TN Packet

TN Nonimmigrant Employment Authorization: Mexican and Canadian NAFSA Professional Workers

Overview of TN Status
Application Process
On-going Responsibilities for Departments and Employees in TN Status

Overview of TN

Purpose of TN visa category:

This type of employment authorization is for temporary employment for citizens of Canada and Mexico as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional. This category is regulated by the United States Citizenship & Immigration Service (USCIS). TN status is available for professions listed on the NAFTA job list .

When to contact OIS:

The hiring department should contact OIS as soon as an offer of employment is made to a foreign national who is a citizen of Canada or Mexico needing work authorization, if not sooner. Although OIS will process each TN application as quickly as possible, our office ideally needs at least six weeks notice for any new TN applications. If the foreign national is currently outside the US , time must also be allowed for employees from Mexico to obtain a visa at the US consulate or embassy to enter the US . Citizens of Canada are visa exempt and do not need to obtain a visa to enter the U.S.

Please note: If TN petition is filed for within the U.S. processing times at the USCIS vary and change without notice; therefore, it is best to speak directly with a member of OIS to determine the current processing time applicable for each new TN application.

Is the employee’s intention to remain in the United States an issue for visa issuance?

Dual intent is NOT allowed in TN status (e.g., a person may NOT apply for permanent residency directly from TN status and continue to extend TN status until permanent residency is approved).

Employees interested in permanent residency should contact a member of OIS to schedule an appointment.

Qualifying for TN status if a citizen of Canada or Mexico:

Citizens of Canada or Mexico may work in the U.S. in TN status under the following conditions:

• TN profession is on the NAFTA list (please contact OIS to confirm this);
• TN position in the U.S. requires a NAFTA professional;
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer - self employment is not permitted;
• Professional Canadian or Mexican citizen meets the qualifications of the position at Vanderbilt

Applying for a TN Visa if Citizen of Canada :

In general, Canadian citizens do not need a visa as a NAFTA professional (TN visa holder) but a visa can be issued to qualified TN visa applicants upon request. Canadian citizens have two options for applying for a TN:

At Port of Entry:

Citizens of Canada can apply at the border (port of entry) for a TN visa. They will need to request admission under TN status with the U.S. immigration officer. They will need to bring the following when making a Port of Entry TN application:

• Employment letter from Vanderbilt;
• Proof of qualifications for position at VU such as college transcripts, licenses, certificates, diplomas, and/or records of previous employment;
• If applicable, proof of ability to meet licensing requirements;
• Proof of Canadian citizenship with either a Canadian-issued passport, or secondary evidence, such as a birth certificate. However, it is important to remember that Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry; and
• Fee of U.S. $50

Apply with USCIS in the U.S.:

• Applicants may also apply for TN status through the USCIS here in the U.S. This process takes much longer and involves OIS preparing documentation similar to that prepared for an H-1B. The petition is then sent to the USCIS and under regular processing can take 3-4 months to be adjudicated. The petition can also be adjudicated under the premium processing option. Under premium processing, the department may choose to pay an additional $1000 fee to have the TN adjudicated within 15 days.

• It is important to note that applying for a new TN in the U.S. can cost more in filing fees and it will take longer than having the employee apply at the port of entry.

Applying for TN if citizen of Mexico :

Unlike Canadian citizens, citizens of Mexico DO need a visa to enter the U.S. Mexican citizens who qualify for a TN visa may apply at consular sections around the world for a NAFTA professional (TN) visa. As part of the visa application process, an interview at the embassy or consulate is required for most visa applicants.  Applicants for a TN visa will need to schedule an appointment to attend the interview. As part of the visa interview, an ink-free, digital fingerprint scan can generally be expected. The waiting time for an interview appointment for most applicants is a few weeks or less. However, there are some consulates where the wait times can be much longer. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is now available on the following website: Visa Wait Times, and on most embassy websites.  Visit the Embassy Consular Section website where you will apply for a TN visa to find out how to schedule an interview appointment, pay the fees and any other instructions.

Applying for TN at a U.S. Embassy or Consulate abroad:

Citizens of Mexico can apply for a TN visa at a U.S. embassy or consulate abroad. In general, they will need to bring the following forms, documentation and fees to their TN visa appointment:

•  An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application."   Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156. 

•  Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also possible that a consular officer may require any nonimmigrant visa applicant to complete this form. The link to this form is: Form DS-157.

•  A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.

•  One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements. A photograph is not required if you are applying in Mexico.

