TN USMCA Trade Agreement
(Formerly NAFTA)

Under the United States–Mexico–Canada Agreement (USMCA, formerly NAFTA), Canadian and Mexican citizens may be admitted to the U.S. in TN status to perform prearranged professional services in one of the TN professions. Teaching staff and researchers with qualifying degrees commonly use TN. Physicians qualify only for teaching and/or research; no patient care is allowed.

The TN status is a great option for Canadian and Mexican citizens coming to UC San Diego, especially when they are activating TN status through travel, as it does not require processing by ISEO. If the scholar is currently outside the U.S., they would present a TN letter of support from the department at a port of entry and apply for admission in TN status. Canadians do not need to apply for a visa, they would simply report to a port of entry with appropriate documentation to support a TN entry.

The key challenge with TN status is that the department must determine which TN profession most closely aligns with the UC San Diego position duties. The list of TN professions is quite limited, and the final decision rests with the CBP officer at the port of entry or consular officer at visa application (if Mexican).

You can learn more about TN status on the DOS guidance for Canadian and Mexican citizens.

TN Considerations

You can learn more about TN status on the DOS guidance for Canadian and Mexican citizens.

There are two options to obtain, amend, or extend TN status. Regardless of the path, the department must issue a TN support letter outlining the purpose of the visit, duration, and terms of employment or activity. Departments must also ensure they are following all applicable UC San Diego hiring practices, including ensuring the scholar has a UC San Diego appointment.

1. Travel & Admission at Port of Entry (no ISEO involvement necessary) – used for initial, amendment, or extension TN requests for a Scholar currently outside the U.S. or who will be traveling.
   • Processing Time:
     • Canadian citizens: Do not need to apply for a visa. They may apply for admission directly at a port of entry once they have obtained a TN support letter from UC San Diego. Timing depends on how soon they have a valid UC San Diego appointment, receive their TN support letter, gather documentation demonstrating they are qualified for the role, and are otherwise prepared to travel.
     • Mexican citizens: Using the TN letter of support from UC San Diego, they must apply for a TN visa at a U.S. consulate before seeking admission at a port of entry. The timeline will depend on visa appointment wait times. After obtaining the visa, the scholar can apply for admission in TN status at a port of entry. To prepare for their visa appointment and entry into the U.S. they should have a valid UC San Diego appointment, receive their TN support letter, gather documentation demonstrating they are qualified for the role, and are otherwise prepared to travel.
   • Fee Considerations: There are no ISEO recharge or USCIS filing fees for TN applications made through travel. The following costs are typically the responsibility of the scholar:
     • Canadian Citizens: At port of entry there is a TN Application fee of $50.
     • Mexican Citizens: Visa application fee.
     • All TN Scholars: Travel-related expenses.
   • Department responsibilities:
     • Follow all applicable UC San Diego hiring practices, including ensuring the scholar has a UC San Diego appointment.
     • Issue a TN support letter outlining the purpose of the visit, duration, terms of employment and corresponding TN profession.
     • Complete I-9 employment verification requirements after the scholar enters or re-enters the United States.

2. USCIS Petition Form I‑129 for TN status (ISEO must file the request) - used for initial, amendment, extension filed inside the U.S. for someone that will not be traveling.
   • Processing Time:
     • Scholar must have a valid PPM 200-16 approved appointment title (refer to the H-1B column for guidance).
     • Departments should submit the TN request via iServices at least three months before the requested start date to allow sufficient time for ISEO review and processing. Because USCIS processing times can vary, departments are strongly encouraged to file initial TN requests with Premium Processing. For extensions, as long as the request is received by USCIS before the current end date, the scholar may continue working for up to 240 days while the petition remains pending.
   • Fee Considerations: The following fees can be paid by either the department or the scholar. However, for Postdoctoral Scholar appointments the fees must be paid by the department and cannot be paid or reimbursed by the scholar.
     • ISEO recharge $1,125 (paid by department recharge) or $1,248.66 (paid by scholar credit card)
     • USCIS I‑129 filing fee $510
     • USCIS Premium Processing $2,965.
   • Department Responsibilities:
     • Follow all applicable UC San Diego hiring practices, including ensuring the scholar has a UC San Diego appointment
     • Determine who is responsible for ISEO and USCIS fees
     • Submit TN request in iServices completing appropriate eforms
     • Coordinate with ISEO for the submission of the TN request to USCIS, ISEO may have questions or require additional evidence to prepare the TN request
     • Once the TN is approved by USCIS, complete I-9 employment verification requirements

One of the most important parts of the TN process is determining which TN profession most closely aligns with the UC San Diego position. Unlike H-1B status, TN eligibility is limited to a specific list of professions outlined in the USMCA agreement.

The department must be able to clearly explain how the UC San Diego position duties and minimum requirements correspond to a qualifying  TN profession. The TN profession selected should reflect the work being performed, not just the UC San Diego job title.

