This link covers procedures for processing TN status at the Border, and contains additional links to pages covering mail-in procedures.
Acquiring TN Status at the Border or Port of Entry
What To Watch Out For
TN Applications
By Mail (Extensions, etc.)
Acquiring
TN Status At The Border Or Port Of Entry
Canadian workers who want to enter the US in TN status may present themselves
at the US-Canada border or other Port Of Entry (POE), such as one of
the international airports in Canada where "Pre-Flight Inspection" (PFI)
is conducted. The port must be a Class A facility, which excludes the very
small stations along the border. Technically, this includes the large US
airports at which a Canadian could arrive from someplace other than Canada.
A prospective TN worker who arrives at Newark airport (as an example) from
Europe, however, can expect to find USCIS inspectors who are relatively unfamiliar
with TN regulations and procedures. The expertise with TN issues lies at
the US/Canada border crossing stations and at Pre-Flight Inspection counters
in Canadian international airports.
What the TN Worker Needs to Present At The POE
- Evidence of Canadian citizenship
- A letter offering employment under the terms of the TN program. The department is responsible for compiling this letter. Click here for a template to assist in the preparation of this letter.
- Educational credentials and licenses necessary to practice the profession(see the Schedule for this information). The employee is responsible for providing these items. If they are not in English, they must be translated. If the degree in question was not earned in North America, an equivalency might be in order. USCIS could want to see this as proof that the degree in question is equivalent to the degree that is stipulated on the Schedule.
- Curriculum Vitae; the applicant/employee must provide this.
- Copies of all immigration documents issued by USCIS at the border or through the mail. These have to be provided by the applicant/employee.
- [OPTIONAL] Letters supporting experience in the field, if available (some occupations require experience; otherwise, these may be helpful to establish that the applicant is an established practitioner of the discipline. Such letters should not address immigration issues in any way.) If these are not already in the applicant/employee's possession, they should not be solicited.
- [OPTIONAL] Representative examples of articles by the applicant, or other relevant evidence of the applicant's experience in the occupational field in question. The applicant/employee is responsible for providing these, if desired.
Problems Of Nonimmigrant Intent
Problems of Nonimmigrant Intent
Admission to the US as a TN temporary worker can be pretty straightforward if you've prepared your materials properly and you are responsive to the Inspector's questions. It isn't a no-brainer, however: at the border or PFI counter it's very simple for an Inspector to turn an applicant away. It's a different matter when someone has flown from halfway around the world, landed at a US airport, and there's a question about the individual's eligibility for admission. While it happens every day that USCIS sends such prospective entrants back where they came from, it is a relatively messy business compared to telling a hopeful TN to simply turn around and walk in the other direction. As such, you need to prepare yourself, if anything, even more fully than the folks who fly in and are inspected on US soil.
The two most common reasons for turning away a TN applicant are the failure to establish nonimmigrant intent, and perceived ineligibility under the Treaty's Schedule of Occupations.
Remember that the TN is not a dual-intent classification, and that you have to be able to establish, to the satisfaction of the USCIS Inspector, that you will return home at some point in the future. Property ownership, a job to which you will return, an offer of employment specified to begin at a future date are all examples of ways in which to prove that you'll return home. There are probably others, as well.
The Inspector may not bring up the issue of intent at all if the employment letter makes it sufficiently clear that the position is temporary or that you will fill it on a temporary basis.
Occasionally
a prospective TN who is married to a US citizen and resides with the spouse
and perhaps other family members in one of the other NAFTA countries wishes
to work in the US under the terms of the Treaty. Inspectors are trained to
recognize marriage to a US citizen as "prima facie" evidence that an applicant
for entry who is married to a US citizen plans to remain in the US. Some Inspectors
regard this as incontrovertible, and cannot be convinced that a US citizen
might choose to live indefinitely outside the United States. To the extent
that this can be overcome, the same kind of documentation is presented by
the spouse as by the principal: If the spouse has a job to which s/he will
return, or if there is jointly owned property, this evidence should be at
hand to show the Inspector. (back to "what to watch out
for")
The Schedule of Occupations that are available to Canadian and Mexican workers under the NAFTA is relatively limited, and titles from the Schedule more often than not don't correspond neatly to "real life" job titles. Materials such as the letter that the employer prepares should make it clear that you're going to be employed in one of the occupational areas that appears on the Schedule.