•  Letter of employment from Vanderbilt stating the terms of employment and NAFTA category position is eligible under  

•  In addition, nonimmigrants must also prove that their stay is a temporary period that has a reasonable, finite end that does not equate to permanent residence. Therefore, the consular officer may ask the nonimmigrant to prove ties to their home country by providing evidence of property owned, bank account statements, family ties, business ties, etc.

Apply with USCIS in the U.S. :

•  Applicants may also apply for TN status through the USCIS here in the U.S. This process takes much longer and involves OIS preparing documentation similar to that prepared for an H-1B. The petition is then sent to the USCIS and under regular processing can take 3-4 months to be adjudicated. The petition can also be adjudicated under the premium processing option. Under premium processing, the department may choose to pay an additional $1000 fee to have the TN adjudicated within 15 days.

•  It is important to note that applying for a new TN in the U.S. can cost more in filing fees and it will take longer than having the employee apply at the port of entry.

Is direct patient care permitted?

Nurses:
TN status is available for nurses and CGFNS certification is required.

Maximum length of stay permitted in TN status:

TN status is approved in 1 year increments and there is no limit on how long an individual can extend their stay in TN status. It is important to remember though that the TN is not for permanent residency.

Salary requirements and funding source:

No specific salary amount is required for TN status approval, however salaries that appear to be too low for the type of work the TN employee will be performing for Vanderbilt may be weighed against TN approval.

Transfers of H-1B status from another US employer:

If transferring TN status to Vanderbilt from another employer, OIS must file a new TN application with the USCIS for Vanderbilt employment before the foreign national terminates employment with the current employer. Failure to maintain employment with the current employer prior to filing a new TN application at Vanderbilt may cause serious delays in employment at Vanderbilt (e.g., the foreign national may have to leave the United States and obtain a Vanderbilt-sponsored TN at the port of entry or obtain a TN visa at a consulate abroad in order to re-enter).

Transferring TN status from another employer involves careful timing and diligence in the application process; therefore, it is important that OIS be contacted as soon as possible when offering a position to a foreign national currently in TN status at another employer.

Changes in employment and transfers of TN status within Vanderbilt :

Employees in TN status at Vanderbilt should be aware that their current TN status only provides work authorization to work at Vanderbilt in the NAFTA approved job category specified on the employment letter and/or Form I-129; however, employees in approved TN status at Vanderbilt may transfer within Vanderbilt in the same specific employment. OIS should be contacted PRIOR to any change in employment to clarify the position change and determine the required forms needed from the new department.

Employees in TN status at Vanderbilt with significant employment changes (i.e. change in job duties) may need to file a new TN application with the USCIS. Significant changes may include any of the following: 1) Promotion to a new position, 2) Change of job title, 3) Significant change in job duties, 4) Change in employment classification (i.e., changing from staff to faculty), or 5) Reduction or increase in work hours. Again, OIS should be contacted by the department to determine the required documents and forms needed. The employee is NOT approved to begin the new employment until OIS confirms that an amended TN application has been sent to the USCIS.

Extension of TN status at Vanderbilt:

Employees currently in approved TN status at Vanderbilt will need to extend their TN status before their current status expires in order to maintain lawful status and to continue working at Vanderbilt without interruption. Employees needing to extend TN status in the United States are encouraged to begin the process well in advance. OIS contacts such individuals six months in advance of their current expiration date to remind them of this requirement. Although an employee with a pending extension of TN status at Vanderbilt is authorized to continue working past the current expiration date, such an employee will not be able to travel outside the US and obtain a visa for re-entry until the TN Approval Notice is received.

In addition to extending the TN within the U.S. , applicants may also apply at a port of entry using the same documentation required when they initially entered the U.S. in TN status. The process of applying at the port of entry is much quicker than applying within the U.S.

Termination of employment at Vanderbilt while in TN Status:

Employees in TN status at Vanderbilt should be aware that their ability to remain in lawful TN status in the United States is directly tied to their employment at Vanderbilt . If an employee wishes to pursue other employment opportunities outside Vanderbilt, OIS can discuss options for maintaining status through the change in employment.

Employees should be aware that there is NO status grace period following termination of employment at Vanderbilt if termination occurs prior to the current TN expiration date. A ten day grace period exists following the expiration date of the TN status to provide time to leave the US .

Employees in TN status who are informed of an upcoming termination or lay-off should contact a member of OIS immediately to obtain advice.

