STEP 1: Acceptance of a UH job offer
STEP 2: Determination of TN eligibility
STEP 3: TN entry or TN petition
STEP 4: USCIS processing (applies to TN petitions only)
STEP 1: Acceptance of a UH job offer [top]
Prospective employees can only enter the U.S. in TN status with a job offer from a U.S. employer. Likewise, if a prospective UH employee is already in the U.S. and needs TN petition approval for a change of status, change of employer, or concurrent employment, UH can only file a TN petition on his/her behalf if he/she has accepted a job offer from a UH department (i.e. an employment relationship exists between the UH department and the foreign national).
Once a UH department enters into an employment agreement with a foreign national, the department must determine whether he/she is eligible to work in the U.S. If he/she does not already have employment authorization that will allow him/her to work at UH, he/she will need the proper authorization before employment can begin.
Tenure-track positions: TN classification is not an option for tenure-track positions. For tenure-track positions, UH units must request H-1B or O-1 classification.
NOTE: UH does not classify stipend recipients (e.g. post-doctoral fellows) as employees. This means UH cannot seek TN classification for foreign nationals coming to UH as stipend recipients. Instead, the J-1 Exchange Visitor classification may be the most appropriate immigration status for such appointments.
STEP 2: Determination of TN eligibility [top]
Minimum TN eligibility requirements:
- The foreign national must be a citizen of Canada or Mexico
- The foreign national must have a job offer from a U.S. employer
- The profession must be on the NAFTA professions list
- The foreign national must possess the required education and skills for the profession
- The position must require an individual in that professional capacity
STEP 3: TN entry or TN petition [top]
After your UH department has determined that TN classification is proper, you should follow one of the 2 procedures below:
OPTION 1: Enter the U.S. in TN status
Canadian citizens:
You do not need to obtain a visa from a U.S. embassy or consulate. Instead, you should apply for TN status at a U.S. port of entry. No prior approved application is necessary. At the port of entry, show the following items and pay a US$50 fee:
- Proof of Canadian citizenship (e.g. passport, birth certificate, etc.)
- Letter from your UH department that includes:
- UH job description
- Anticipated length of employment (may not exceed 3 years)
- Qualifications needed for the job
- Terms of employment (salary, hours, etc.)
- Evidence of any applicable licensure requirements for the position.
- Evidence of professional qualifications (diplomas, transcripts, etc.). If degree was received from an educational institution outside Canada, Mexico, or the U.S., the degree must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials.
Mexican citizens:
You must obtain a TN visa from a U.S. embassy or consulate before you can apply for TN status at a U.S. port of entry. You should submit the following with your visa application to the U.S. consulate:
- Proof of Mexican citizenship (e.g. passport, birth certificate, etc.)
- Letter from your UH department that includes:
- UH job description
- Anticipated length of employment (may not exceed 3 years)
- Qualifications needed for the job
- Terms of employment (salary, hours, etc.)
- Evidence of any applicable licensure requirements for the position.
- Evidence of professional qualifications (diplomas, transcripts, etc.). If degree was received from an educational institution outside Canada, Mexico, or the U.S., the degree must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials.
- Applicable visa fees.
After you obtain the TN visa, you can apply for entry in TN status at a U.S. port of entry. In addition to the visa, you should present the items listed above at the port of entry.
Canadians & Mexicans
After you arrive in the U.S., please send the following items to FSIS so we can update our records and check that you were admitted properly at the port of entry:
- Copy of UH department’s support letter used for entry
- Copy of passport biodata/expiration page
- Copy of both sides of the I-94 card (entry date stamp & notations must be clear)
- Copy of TN visa in passport (if applicable)
- Completed Contact Information Form
OPTION 2: UH files a TN petition with USCIS
UH must USCIS approval of a TN petition filed on your behalf before you can begin UH employment in the following situations:
- You are currently in the U.S. in another nonimmigrant status (e.g. F-1, J-1), you need to change to TN status, and you will not depart and reenter the U.S. before UH TN employment will begin.
- You currently hold TN employment with another U.S. employer, you will be changing employers to UH, and you will not depart and reenter the U.S. before UH TN employment will begin.
- You currently hold TN employment with another U.S. employer, you will be concurrently employed by UH, and you will not depart and reenter the U.S. before UH TN employment will begin.
Starting October 1, 2012, UH may file a TN petition with USCIS on behalf of Canadian citizens who are outside the U.S. and will seek TN admission. TN entry (see Option #1, above) is still available to individuals who would prefer to apply for TN entry without TN petition approval.
FIRST, if a TN petition is required, your UH department will prepare a TN request. Your department will ask you to provide information and documentation for this request.
Please inform your UH department if either of the following situations apply to you:
- You are currently in F-1 status with a graduation date or F-1 status/OPT end date that will occur more than 60 days prior to your intended TN start date
- You are currently in J-1 status with a program end date that will occur more than 30 days prior to your intended TN start date
SECOND, your UH department will forward the TN request to the college/school/unit’s Administrative/ Personnel Officer (AO/PO), who will review the request and forward it to FSIS.
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.
STEP 4: USCIS processing [top]
This information applies only to TN petitions filed with USCIS. Ignore this section if you obtained/will obtain TN status by entering at a U.S. port of entry.
USCIS receipt
USCIS will mail a receipt notice to FSIS if the TN petition is properly and timely filed.
Petitions for change of status to TN: If UH is filing a petition for a change of status to TN from another nonimmigrant status (e.g. F-1, J-1), you should not leave the U.S. until the petition is approved by USCIS. If you leave the U.S. while a change of status petition is pending with USCIS, your change of status will be considered abandoned. If you know you will need to travel abroad while your petition is pending, be sure to notify your UH department and FSIS BEFORE the petition is sent to USCIS.
Petitions for change of TN employer or concurrent TN employment: You may begin UH employment from the requested start date once FSIS receives the USCIS receipt notice. Receipt notices are often delayed. Therefore, to ensure the receipt notice arrives in time to begin UH employment, USCIS should receive the TN petition at least 3 weeks prior to the requested start date.
USCIS processing time
- Regular Processing: Normally takes 2-3 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
When the petition is approved, USCIS will send a TN approval notice (Form I-797A Notice of Action) to FSIS. The original bottom portion of the approval notice belongs to you and should be kept in your passport. FSIS will keep the original top portion of the notice, which is the employer’s copy. FSIS will notify the AO/PO/contact when the approval notice has arrived.
TN status will automatically begin/continue upon the TN approval notice start date. You do not need to leave the U.S. and reenter to begin your TN period.
If you cannot begin employment at UH for any reason, you must notify your UH department immediately.