The letter itself
should be fairly brief; to be avoided at any cost is a letter that suggests
long-term employment or subsequent immigration benefits to be sought, such
as a green card. Lengthy offer letters with much discussion of benefits and
other perks are also to be shunned. (back to "what to
watch out for")
While the employers of prospective Mexican employees under NAFTA must file a petition in advance of the worker's admission for entry, the submission of a petition on behalf of prospective Canadian TN workers is not provided for. Thus, there is no way to secure an approval of TN status in advance of approaching the border or Port of Entry. Some Pre-Flight Inspection facilities do allow and even encourage applicants to bring or send materials supporting a TN admission to the attention of the Free Trade Examiner ahead of time (probably a few days, at most). Whether the post or PFI Facility you plan to use invites this kind of advance submission is something you'll probably have to discover by phoning the facility. Directory information can usually find the number if you ask for "US Immigration."
While TN documentation does not need to be as elaborate as that compiled for other submissions to INS, it should be comprehensive of the factors related to the occupation and requirements of the Agreement. These includes entrant's qualifications (in terms of education as well as licensure, if the latter is a factor) and experience. Experience is required in some occupations, but it is always useful to document an applicant's experience even if it's not formally required. Inclusion of the CV is highly recommended.
If they can be added conveniently, inclusion of examples of articles or other evidence of the applicant's accomplishments may be considered. Do not try to "bulk up" the application unnecessarily.
Package the various
materials neatly, securing them at the top with a binder clip and using tabs
and a table of contents, if possible. (back to "what
to watch out for")
Admission
TN workers admitted to the US receive an I-94 card marked "multiple entry."
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What About Dependents?
Dependents, defined as the spouse and children of the principal TN, are given
TD status. TD dependents are not required to be Canadian (or Mexican) citizens.
If they cross the border or are admitted at an airport inspection facility
with the TN principal, they are given multiple-entry I-94 cards marked TD.
If dependents choose to follow to join the TN at a later time, they will have to show evidence that the principal on whose status they depend was admitted as a TN. A copy of the materials presented to the USCIS by the TN at the time of application, a copy of the I-94 card issued to the TN and evidence of the qualifying relationship (marriage/birth certificates showing parents' names) should be sufficient (it's not a bad idea to bring proof of relationship even if the principal is present). TD dependents will be given I-94 cards marked "multiple entry," and can travel back and forth across the border during that time on presentation of the card.
If the principal
applicant chooses to file a change to TN status with the USCIS or extend
through the Lincoln Service Center, the dependents must file a complementary
application. These instructions are included in the links under "Applications By Mail."
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Extensions
While the initial acquisition of TN status for Canadian applicants usually
takes place at the border, TN applicants may have occasion to request other
benefits from the USCIS after admission to the US. The most "popular" such post-admission
application is for an extension of stay with the same employer that facilitated
the initial admission. It's also possible to change
to file a request to change to TN status within the US.
Officially, the USCIS accepts extension requests for TN workers at its Service Center in Lincoln, Nebraska. These requests are filed on a petition submitted by the employer with a fee. The USCIS processes the petition and (assuming approval is granted) issues a decision and I-94 card with the extended dates. Dependents apply simultaneously, on a separate form and with an additional fee.
Many Canadian TN workers find the formality of the official extension process at odds with the ease of the initial entry, and elect to venture back up to the border to make a new entry rather than extend through Lincoln. The success of such a plan is very much at the discretion of the USCIS inspector, who may or may not be willing to cooperate. Technically speaking, an extension is supposed to be filed with Lincoln, and inspectors who want to play it by the book will insist upon that procedure.
(Remember that all dependents have to go along if the principal decides to try to extend in person! The idea of extending the principal's stay at the border and then trying to extend the stay of the dependents by mail is a non-starter.)
Other Applications
As with the H-1 and O-1 employment-based classifications, it's possible to
hold more than one TN authorization, working for two employers (presumably
on a part-time basis, although the regulations don't address this). Adding
this second (third? fourth?) employer can be done either at the border or
by way of a petition, filed as a "concurrent" application with Lincoln.
If an employee's job changes significantly, an amendment can be filed with the USCIS to approve the new responsibilities. At Stanford, most promotions (say, from postdoc to research associate) don’t require an amendment. Moving to a faculty position would warrant an amendment, but TN is not an ideal classification for tenure-bound faculty.