Dependent family members in TD Status:

Dependents of TN holders (children under 21 and spouses) are eligible for TD status. This status can be obtained either at the port of entry if the dependent is a citizen of Canada or at the U.S. Consulate or Embassy if the dependent is a citizen of Mexico or another country other than Canada. Dependent family members MUST obtain TD status if inside the United States UNLESS in another nonimmigrant category (i.e., F-1 student status, H-1B status, J-1 status). To obtain TD status, dependents must demonstrate their relationship with the TN holder through marriage certificate, birth certificate, etc.

Dependent family members in TD status are NOT authorized to work while in the United States . Dependents in TD status may NOT receive any income while in TD status. They may volunteer ONLY in traditional volunteer positions that are advertised as such. Fore example, family members may volunteer at a local non-profit agency in Nashville only if the position is advertised as a “volunteer” position. Dependent family members may NOT “volunteer” or work for no pay in positions that are normally paid positions . For example, family members in TD status may NOT “volunteer” or work for no pay at Vanderbilt performing duties that Vanderbilt employees are normally paid to do.

Dependents in TD status may study or take courses at local universities or colleges; however, if they choose to study full-time, they should consider changing to F-1 student status in order to obtain approved, on-campus work authorization. For details, please contact a member of OIS.

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If you are a foreign national seeking TN work authorization at Vanderbilt, you must have an offer of employment in order to begin the TN application process. If you are currently living in the Nashville area and are filing a NEW TN application at Vanderbilt (does not apply to extensions and amendments of status), then OIS requires that you meet with an Immigration Advisor in order to begin the TN process. If you are not living in the Nashville area, then you should contact OIS to schedule a telephone appointment with an Immigration Advisor. All TN applications for employment with Vanderbilt are filed by OIS (whether port of entry or filed with USCIS). Vanderbilt does not authorize private attorneys to file or assist with TN applications for Vanderbilt-sponsored TN status.

TN PROCESS:

OIS uses an online case-management system for TN applications and ongoing case management. All types of TN applications are processed using this online case-management system and follow the process outlined below. Please read these step-by-step instructions carefully:

1. The foreign national contacts OIS to set an appointment ( unless extending or amending current TN status at Vanderbilt).

2. The department completes the TN PACKET and submits the entire packet for processing.

PLEASE NOTE:

The Department is responsible for completing Pages 3-8 and providing the required supporting documents.

Incomplete TN packets will be returned to the department for full completion and will not be considered as received until they are fully complete.

3. OIS issues the foreign national a user name and password to access the online case-management system.

Foreign National:

4. The foreign national logs-in at www.welcomeclient.com and completes the online questionnaire. Click here for instructions for completing the FN questionnaire.

5. The foreign national will need to complete and sign pages 9-12 of the TN PACKET and submit all the required support documents as indicated in the packet. Examples of required support documents include copies of passport biographical pages, I-94 cards, degrees, transcripts, C.V./Resumes, and current status documents. Note: A foreign credential evaluation for U.S. equivalency is REQUIRED for all TN applications of foreign nationals whose degree was received outside of the U.S.

6. Dependents: If your spouse or child (residing inside the United States) is applying as a dependent family member, you must also provide the following:

• Form I-539 completed and signed by spouse (or eldest child, if spouse is not applying for dependent status). This form may be found at www.uscis.gov.
• Supporting documents as indicated in the case-management system. Examples of required support documents for dependents include copies of passport biographical pages, I-94 cards, and proof of relationship (i.e., marriage/birth certificate)

Department:

7. Prepares the following documents and submits to OIS with original signatures:

• TN Packet
• Appointment letter or job posting
• Any USCIS filing fees required for employment (see below for details)

Note: Documents that require signatures may be faxed/emailed to OIS prior to receiving the required signatures to expedite the processing of urgent TN applications, although OIS will need all original forms w/original signatures before any TN application will be filed with the USCIS.

USCIS Filing Fees (If applying for TN within the U.S. ):

8. Hiring departments are responsible for payment of all USCIS filing fees REQUIRED for employment of the foreign national. If the $1,000 Premium Processing Fee is required for employment, then the department will be required to pay this fee as well (OIS will determine if this fee is required on a case-by-case basis).

PLEASE NOTE:

Departments will no longer be required to send the USCIS checks with the filing request. Instead, OIS only needs the cost center number (1120) and we will do the USCIS check request ourselves.

Departments must submit a completed Fee Sheet as par of the TN packet, (please refer to page 7 of the TN packet).

