07/29/10

TN Status

TN status is available only to citizens of either Canada or Mexico who are offered employment by an U.S. company in one of the designated professional categories, including Accountant, Architect, Graphic Designer, Industrial and Interior Designers, Lawyer, Management Consultant, Software Engineer, Engineer, Medical/Allied Professionals, Teachers, Scientific Technical/Technologist and Computer Systems Analyst, among others.

TN status is especially attractive for U.S. employers because Canadian new hires may apply at the airport or border when entering the U.S., thereby avoiding USCIS processing delays and filing fees. Mexicans must apply for a visa at an U.S. Embassy or Consulate before entering the United States.

Although self-employment is prohibited, a Canadian company (or any other foreign company) may sponsor it's Canadian employees (even if the employee is also an owner of the company) to work on a contratual basis for an U.S. company. 

Minimum education and experience requirements vary depending upon the professional category.
TN status is theoretically extendable indefinitely. However, the TN applicant must be able to show that he or she intends to return to their home country at the end of their temporary assignment.  At some point, the TN employee should change his or her status to H-1B, especially if the employee would like to immigrate.

Spouses and children may accompany the TN worker, but cannot obtain work authorization.

On October 15, 2008, USCIS issued a final rule extending the maximum length of employment authorization for qualifying Canadians and Mexicans from one year to three years.  TN status may be extended indefinitely, provided the work assignment continues and the employee intends to return to their home country at the end of their assignment.  Previously, Canadians and Mexicans granted TN status were admitted for a maximum period of one year.  This final rule will extend that period to a maximum of three years to be consistent with other nonimmigrant worker categories, such as the H-1B.