Important Considerations

• The list of TN professions is relatively limited and does not cover all academic or research positions.
• Most TN professions have strict degree requirements and may not allow experience in place of a degree.
• The scholar’s degree field of study should closely relate to both the selected TN profession and the UC San Diego position duties.
• Determination regarding TN eligibility is made by:
  • A Consular Officer at a visa interview (Mexican Nationals), or
  • A CBP officer at the port of entry, or
  • A USCIS officer if filing Form I-129 inside the U.S.

Common TN Professions Used at UC San Diego

• University Teacher (except tenure-track positions)- The University Teacher TN profession is often appropriate for appointments involving classroom teaching or instruction. The department TN support letter should clearly explain the teaching responsibilities and how they align with the University Teacher profession.
  • Because TN status requires the individual to maintain nonimmigrant intent, the University Teacher profession should not be used for tenure-track positions or positions with an expectation of permanent employment. In those situations, departments should consider whether H-1B status may be more appropriate.
• Scientist professions - Most research appointments at UC San Diego align with a scientist TN professions such as Biologist, Chemist, or Pharmacologist, depending on the scholar’s field and job duties.
  • Scientist Professions: TN professions such as Biologist, Chemist, or Physicist are often appropriate for PhD-level research positions when the scholar’s academic background and job duties closely align with the selected scientific profession.
  • Research Assistant Profession: May be appropriate for certain postdoctoral scholars or laboratory-based positions that do not clearly fit within another TN Scientist professions. Departments should ensure the duties align closely with research support and scientific activities.

Departments are encouraged to prepare detailed TN support letters that clearly explain the temporary position, TN profession, job duties, salary, qualifications required for the role, and how the beneficiary meets those requirements. U.S. Customs and Border Protection (CBP) officers increasingly request detailed duty descriptions, including percentage effort allocations and specialized techniques or methodologies used in the position. Please refrain from referencing “students,” including Visiting Graduate Student appointments, as federal officials may incorrectly determine that the individual should be entering the U.S. in a student immigration status.

The TN profession listed in the letter should closely align with the actual duties of the appointment and one of the professions listed under the USMCA TN occupation list. 

TN Support Letter Requirements

The TN support letter should be printed on official department letterhead and include the following information:

• TN profession listed under the USMCA TN occupation list that closely aligns with the actual position and job duties being offered at UC San Diego
• Purpose of entry to the United States
• Detailed description of the position, including job duties and responsibilities
• Specialized techniques, methodologies, tools, research, teaching, or professional activities involved in the role
• Requested employment dates and anticipated length of stay in the United States, specific duration (up to three years).
• Salary and payment arrangements
• Beneficiary’s educational background, credentials, licenses, certifications, or other qualifications demonstrating they meet the requirements for the TN profession
• Explanation of how the beneficiary’s qualifications directly relate to the offered position
• The Letter of Support must include an authorized departmental signature. Acceptable formats are:
  • Wet signature and scanned copy, or
  • Electronic signature (inserted image of signature)

SAMPLE LETTER

[Department Letterhead]

This option requires UC San Diego’s International Services and Engagement Office (ISEO) to sponsor the request and file it with USCIS on the department’s behalf.

• The appointment title selected for the Scholar must be TN-sponsorable under UC San Diego policy (see H-1B column in PPM 200-16).
• Costs: Processing a TN through UC San Diego involves the following fees, which must be paid by either the department or the scholar:
  • $1,125 ISEO service recharge (paid by department) or $1,248.66 (paid by scholar via credit card)
  • $510 USCIS filing fee
  • $2,965 USCIS Premium Processing fee (optional)
• ISEO Processing Time: we recommend submitting 3 months in advance of requested TN start date. Requests that need a start date sooner than 3 months into the future, should contact ISEO so that we can work together to discuss whether the requested start date is possible.
• iServices: TN requests obtained, extended, or amended through USCIS require a Form I-129 petition, including supplemental forms prepared and filed by ISEO. Supporting documentation and required information are collected through iServices and submitted by ISEO to USCIS.

This is the most common method used to obtain, extend, amend TN status. A scholar may obtain TN status by traveling outside the U.S. and applying for admission in TN status upon re-entry. While ISEO does not need to be involved for TN status obtained through travel we are available to give general guidance. Travel always carries some level of risk, particularly during periods of increased immigration scrutiny, administrative processing, or site visits. Scholars with concerns about travel or admissibility should consult an immigration attorney for individualized guidance.

• Costs: There are no ISEO recharge or USCIS filing fees for TN applications made through travel. The following costs are typically the responsibility of the scholar:
  • Canadian Citizens: At port of entry there is a TN Application fee of $50.
  • Mexican Citizens: Visa application fee.
  • All TN Scholars: Travel-related expenses.

