TN Employees

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.

NOTE: if obtaining or extending TN status outside the U.S., there are no filing fees. The employee should be aware that there will be other fees, however. Mexicans will be charged a visa application fee at the consulate. Canadians will be charged a fee at Customs (approximately $50-$60). Those fees are not reimbursable through the UW; they are personal fees the employee must pay.

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

• All checks must be separate and payable to: U.S. Department of Homeland Security
• To request a check through Accounting, follow the normal procedures in your Department.

All check requests must be accompanied with this pre-signed Check Custodian Form. Accounting Services will contact IFSS to pick-up the checks when they are ready.

Standard Processing Fee

• $460
• Required for all petitions
• University check only

Premium Processing Fee

This additional fee will guarantee that USCIS will be make a decision in 15 calendar days.

NOTE: this does not guarantee an approval. A decision can be an approval, a Request For Evidence (RFE), a Notice of Intent to Deny (NOID) or a denial.

To request premium processing, please provide IFSS with the following:

• Premium Processing Form
  • For business related reasons, Department Contact should sign.
  • Absent a business related reason, some employees may be able to pay for premium processing on their own (if they choose to do so). Please consult IFSS so we can check the employee’s eligibility to pay this fee. For personal requests, applicant/employee should sign.
  • We can upgrade to premium processing at any time. It is not required to be submitted with the initial petition.
  • Consult IFSS if you have questions regarding this.
• Filing fee
  • For business related reasons, Department check only.
  • For personal reasons, a personal check or money order from a U.S. bank

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