Office of International Student and Scholar Services

TN Status

The United States-Mexico-Canada Agreement (USMCA) (formerly known as the NAFTA-North American Free Trade Agreement) allows qualified Canadian and Mexican citizens to work for a U.S. employer on a temporary basis at a professional level. Admission can be granted in three (3) year increments. Generally, there is not a finite time for TN status as it may be renewed each year as long as the Beneficiary’s intent remains temporary. Temporary intent for TN status means the applicant intends to enter the U.S. only for a temporary professional assignment and will leave when the TN employment ends, without seeking permanent residence.

The eligibility criteria for TN are that the perspective employee must be a citizen of Canada or Mexico, the position must be one of the professions listed in the USMCA list, and the employee must be fully qualified for the position.  The position can be full-time or part-time.

The Center for International Studies and Programs at UToledo supports departments who want to sponsor a TN Employee.

The University of Toledo does not file employer sponsored petitions to USCIS for prospective TN employees; instead we provide a TN Employer Support Letter to the department and prospective employee.  The employee can use the TN Support Letter with other supporting documents to enter the U.S. in TN status.  Any College or Department that hires an employee with TN status should communicate with their employee about their responsibility to renew the application in a timely manner to avoid potential gaps in employment.

The foreign national employee is responsible for obtaining and maintaining their TN status and also for providing the University with the proper documentation for work authority.

The hiring College or Department should be aware of the employee’s expiration date and is responsible for ensuring valid work authorization and timely completion of the I-9 upon any new or extension application.

For more information on TN (TN USMCA), please refer to USCIS's information for TN USMCA Professionals.

 

Instructions for hiring an employee in TN Status

Contact Maryam Sediqe and Anne Bennett at 419-530-4229 or Maryam.Sediqe@UToledo and Anne.Bennett@UToledo.edu if you have questions about sponsoring an employee in TN status.  If the candidate and position meet the requirements for TN status, we will write a TN Employer Support Letter. 

Steps

1. Maryam will discuss the process with the department.

2. The department will provide the employee's name, email, and date of birth to initiate the process.

3. The department contact and employee will receive an email inviting them to complete the TN forms in the iRocket portal.

4. The department contact will provide the following information:

• • Contact information for 
    • Department Hiring Authority (Dean, Director, etc.)
    • TN Employee's Direct Supervisor 
    • HRTD Consultant
    • Business/Budget Manager
  • Offer letter
  • Position description
  • Salary, ft/pt, hours per week
  • If benefits are offered
  • Job Locations

5. The prospective TN employee will provide the following information:

• • Phone numbers and addresses (in and outside the U.S.)
  • Passport biographic page
  • Updated resume or CV
  • Copies of all diplomas
  • Other documents required for the position (licenses, certificates, etc.)

6. Maryam will review the forms and provide the TN Employer Support Letter to the department and prospective employee.

7. The foreign national employee in TN status can enter the U.S. in TN status up to 10 days prior to your employment start date.

Canadian Citizens: Canadian citizens are not required to apply for a TN visa at a U.S. consulate.   They can establish eligibility for TN classification when seeking  admission to the U.S. (at the port of entry or at a designated pre-clearance/pre-flight inspection station).   You must provide the following items to the U.S. Customs and Border Protection (CBP) officer during entry into the U.S.: 

• • Proof of Canadian citizenship; (a valid Canadian passport),
  • Support Letter from UT detailing your professional capacity in which you will work at UT.  (TN Employer Support Letter),
  • Employment offer letters,
  • Evidence of qualification (copies of beneficiary’s degrees and certificate/licenses if required), and
  • Applicable fees.

Mexican Citizens: Mexican citizens must obtain a TN visa at a U.S. embassy or consulate in Mexico before entering the U.S. as a TN non immigrant. Please check Department of State website in obtaining TN visa

8. After entry to the U.S., CBP will issue an I-94 arrival/departure record.  The TN employee can obtain their most recent I-94 at the CBP website.  The I-94 is a very important document which verifies the foreign national employee’s legal status in the U.S. and serves as their employment authorization document. After retrieving the I-94, the employee is encouraged to ensure that their information on the document is correct and to provide a copy to CISP for our records.  The foreign national employee in TN status can use the I-94 to complete the I-9 with the HR and/or faculty affairs office.