| 1. | Can my dependents work or attend school in the United States? |
| Foreign nationals with TD status may not be employed in the United States but they can attend school.
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| 2. | How do I extend my TN visa classification? |
| TN renewals can adjudicated at either a port of entry, in the same manner as initial TN applications, or they can be filed through the mail at the USCIS Nebraska Service Center. Service Center renewals must be filed prior to the date of expiration of current TN status in order for the employee to remain in valid status and be able to continue working for the TN employer. Employees should contact their Human Resources department no later than three months prior to expiration of the current TN status to ensure that sufficient time remains to process an extension. Once the current TN status expires, the employee cannot leave and re-enter the United States without first obtaining USCIS approval of the extension and a new I-94 card. It is ultimately the foreign national's responsibility to ensure that they remain in valid work authorized status in the United States at all times!
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| 3. | How long can I stay in TN status? |
| TN status can be obtained for up to one year and may be extended indefinitely in one-year increments, as long as the employee can continue to maintain nonimmigrant intent. Persons admitted in TN status cannot intend to reside permanently or indefinitely in the United States TN holders who can no longer establish permanent ties to Canada or who appear, by their actions (such as by purchasing a home in the United States), to be permanently residing in the United States run the risk of being denied admission in TN status when they are inspected at a port of entry.
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| 4. | I'm a Mexican Citizen. Do I need a visa to enter the United States in TN status? |
| NAFTA sets out more rigorous procedures for obtaining TN status for citizens of Mexico. Future United States employers of Mexican citizens must file for and obtain USCIS pre-approval through the USCIS Nebraska Service Center. Once USCIS has approved the TN status, the employee must obtain a TN visa at a United States Consulate in Mexico in order to enter the United States in TN status.
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| 5. | Is there a "grace period" that allows me to stay in the U.S. after my employment is terminated? |
| THERE IS NO GRACE PERIOD. Foreign nationals in TN status are authorized to be in the U.S. only for the purpose of productive employment. The day that productive employment ends, even if the employee receives a severance package, the employee must immediately leave the United States unless a new TN petition has been filed on their behalf by a new employer, or the employee has filed a request to change status to another nonimmigrant classification before his or her last day of productive employment.
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| 6. | What are some of the most commonly used TN classifications? |
| Accountant; Architect; Computer Systems Analyst; Economist; Engineer; Graphic Designer; Land Surveyor; Lawyer; Management Consultant; Mathematician; Technical Publications Writer; Scientific Technician/Technologist; Medical Laboratory Technologist; Physical Therapist; Registered Nurse. (See NAFTA Appendix 1603.D1 for the complete list of TN occupations).
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| 7. | What do my dependents qualify for? |
| Spouses of TN holders and their dependent children under the age of 21 can qualify for TD derivative status if they are otherwise admissible to the U.S.
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| 8. | What is the procedure for obtaining TN status for Canadian Citizens? |
| Canadian citizens do not need visas, so they apply for initial TN status at Class A Ports of Entry along the United States/Canadian border or at USCIS Pre-Flight Inspection posts in certain major Canadian airports. Canadians must bring a letter from the United States employer outlining the terms of the employment, proof of Canadian citizenship and proof of the academic or professional credentials that qualify them for the TN classification in which they wish to enter. They pay an application fee of U.S. $50.00, plus $6.00 for the I-94 card that serves as their proof of status in the United States.
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| 9. | What is the TN Classification? |
| The TN classification is available for the hire of qualified Canadian and Mexican citizens seeking to enter the United States to perform professional services on a temporary basis, pursuant to the North America Free Trade Agreement (NAFTA). The TN-1 classification is given to Canadian nationals; TN-2 classification is given to Mexican nationals.
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| 10. | Who qualifies for TN status? |
| TN status is only for professionals coming to perform services in certain specific occupations listed in Appendix 1603.D1 of NAFTA. There are approximately 60 professional occupations listed, and each has specific minimum academic/experience requirements. Most occupations require a baccalaureate degree and/or state/provincial license, but some require only a two-year diploma plus three years of experience in the field. There are only a couple of occupations that do not have a minimum college-level academic requirement and in which experience alone may qualify an applicant for the occupational classification. Here are some common examples: To qualify as a Computer Systems Analyst under NAFTA, you must possess: a baccalaureate or licenciatura degree; or post secondary diploma (2 year program) or post secondary certificate and three years of relevant work experience. The USCIS inspector may scrutinize the degree and experience to ensure that they are related to the classification sought. To qualify as an Engineer under NAFTA, you must possess: a baccalaureate or licenciatura degree (in engineering); or a state/provincial license. The USCIS inspector may scrutinize the degree and transcripts to ensure that it is related to the classification sought. To qualify as a Scientific Technologist under NAFTA, you must possess: (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, geology, geophysics or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research. Applicants must generally have a related two-year diploma and they must be coming to work in direct support of a degreed professional in one of the above disciplines. To qualify as a Management Consultant under NAFTA, you must possess: a baccalaureate or licenciatura degree; or equivalent professional experience as established by a statement or professional credentials attesting to five years experience as a management consultant, or five years of experience in a field of specialty related to the consulting agreement. USCIS defines a management consultant as someone who is an independent contractor, rather than a permanent full-time employee (with the possible exception of consultants to be employed by a consulting firm). USCIS requires a signed consulting agreement in most cases.
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