TN duration
TN extensions
Changes to TN employment
Reporting changes of home address to USCIS
Travel abroad & reentry to the U.S.
TN duration [top]
There are no specific limits on TN status. TN status can be extended up to 3 years at a time indefinitely, but each time a TN status holder leaves and reenters the U.S., he/she will need to overcome the presumption of immigrant intent (see Terms and Concepts) to show that his/her stay in the U.S. is temporary. Therefore, if he/she remains in the U.S. in TN status for a long period, he/she may eventually have difficulty reentering the U.S. as a nonimmigrant.
Period of authorized stay
It
is extremely important to be aware of the period of authorized stay on
the employee's I-94 record or admission stamp. If the I-94/admission
stamp
expiration date will occur before his/her UH employment resignation date
or TN approval notice end date AND if UH has not filed a TN
extension with USCIS on his/her behalf, his/her TN status will end on
the I-94/admission stamp date.
As a result, the employee will be required to leave the U.S. on or
before this date to avoid
accruing unlawful presence.
See Terms and Concepts for information on the functions of the other immigration documents.
TN extensions [top]
There are 2 options for extending TN status:
OPTION 1: Employee reenters the U.S. in TN status
If the employee is outside the U.S. when his/her TN approval ends, he/she can reenter the U.S. to begin a new period of TN employment. In order to begin a new TN period, the employee will need several documents including a letter of support from the UH department that is updated with another offer of employment that does not exceed 3 years.
The employee should review the section on extending TN status by reentering the U.S. for more details on these procedures.
OPTION 2: UH files a TN extension petition with USCIS
If the employee does not plan to depart the U.S. before his/her TN period will end, UH can file a TN extension petition with USCIS to extend the employee's TN status while he/she remains in the U.S.
The department must submit a TN extension request to FSIS through the college/school/unit's Administrative/Personnel Officer (AO/PO) no later than 45 days prior to the TN end date. USCIS must receive the TN extension petition by the business day on or before the current TN end date. If USCIS receives the extension
petition late, the employee will no longer be in valid status and will begin
accruing unlawful presence.
FIRST, the UH department should prepare the TN extension request by completing/gathering the following documents:
- TN Request Form
- TN Information Form
- Supporting documents (see checklist on TN Request Form)
TD dependents
Be sure to ask the employee whether he/she has any family members who will require TD dependent status or extensions.
Petition duration & timing of filing
UH can request up to 3-year periods on TN petitions. Departments may choose to request shorter durations per petition due to funding or contract periods. Generally, there is no limit on the number of extensions that are possible, but TN status is intended for temporary employment.
UH can submit TN petitions to USCIS up to 120 days prior to the current TN end date.
SECOND, the department should forward the TN request to the AO/PO. The AO/PO should review the request, attach any necessary documents, and send the complete request to FSIS, Attn: Signe, PSB 102-106.
THIRD, FSIS will prepare the TN petition and return it to the AO/PO with instructions on payment of fee(s) and mailing to USCIS.
USCIS receipt
If
a TN extension is properly filed with USCIS before the current TN
end date, the employee may continue employment while the extension is pending
for up to 240 days after the TN end date. The department may use a
copy of the USCIS receipt notice to show employment eligibility during
the 240-day period. The employee may not reenter the U.S. from abroad
during this 240-day period. If the extension is denied during the
240-day period, he/she must stop working immediately and should leave the
U.S. if he/she has no legal basis to remain in the U.S.
Issuance of USCIS receipt notices is often delayed. Departments should try to mail the petition at least 3 weeks prior to the current TN end date to ensure the extension receipt notice arrives in time.
USCIS processing time
- Regular Processing: Normally takes 2-4 months on average.
- Premium Processing Service: USCIS will act on the petition (i.e. approval, denial, or a request for more evidence) within 15 calendar days of receipt. This service is available for an additional fee.
See the USCIS Case Status Service website to check the status of pending petitions and to see average processing times.
USCIS approval
TN
status will automatically continue upon approval of the TN extension
petition. The employee do not need to leave and reenter the U.S. to
continue the TN period.
Changes to TN employment [top]
TN
approval is specific to the employer that filed the petition and covers
only the particular position for which the petition was filed.
New TN employer
If a TN employee accepts additional employment from another U.S. employer while he/she is employed by UH, the other employer must be authorized to employ him/her concurrently. Likewise, if he/she is leaving UH to work for another U.S. employer, that employer must be permitted to hire him/her. In both cases, the person cannot begin working for the other employer if he/she only has TN authorization for UH employment and if the other employer has not yet been authorized to employ him/her.