For reference purposes, the current USCIS filing fees for the TN application is as follow:

The current USCIS filing fees for TN applications FILED IN THE US ONLY (DOES NOT APPLY TO PORT OF ENTRY APPLICATIONS ) follow:

• $320 I-129 Regular Processing Fee (required for ALL applications)
• $1,000 Premium Processing Fee, to guarantee 15-day processing time by USCIS (not required for all cases; only required for cases where TN approval is needed to maintain legal status or begin employment at Vanderbilt)

Additional Fees (not required to be paid by hiring department):

• $300 I-539 Dependent Family Member Fee (only required if dependents need TD dependent status)

THE FEES FOR APPLYING AT THE PORT OF ENTRY OR AT A U.S. CONSULATE OR EMBASSY ARE (*For applications not made by USCIS in the U.S. ):

If TN application will be made at the port of entry or at a consulate or embassy abroad, the foreign national will need to pay the following:

• U.S. $100 non-refundable visa fee for each applicant (if applying at consulate)
• U.S. $50 fee is applying at port of entry

This list does NOT include visa issuance fees levied at U.S. Consulates / Embassies for applicants outside of the U.S. Foreign nationals residing outside of the U.S. should visit the Department of State’s website at www.travel.state.gov to obtain a current list of visa issuance procedures.

Points to Remember:

The OIS internal processing time for applications varies dependent upon complications that may arise due to incomplete forms, delays in obtaining a prevailing wage determination from the Department of Labor, and OIS' current caseload. OIS will file the application with the USCIS once all internal processing is complete and all required forms and documents have been received. OIS will notify the hiring department and foreign national once the TN application has been mailed to the USCIS.

OIS will again notify the department and foreign national once it receives the USCIS Receipt Notice with the case number. This number can be used to monitor USCIS internal processing of the application via the USCIS website. In addition, both the department and the foreign national can check the current status of the case via OIS' online case-management system.

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On-going Responsibilities for Departments and Employees in TN Status

Once an employee receives approval of H-1B status, Vanderbilt and the employee must maintain compliance with H-1B federal regulations during the course of the employee’s employment at Vanderbilt. Such regulations require careful monitoring of salary, job title, job classification, and job duties. Any significant changes in ANY of these areas require OIS to be notified. Failure to maintain compliance and update our internal documentation could result in serious penalties and fines should Vanderbilt be audited by the Department of Labor or USCIS. To follow are the requirements of departments and employees in H-1B Status:

Responsibility of Departments:

• The department is required to notify OIS in advance of any employment changes related to employees in TN status. Such changes include changes in job title, classification status (i.e., staff to faculty), job duties, or reduction/increase in work hours for employees in TN status. Some changes require that OIS file an amended H-1B application with the USCIS and/or file a new Labor Condition Application with the USCIS.

• The department must also notify OIS if an employee will be transferring to a new department at Vanderbilt, even if the job title and job duties will not change significantly. OIS asks that the previous department contact OIS, who will then contact the future department to determine the new title, job duties, salary, etc.

• The department is required to notify BOTH the employee in TN status and OIS if it is determined that the employee’s job will be terminating in the near future. There is no lawful grace period for those in TN status after termination of employment. Termination carries SERIOUS implications for foreign nationals’ lawful immigration status. Advance notice will allow employees in TN status to explore other job opportunities at Vanderbilt or within the U.S. OIS provides assistance to employees exiting the university and prefers to meet with such individuals well in advance of termination.

** Please read the “Overview of TN Status” section above for more details regarding compliance in TN status.

Responsibility of Employees in TN Status:

• Employees in TN status are required to notify OIS of any significant changes to their employment. Examples of changes include, but are not limited to, the following: 1) Transfer to a new department at Vanderbilt, 2) Promotion to a new position, 3) Title change, 4) Change in job duties, 5) Reduction/Increase in work hours, or 6) Upcoming termination of employment. Significant changes to your employment may require that OIS file an amended TN application with the USCIS. In addition, OIS provides confidential immigration advising to employees exiting the university.

• Employees in TN status are required to notify OIS of a change in immigration status, such as a change to permanent residency or student status. Changes in status require OIS to notify the Department of Labor and the USCIS. In addition, an I-9 form needs to be completed with HR Express (located at 2525 West End Ave, 2nd Floor) after consultation with OIS for any change in work authorization while employed at Vanderbilt.

• Employees should also notify OIS of any travel complications while traveling abroad, such as an incorrect expiration date written on your or your family members’ I-94 card. OIS will provide timely assistance with travel complications whenever possible.

• Employees should notify OIS of any issues related to dependent family members that may need our attention. For example, OIS advises dependents on the process for obtaining work authorization if such is desired since family members in TD status ar NOT authorized to work. OIS can also provide guidance on approved volunteer activities in the community.

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Please contact OIS at ois@vanderbilt.edu or 615 343-7467 with any questions or concerns.