TN Employees

• The primary benefit is the speed and ease of the application process. The employer does not file a petition with the United States Citizenship and Immigration Services. The employee is granted the status at the port of entry with the appropriate documentation. Canadians do not need to obtain a visa at a U.S. consulate to enter, but Mexicans do.
• The TN also can be beneficial if the person is subject to the two-year home residence requirement (HRR) of the J-1 visa. Obtaining TN status does not waive or eliminate the requirement (the person would still be ineligible for H, L or permanent resident status until the HRR had been either waived or complied with), but it is possible to work in the U.S. as a TN without fulfilling with the HRR.
• Although the TN must be renewed every three years and may not be for permanent employment, there is no maximum number of years that a person may remain in the U.S. in TN status. Each application for extension of stay or readmission will be examined by the USCIS officer to determine if the employment is indeed temporary, but, in theory, a TN could remain in the US for many years whereas the H-1B is limited to a maximum of 6 years.

Consult IFSS. We will advise on a case by case basis.

There are two ways to obtain or extend TN non-immigrant status:

1. Outside the U.S. (most common)
   Obtaining or extending TN status while outside the U.S. is much less cumbersome process than filing a petition. To start this type of TN process, departments should follow Step 1 below (Step 2 is not required) and email documentation to IFSS at ifss@wisc.edu.
   • For Canadians: The employee takes the approved TN letter (drafted by the Department and reviewed and approved by IFSS), along with any other relevant documentation (offer letter, CV, degree copies, transcripts, etc.) and presents it directly at Class A ports of entry to the U.S. or at pre-flight stations in Canada. Customs and Border Protection (CBP) has the authority to grant or deny TN status, or request additional information. Once the employee is admitted into the U.S., Form I-94 should designate TN status and the length of time their TN status is valid. Please have the employee send us a copy of their I-94 for our records.
   • For Mexicans: The employee takes the approved TN letter (drafted by the Department and reviewed and approved by IFSS), along with any other relevant documentation, to a U.S. Consulate or Embassy abroad and applies for the TN visa stamp. Once the employee receives their TN visa stamp and is inside the U.S., Form I-94 should designate TN status and the length of time their TN status is valid. Please have the employee send us a copy of their I-94 for our records.
   • All potential TN holders, Canadian or Mexican, must demonstrate they:
     • Are a citizen of Mexico or Canada, (for example, a Canadian or Mexican passport). NOTE: Permanent residents of Canada or Mexico are not eligible for TN status .
     • Have a legitimate offer of employment in the U.S. (for example: an offer letter from the UW employing department or employment verification letter)
     • Possess the necessary academic or other qualifying credentials (for example: CV/resume, degree certificate, or transcripts)
     • Will fill a position that qualifies as a profession listed on the USMCA Chapter 16 Appendix 2 (for example: a position description, copy of certified LCA)
2. Inside the U.S. (less common)
   Filing a petition to obtain or extend TN status inside the U.S. is very similar to the H-1B process, will include more paperwork, and will cost the Department filing fees. To start the TN process inside the U.S., departments should complete Steps 1 and 2 (below) and email documentation to IFSS at ifss@wisc.edu.

The first step in the TN process is to determine that the position and the employee are both eligible for TN status. To determine if the position is eligible for TN sponsorship, please see the list of appropriate TN professions and their minimum qualifications in USMCA Chapter 16 Appendix 2.

As soon as you know who the TN will be for, submit the following to IFSS:

• Position Description
• UW Appointment Letter

You may also, at this time, send the TN checklist (coming soon!) of required documentation to your employee so they can start gathering the required documentation needed for Step 2.

This step is only if you are obtaining or extending TN status inside the U.S. This step is NOT required if the employee is obtaining or extending TN status outside the U.S.

You will need to gather the employee’s documents (see checklist in Step 1 or reach out to IFSS). IFSS will review the documents, prepare the Form I-129, and assemble the final TN petition for mailing to USCIS.

If the employee has dependents who need to obtain dependent status, click the DEPENDENTS section below for additional required documents and forms.

