TN duration
TN extensions
Changes to TN employment
Travel abroad and reentry to the U.S.
Reporting new home addresses to USCIS
Nonimmigrant intent
TN duration
An initial period of up to three years of TN status can be granted by U.S. Customs and Border Protection at a U.S. port of entry or by U.S. Citizenship and Immigration Services (USCIS) through a UH-filed petition. Subsequent TN extensions of up to three years at a time can be requested thereafter via the same means. There is no regulatory limit on the number of extensions that are possible, but TN status is intended for temporary employment.
Note: Each time a TN employee leaves and reenters the U.S., they will need to overcome the presumption of immigrant intent to show that the visit to the U.S. is temporary. Therefore, if the worker remains in the U.S. in TN status for a long period, they may eventually have difficulty qualifying for TN admission.
Period of authorized stay
It is extremely important to be aware of the period of authorized stay on the employee’s Form I-94 record or admission stamp, as applicable. If the Form I-94/admission stamp expiration date occur before the employee resigns or the TN authorization expires and UH has not filed a TN extension petition with USCIS, the TN worker’s legal status will end on the Form I-94/admission stamp date. As a result, the person must leave the U.S.. on or before this date to avoid accruing unlawful presence.
Departments must notify an Immigration Specialist before an employee ends TN employment at UH.
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TN extensions
There are two ways TN authorization can be extended: (A) the employee applies for entry to the U.S. from abroad with a new TN visa (if Mexican) and/or other required documents or (B) UH files a USCIS petition while the worker remains in the U.S.
| (A) TN entry | (B) TN petition |
|---|---|
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Use this option when the employee plans to travel abroad and reenter to apply for a new TN employment period. UH does not need to file a TN petition with USCIS before the worker can apply for TN entry. The department does not need to submit a prior TN request to FSIS to proceed with this option. Canadian citizens do not need to apply for TN visas at U.S. embassies or consulates. Mexican citizens are required to obtain TN visas from U.S. embassies or consulates. Departments need to consider the waiting periods for visa interview appointments and visa issuance. Plan ahead to allow enough time for the employee and any family members to obtain the necessary visas to enter the U.S. See Step 4a: Apply for TN entry and follow the procedures to extend TN authorization by entry.
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Use this option when the employee is currently in the U.S. and cannot depart and reenter to extend TN authorization. FSIS will prepare a TN petition that must be submitted to USCIS before the TN end date. Submit this type of request to FSIS through the college/school HR specialist no later than two months prior to the requested TN start date, which must be back-to-back with the current TN expiration date. The current TN end date will be stated on the worker’s Form I-94/admission stamp or TN approval notice, as applicable. Submission of a late request may delay a TN employee’s employment continuation date or even result in the loss of legal immigration status in the U.S. Please note:
See Step 4b: File TN request and follow the procedures to extend TN authorization by USCIS petition. |
Changes to TN employment
TN work authorization is specific to the employer and covers only the particular position for which TN authorization was granted by U.S. Customs and Border Protection (TN entry) or USCIS (TN petition). This means another employer cannot hire a TN worker who was admitted with only a UH offer letter/support letter or by using UH-filed petition approval. It also means UH must report and receive authorization to make substantial changes to a TN employee’s job before the changes become effective.
Some of the most common changes for which UH must obtain prior approval include:
- Changing from full-time to part-time or vice versa;
- Appointment to a position with a new title (e.g., Junior Researcher to Assistant Researcher);
- Moving to or adding a new worksite; or
- Significant changes to duties, such as taking on teaching.
If it is unclear whether it is required to report the changes to employment, contact an Immigration Specialist to discuss the issues. However, if it is clear that the new employment terms must be reported, there are two ways changes can be made to TN authorization: (A) the employee applies for entry to the U.S. from abroad with updated documents or (B) UH files a USCIS petition while the worker remains in the U.S.