Changes to current UH employment
If substantial changes to the UH position will occur, authorization for the changes must be granted before they take place. The department should notify FSIS immediately about impending
substantial changes in the terms and conditions of employment. Some
examples of substantial employment changes include:
- Changing from full-time to part-time or vice versa (e.g. 50% FTE to 100% FTE)
- Appointment to a position with a new title (e.g. Junior Researcher to Assistant Researcher)
- Moving to or adding a new work site
- Significant changes to duties
There are 2 options for requesting changes to TN employment:
OPTION 1: Reenter the U.S. to report changes in UH employment
The employee can can depart and reenter the U.S. to obtain authorization for any changes to employment, including concurrent employment, change of employer, or changes to the current UH position. He/She should review Option 1: Reenter the U.S. to report changes in employment for more information on these procedures.
OPTION 2: UH files a change of TN employment petition with USCIS
If the employee accepts concurrent employment or will transfer to another employer, that employer may file a TN petition on his/her behalf to obtain the necessary authorization. The employee should consult with the other employer to follow this option.
If
changes to the current UH position will take place, UH may file a
petition on the person's behalf to report the changes to employment while he/she
remains in the U.S. The department should submit a TN amendment request to FSIS through the college/school/unit's Administrative/Personnel Officer (AO/PO) no later than 45 days prior to the current TN end date. Changes to UH employment cannot take place until USCIS approves the amendment petition.
FIRST, the UH department should prepare a TN request by completing/gathering the following documents:
- TN Request Form
- TN Information Form
- Supporting documents (see checklist on TN Request Form)
TD dependents
Be sure to ask the employee whether he/she has any family members who will require TD dependent status or extensions.
Petition duration & timing of filing
UH can request up to 3 year periods on TN petitions. Departments may choose to request shorter durations per petition due to funding or contract periods. UH can submit TN petitions to USCIS up to 120 days prior to the intended effective date of the changes.
SECOND, the department should forward the TN request to the AO/PO. The
AO/PO should review the request, attach any necessary documents, and
send the complete request to FSIS, Attn: Signe, PSB 102-106.
THIRD, FSIS will prepare the TN petition and return it to the AO/PO with instructions on payment of fee(s) and mailing to USCIS.
USCIS receipt
USCIS
will issue a TN receipt if the petition is properly filed. Changes to
UH employment may not take place until the petition is approved.
USCIS processing time
- Regular Processing: Normally takes 2-4 months on average.
- Premium Processing: USCIS will act on the petition (i.e. approval, denial, or a request for more evidence) within 15 calendar days of receipt. This service is available for an additional fee.
See the USCIS Case Status Service website to check the status of pending petitions and to see average processing times.
USCIS approval
TN
status will automatically continue upon approval of the TN petition. The employee does not need to leave and reenter the U.S. to continue the TN
period.
Reporting changes of home address to USCIS [top]
TN employees and TD dependents are required to report all changes of residential address to USCIS within 10 days of moving. The easiest way to report any changes is through the USCIS online change of address form. If he/she has an application pending at a USCIS Service Center, he/she should also contact the USCIS National Customer Service Center (toll-free number: 1-800-375-5283) to report the change.
Employees should also remember to notify FSIS about any changes of address.
Travel abroad & reentry to the U.S. [top]
If aTN employee is planning to travel abroad, UH departments should issue him/her an employment confirmation letter to facilitate visa application (if needed) and reentry to the U.S. The employee should review the travel abroad and reentry procedures for more information.
Each time a TN employee reenters the U.S., UH departments should provide the following items to FSIS so we can update our files and check that he/she was properly admitted to the U.S.:
- Copy of both sides of the new I-94 card or I-94 printout from CBP's I-94 website
- Copy of admission stamp with notations in passport
- Copy of TN visa in passport (if obtained)
- Copy of passport biodata/expiration page (if new)
- Copies of #1-4 above for each TD dependent (if applicable)
Traveling abroad while a TN extension is pending
A TN employee must be physically present in the U.S. at the time an extension of stay is filed, but he/she may travel abroad while the extension is pending. However, if he/she leaves the U.S. while the extension is pending, it is very important to consider the following:
- If the prior approval notice will expire before he/she plans to reenter the U.S., he/she must either:
- Remain abroad until the extension approval notice can be mailed to him/her by the UH department OR
- Obtain a letter from the UH department stating a new period of TN employment to be used to reenter the U.S. for a new period of TN status.
- If the prior approval notice will still be valid when he/she plans to reenter the U.S., and if the TN extension is not yet approved, he/she can reenter using the prior approval notice.
Traveling abroad while a change of status to TN is pending
If UH is filing a petition for a change of status to TN from another status (e.g. F-1, J-1), the employee should not leave the U.S. until the petition is approved by USCIS. If he/she leaves the U.S. while the change of status petition is pending with USCIS, the change of status will be considered abandoned. If an employee knows he/she will need to travel abroad while the petition is pending, the UH department must notify FSIS BEFORE the petition is sent to USCIS.
