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. You can continue extending TN status up to 3 years at a time indefinitely, but each time you leave and reenter the U.S., you will need to overcome the presumption of immigrant intent (see Terms and Concepts). Therefore, if you remain in the U.S. in TN status for a long period, you may eventually have difficulty reentering the U.S. as a nonimmigrant.
I-94 validity
It is extremely important to note the period of authorized stay written on your I-94 card by the immigration inspector at the port of entry. If your I-94 expiration date will occur before your UH employment end date or your TN approval notice end date (if any) AND if UH has not filed a TN extension with USCIS on your behalf, your TN status will end on the I-94 date. As a result, you must leave the U.S. on or before the I-94 date to avoid accruing unlawful presence.
See Terms and Concepts for information on the functions of other immigration documents.
TN extensions [top]
There are 2 options for extending TN status:
OPTION 1: Reenter the U.S. in TN status
If you will be outside the U.S. when your TN approval ends, you can reenter the U.S. with the necessary documents/items to begin a new period of TN employment.
Canadian citizens:
Apply for TN status at a U.S. port of entry. 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 license 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 have a valid 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 license 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)
OPTION 2: UH files a TN extension petition with USCIS
Alternatively, if you do not plan to leave the U.S. before your TN approval expires, UH can file a TN extension petition with USCIS while you remain in the U.S. Your UH department should prepare a TN extension request (follow "Option 2: UH files a TN extension petition with USCIS") and submit it to the appropriate Administrative/Personnel Officer (AO/PO). The AO/PO should review the request, attach any necessary documents, and forward it to FSIS. FSIS will prepare the TN petition, which will be mailed to USCIS by your department.
As long as USCIS receives the properly filed extension petition on time, you can continue working for up to 240 days from your current TN end date while the petition is pending. Your TN status will automatically continue upon approval of the TN extension petition. You will not need to leave and reenter the U.S. to continue your TN period.
Please note:
- USCIS must receive a properly filed TN extension petition no later than the business day on or before your current TN end date. If USCIS receives the TN extension petition late, you will no longer be in valid status and will begin accruing unlawful presence. FSIS should therefore receive TN requests no later than 45 days prior to your TN end date.
- Be sure to inform your department about any family members who will require TD dependent status or extensions.
- UH can submit a TN petitions to USCIS up to 120 days prior to your TN end date.
- Once the petition is sent to USCIS, adjudication through regular processing takes 3-4 months on average. Premium Processing Service is available for an additional fee – USCIS will act on the petition (i.e. approval, denial, or a request for additional evidence) within 15 calendar days of receipt.
Changes to TN employment [top]
TN status is employer and job-specific. If you accept additional employment with another U.S. employer, that employer must submit a TN petition to USCIS requesting concurrent employment; you cannot begin working for the other employer if you only have TN authorization for UH employment.
If substantial changes to your UH employment will occur, a petition requesting approval of the changes must be submitted to USCIS before the changes take place. Some examples of substantial employment changes include:
- Appointment to a new and very different position (e.g. changing from a researcher position to a non-tenure track professor position)
- Changing to a different field (profession)
- Significant changes to your duties
There are 2 options for requesting changes to TN employment:
OPTION 1: Reenter the U.S. to report changes in UH employment
If you will be
outside the U.S. before the changes in your UH employment take place, you can report the
changes at the same time you reenter the
U.S.
Canadian citizens:
Apply for TN status at a U.S. port of entry. 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 license 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 have a valid 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 license 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)
OPTION 2: UH files a change of TN employment petition with USCIS
Alternatively, if you do not plan to leave the U.S. before the changes take place, UH can file a TN petition with USCIS while you remain in the U.S. Your UH department should submit a TN change of employment request (follow "Option 2: UH files a TN change of employment petition with USCIS") to the appropriate Administrative/Personnel Officer (AO/PO). The AO/PO should review the request, attach any necessary documents, and forward it to FSIS. FSIS will prepare a TN petition requesting the changes to your employment. Your department will then mail the petition to USCIS.
As long as USCIS receives the properly filed petition on time, you can continue working while the petition is pending. Your TN status will automatically continue upon approval of the TN extension petition. You will not need to leave and reenter the U.S. to continue your TN period.
Reporting changes of home address to USCIS [top]
You and your dependents are required to report all changes of residential address to USCIS within 10 days of your move. The easiest way to report any changes is through the USCIS online change of address form. If you currently have an application pending at a USCIS Service Center, you should also contact the USCIS National Customer Service Center (toll-free number: 1-800-375-5283) to report the change.
Please also remember to notify FSIS and your UH department about your new address.
Travel abroad & reentry to the U.S. [top]
You will need the following items to reenter the U.S. TN status:
- Valid TN approval notice (if applicable)
- Multiple entry I-94 card valid for the remaining TN period (if applicable; Canadian citizens only)
- Valid TN visa in passport (Mexican citizens only) (see the U.S. Department of State Embassy and Consulate website for visa application requirements and to make an appointment for a visa interview)
- Passport valid for at least 6 months beyond the TN employment period end date (if your passport will expire before the TN end date, you may be granted a shorter period of stay, so it is best to renew your passport before you reenter)
- Employment confirmation letter from your UH department
If your TD dependents are traveling, each dependent will need the following items to reenter the U.S. in TD status:
- Valid TD approval notice (if applicable) OR valid TN approval notice (if applicable)
- Copy of TN's I-94 card from last entry (if entering separately from TN)
- Valid TD visa in passport (Mexican citizens only) (see the U.S. Department of State Embassy and Consulate website for visa application requirements and to make an appointment for a visa interview)
- Passport valid for at least 6 months beyond the TN end date (if a passport will expire before the TN end date, that person will be granted a shorter period of stay than the TN, so it is best to renew the passport before reentry)
- Copy of marriage certificate (for TD spouse)
- Copy of birth certificate (for TD child)
- Employment confirmation letter from TN's UH department (to show financial support)
Please note that visas and/or approval notices will not guarantee entry to the U.S. The immigration inspector at the port of entry has the final discretion to admit you in TN status or your family members in TD status.
Each time you reenter the U.S., please provide the following items to FSIS so we can update our files and check that you were properly admitted to the U.S.:
- Top portion of the original TN approval notice (if borrowed)
- Copy of both sides of your new I-94 card (if a new card is issued)
- Copy of new TN visa in your passport (Mexican citizens only)
- Copies of both sides of each TD dependent’s new I-94 card (if new card is issued)
- Copies of each dependent’s TD visa in passport (if applicable)
Traveling abroad while a TN extension is pending
You must be physically present in the U.S. at the time an extension of stay is filed, but you may travel abroad while the extension is pending. However, if you leave the U.S. while the extension is pending, it is very important to consider the following:
- If your prior approval notice will expire before you plan to reenter the U.S., you must either:
- Remain abroad until the extension approval notice can be mailed to you by your UH department OR
- Obtain a letter from your 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 your prior approval notice will still be valid when you plan to reenter the U.S., and if the TN extension is not yet approved, you can reenter using the prior approval notice.
Traveling abroad while a change of status to TN is pending
If UH is filing a petition on your behalf for a change of status to TN from another 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 the change of status petition is pending with USCIS, the 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.
