport
	Letter (usually about one page in length) on departmental letterhead stationery, addressed To Whom It May Concern, dated and signed by the appointing faculty member and covering the following points: the profession of the applicant as it appears in the trade agreement: academic appointments at Yale would qualify for the NAFTA titles of either “research assistant” or “teacher” a job description listing the professional activities the applicant’s educational qualifications, demonstrating the professional level status needed for the position the anticipated length of employment (not to exceed three years, although “with possible extension” may be indicated) the salary paid by the department for the time period requested if required by state or local law, that the Canadian citizen complies with all applicable laws and/or licensing requirements for the activity in which he or she will be engaged.
	Appropriate diploma or degree certificate
	Processing Fee of $50.00 (U.S.)

Approval

When obtaining the TN status at the U.S. port of entry, the individual will be issued the Form I-94 (arrival/departure record) with the notation “TN” and the date of expiration, along with the name of the employer and the notation “multiple entries.”  A receipt will be issued for the fee, and this should be retained along with the Form I-94 for any future trips outside the United States.

Dependents

Spouses and unmarried children under 21 of a TN visa holder are eligible for TD status for the same period of admission as the TN visa holder.  Proof of the family relationships may be necessary.  TD visa holders are not permitted to work in the United States.  If a TD dependent qualifies for specialty occupation in his or her own right, a change of status to either TN or H-1B is necessary before employment can begin.  TD dependents may study in the United States, full-time or part-time, for the duration of the TN’s period of stay.  If the TN visa holder and dependents travel outside of the United States separately, proof of the TN visa holder’s status (such as a copy of the Form I-94) may also be required.  Each dependent must present proof of Canadian citizenship, or, if not a citizen of Canada, a valid passport with a TD visa from a U.S. Embassy or Consulate.

Income Tax Regulations

Tax regulations for TN visa holders are different from regulations for those in F-1 or J-1 status.  TN visa holders must contact their payroll offices for clarification on withholding requirements.

Note: Former J-1 visa holders who are subject to but have not fulfilled the two-year home country residence requirement are not eligible to change to TN status inside the United States.  However, it is possible to re-enter the United States from Canada in TN status following the instructions on page one.  Obtaining TN status does not remove the two-year home country residence requirement.

Travel Outside the United States

An individual in TN status may leave the United States and be readmitted for the remainder of the period authorized on the Form 1-94 if the original intended professional activities and employer(s) have not changed.  It is not required that the letter, supporting documentation or a new fee be presented in this case.  If the individual no longer has the Form I-94 but the period of initial admission has not lapsed, alternate evidence may be presented such as the original fee receipt for admission as TN or a previously issued admission stamp as TN in a passport, and a confirming letter from the U.S. employer(s).

Extension of TN Status Through Travel to Canada

TN status is renewable in three year increments.  The fastest method of renewal is by travel and re-entry to the United States. If the individual plans to travel back to Canada close to the time of the expiration of TN status, s/he should apply for extension upon re-entry to the United States using the following documents:

• a valid Canadian passport
• Form I-94 with the TN notation
• a new letter from the Yale department
• appropriate diploma
• a processing fee of $50

Additional documentation is not required by regulation.  However, it could be helpful to present the same documentation required for initial entry to the United States.  Dependents may also request an extension of TD status at the same time.