TN status is available for Canadian or Mexican citizens who are coming to the US to work in a professional level, as described in 8 CFR Section 214.6 The regulations specify various categories under Appendix 160.3.D.1 to Annex 1603. 8 CFR Section 214.6. Such positions normally require a bachelor's degree. The applicant must have an employment offer, and the status can be valid for up to three-year increments.
Filing for TN status is done at a Class A port of entry. Documentation that accompanies the request for TN status must include:
- Proof of citizenship and
- A letter from prospective employer describing in detail the duties to be performed to show that they are professional in nature. IE will draft this letter for the department.
TN status can be approved for up to three years at a time. Extensions are possible, but multiple requests for extensions could result in denial because a TN carries only "nonimmigrant" intent, as opposed to an H-1B, which carries both immigrant and nonimmigrant intent.
In order to initiate a TN petition, the Department must complete the Department Sponsorship Form and Checklist, and the foreign national must complete the Foreign National Form and Checklist below.