| (A) TN entry | (B) TN petition |
|---|---|
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Use this option when the employee plans to travel abroad and reenter to apply for changes to TN employment authorization. UH does not need to file a TN petition with USCIS before the worker can apply for TN entry. The department does not need to submit a prior TN request to FSIS to proceed with this option. Canadian citizens do not need to apply for TN visas at U.S. embassies or consulates. Mexican citizens are required to have valid TN visas from U.S. embassies or consulates. Departments need to consider the waiting periods for visa interview appointments and visa issuance. Plan ahead to allow enough time for the employee and any family members to obtain the necessary visas to enter the U.S. See Step 4a: Apply for TN entry procedures to amend TN authorization. If the worker is concurrently working for multiple employers, letters from each employer must be presented at the U.S. port of entry to ensure authorization for all employers is granted. |
Use this option when the employee is currently in the U.S. and cannot depart and reenter to make changes to TN authorization. FSIS will prepare a TN petition that must be submitted to USCIS well before the changes become effective. Submit this type of request to FSIS through the college/school HR specialist no later than two months prior to the requested TN start date. Submission of a late request may delay a TN employee’s employment continuation date or even result in the loss of legal immigration status in the U.S. Please note:
See Step 4b: File TN request and follow the procedures to amend TN authorization by USCIS petition. |
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Travel abroad and reentry to the U.S.
If a TN employee is planning to travel abroad, UH departments should issue a TN support letter or employment confirmation letter to facilitate reentry to the U.S. To return to the U.S., the worker must follow all TN entry procedures and send copies of the reentry documents to an Immigration Specialist. If any TD dependents travel to other countries, they need to follow the TD entry procedures.
If a Mexican employee or non-Canadian TD dependent is only planning to visit Canada or Mexico for less than 30 days, automatic visa revalidation may be an option to reenter the U.S.
Traveling abroad while a TN petition is pending with USCIS
The TN worker must be physically present in the U.S. at the time a petition is filed. After filing, it is not advisable for TN employees to travel abroad while the petition is pending. If a worker needs to travel abroad around the time TN authorization will expire or be amended, they need to follow the TN entry rather than TN petition procedures.
If international travel plans arise at the last minute and the employee cannot avoid traveling while the petition is pending with USCIS, please note the following:
| Petition type | International travel |
|---|---|
| Change of TN employer | If still employed by prior employer, the worker may reenter using that employer’s offer letter and other documents. If prior employment has ended, they must reenter with UH offer/support letter and other documents to begin UH employment — see the TN entry process for more details. |
| Concurrent TN employment | If the petition is still pending on reentry date, the worker may reenter with other employer’s offer letter and other documents; upon petition approval, UH employment should be authorized automatically. If the petition has been approved, they must reenter with approval notices and/or offer/support letters and other documents for all employers, including UH — see TN entry process for more details. |
| TN amendment | If the petition is still pending on reentry date, the worker may reenter with prior unexpired UH approval notice and/or offer/support letter and other documents. If the petition has been approved, they must reenter with amended approval notice and/or updated offer/support letter and other documents to begin amended employment — see the TN entry process for more details. |
| TN change of status | If the worker travels abroad while petition is still pending, change of status will be abandoned. If the worker reenters in prior immigration status, they must depart the UH and go through the TN entry process to begin TN employment. If petition has been approved, they must use petition approval and/or offer/support letter, and other documents to begin TN employment — see the TN entry process for more details. |
| TN extension | If the petition is still pending on reentry date, the worker may reenter with prior unexpired UH approval notice and/or unexpired offer/support letter, and other documents. If the documents have expired or if the petition has been approved, they must reenter with extension approval notice (if received) and/or updated offer/support letter and other documents to continue employment — see the TN entry process for more details. |
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Reporting new home addresses to USCIS
TN employees and their 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 USCIS‘s online change of address form. If an individual currently has an application pending at a USCIS Service Center, they need to also contact the USCIS National Customer Service Center (toll-free number: 1-800-375-5283) to report the change.
Please also email the new address to an Immigration Specialist so we can update our records.
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Nonimmigrant intent
At the time of applying for a nonimmigrant visa or entry to the U.S., TN workers must overcome the presumption of immigrant intent — that is, they must establish “nonimmigrant intent.” The person will need to demonstrate the intent to leave the U.S. at the end of TN status. The filing of an immigrant petition or permanent labor certification application on the person’s behalf may cause the denial of a TN visa or entry to the U.S. In some cases, U.S. Customs and Border Protection officers have taken into account other factors, such as the maintenance of a residence in the U.S., acceptance of a tenure-track position, and a long history of working in the U.S.
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