If obtaining or extending TN status outside the U.S.:

• No filing fees are required from the UW.
• Employee paid fees:
  • Mexican citizens will pay the visa application fees at the U.S. Consulate or Embassy.
  • Canadian citizens will pay a fee at Customs and Border Protection (CBP), which is approximately $50-$60.
  • Not reimbursable through the UW.

If obtaining or extending TN status inside the U.S.:

• Filing Fee – $510
  • Required for all petitions
  • Department check only
• Premium Processing Fee – $2,805 
  • Guarantees USCIS will take action on the case in 15 business days after receipt of the petition. An “action” can be an approval, a Request For Evidence (RFE), a Notice of Intent to Deny (NOID), or a denial.
  • This fee is in addition to the filing fee listed above.
  • Consult IFSS if this fee is needed.
  • Does not expedite the UW preparation of the petition.

How do I request checks?

• Follow normal procedures in your Department. Checks are requested through ShopUW+.
• Make checks payable to: US Department of Homeland Security
• Each fee must be a separate check. Do not combine all fees into one check.
• Attach this pre-signed Check Custodian Form to your check request.
• Accounting Services will notify IFSS to pick up checks.

Different grace periods apply when you are in TN status. You cannot work or “volunteer” during a grace period.

Before employment begins

• TN workers can enter the U.S. ten (10) days before the start date.

After employment ends

• Some TN workers may remain in the U.S. for up to ten (10) days after employment ends if their most recent I-94 grants additional time to stay in the U.S.
• Some TN workers who were laid off or non-renewed before their TN expiration date may get a grace period of up to 60 days to get a new job at a new employer in the U.S. Please email ifss@wisc.edu to confirm if this grace period applies to you.

Spouses and children can obtain “TD” dependent status to accompany their TN spouse or TN parent in the US. For immigration purposes, dependents are the legally married spouse and/or any children under the age of 21.

This is only needed if the employee’s dependents are inside the U.S. and need to obtain or extend TD status.

• Form I-539
• Suggested documentation to include with the I-539 application (IFSS may require additional evidence after reviewing the documentation below):
  • Dependent’s current passport bio page
  • Dependent’s most recent I-94
  • If dependent held J status in the past, copies of prior DS-2019s is required
• Filing fee
  • Paid by the employee; cannot be reimbursed by the UW
  • Personal check or money order from a U.S. bank is acceptable, made payable to U.S. Department of Homeland Security.

Dependents who are outside the U.S. do not need to file the I-539. These dependents obtain TD status by presenting the marriage certificate (for spouses) or birth certificate (for children under the age of 21), when the primary TN enters. If the dependents enter the US separately from the primary TN, please reach out to IFSS for more guidance.

IMPORTANT: IFSS cannot advise on the Form I-539 since it is the employee’s family member(s)’s personal petition. We cannot give legal advice to an employee’s family member(s). As a courtesy to the employee, we will send the Form I-539 with the supporting documentation along with the employee’s TN petition only. We will not review the I-539 for completeness or for errors. We will not submit the I-539 if we are not filing an I-129 petition for the employee. The I-539 can be filed separately from the employee’s TN petition. If your employee’s dependent(s) would like assistance on the I-539, please direct them to an immigration attorney. IFSS can provide a list of local attorneys, if requested.

IFSS must evaluate whether or not we need to amend the TN before those changes can occur. Departments should email IFSS to start this conversation.

NOTE: It’s very important to notify us at least 1-2 months prior to changes occurring to allow time in case an amendment is required.

Since TN status is specific to the employer, transferring TN status does take time and may require an application to be filed with USCIS (if you do not travel). The quickest option to transfer your TN status is to travel outside the U.S. and re-enter on a new TN status for UW–Madison (see Obtaining TN Status when outside the U.S. above).

Notify IFSS using this Departure Form. Email to IFSS. Do not upload into Terra Dotta.

Reminders:

• Before leaving the UW, remind your employee to update their Glacier account. Questions? Contact glacier@ohr.wisc.edu.
• Enter a term date for this employee’s I-9. Questions? Contact I9s@ohr.wisc.edu.

Immigration and Nationality Act (INA)

• 214(e)(2)

U.S. Department of State Foreign Affairs Manual (FAM)

• 9 FAM 402.17 USMCA PROFESSIONALS – TN AND TD VISAS