• Processing Time: the amount of time the scholar will need to remain outside the U.S. depends on the time outside the U.S. depends on how long it takes them to obtain a TN visa (Mexican Nationals) and re-enter the U.S.
• Required Documents for Entry/Re-entry: The scholar should carry the following documents when applying for admission in TN status:
  • UC San Diego TN support letter issued by the department
  • Valid TN visa (Mexican citizens only)
  • Valid passport showing Canadian or Mexican citizenship
  • Original diploma or transcript for the highest academic degree earned
    • If the degree is not from a U.S., Canadian, or Mexican institution, a credential evaluation is required.
    • ISEO typically recommends obtaining a credential evaluation, if the degree was obtained outside the U.S.
    • If the diploma does not list the field of study, transcripts should also be provided
  • Copy of the scholar’s resume/CV, including professional memberships
  • Copy of professional license, if license is required for the position
  • Certain healthcare professionals will also need to present the Visa Screen at the port of entry.
  • Full list of required documents: U.S. Department of State – TN Documentation
• I-94 Process
  • Land Border Entry (car or walking): The scholar must apply for an I-94 online within 7 days before entering the U.S. using the CBP I-94 website (fee applies, approximately $30).
  • Air or Sea Entry: No advance I-94 application is required; the airline or sea carrier manifest process will generate the I-94 automatically.

The scholar should visit CBPs I-94 website to retrieve their I-94 showing their TN status. They will click on “Get Most Recent I‑94” and enter their passport information, and then be able to retrieve their I-94 indicating their TN status with correct end date.

We highly encourage all scholars to register with ISEO, even scholars who obtained their TN status by applying for admission to U.S. at port of entry without ISEO processing. Registering with ISEO, allows ISEO to send programming, immigration, and other helpful information. 

TN obtained without ISEO assistance:

• Other Status Registration Form

Departments are responsible for ensuring the scholar completes the I-9 Employment Eligibility Verification process to begin their employment at UC San Diego. TN scholars may present different immigration documents depending on how TN status was obtained.

• TN status obtained through travel: Scholars will commonly present a passport and an I-94 record showing admission in TN status.
• TN status obtained through USCIS (Form I-129): Scholars will commonly present a USCIS TN Approval Notice (Form I-797) showing the employer name and containing an I-94 record at the bottom, along with their passport.

Important Reminders

• TN employment authorization is employer-specific. The TN documentation should correspond to the UC San Diego position.
• Departments should not permit employment beyond the scholar’s authorized TN validity period unless a timely extension has been filed and employment authorization continues under the 240-day extension provision.
• If there are questions regarding acceptable I-9 documentation or employment authorization, departments should contact the appropriate campus I-9 or HR representative.

Spouses and unmarried children under the age of 21 of a TN scholar may be eligible for TD dependent status. TD status may be obtained either:

• Through travel and admission at a port of entry, or
• Through a change or extension of status filed with USCIS.

Important Information About TD Status

• TD dependents are not authorized to work in the United States.
• TD dependents may generally study full-time or part-time while in the U.S.
• TD status is dependent on the TN scholar maintaining valid TN status. If the TN scholar’s status ends, changes, or falls out of status, the dependent’s TD status will also be affected.

10-Day Grace Periods
TN scholars may generally be admitted to the U.S. up to 10 days before the TN start date to prepare for the beginning of their employment.

Some scholars may also be granted up to 10 days after the TN end date to prepare for departure from the U.S. This additional period is discretionary and is determined by CBP or USCIS at the time of admission or adjudication; it cannot be specifically requested or guaranteed. If granted, the additional time will be reflected on the scholar’s most recent I-94 record or TN approval notice (I-94 section). 

• Important reminders regarding the 10-day grace periods:
  
  • Employment is authorized only during the approved TN validity period. The 10-day grace period after TN validity does not extend employment authorization.
  • The additional 10 days before or after TN validity are intended to allow time to prepare for arrival or departure.

60-Day Discretionary Grace Period
If employment ends before the TN expiration date, the scholar may be eligible for a discretionary grace period of up to 60 days or until the I-94 expiration date, whichever is shorter. During this period, the scholar may generally:

• Prepare to depart the United States
• Seek a change of immigration status
• Have a new employer file a petition on their behalf

• The 60-day grace period cannot extend beyond the TN status end date.
• Employment is not authorized during the grace period unless another employment-authorized status is obtained.
• TN status does not include portability benefits. A new employer cannot begin employment upon filing alone; the scholar must wait for approval or travel and re-enter in TN status for the new employer.
• Departing the U.S. during the 60-day grace period ends the remaining grace period.
• The 60-day grace period is granted at the discretion of U.S. Citizenship and Immigration Services (USCIS), meaning that officers reviewing future immigration benefit application/request will determine whether its use was appropriate. For this reason, we encourage scholars to maintain documentation confirming their last day of TN employment, as well as documentation explaining the reason the grace period was needed—such as a termination letter, layoff notice, or resignation email—in case USCIS later questions its use.

• USMCA Appendix 2 — Professions List (PDF)
• U.S. Department of State — TN (USMCA) Guidance
• I‑94 (arrival/departure record)

• The scholar is a Canadian or Mexican citizen
• The position clearly aligns with a qualifying TN profession
• The scholar needs a relatively quick immigration option, particularly through travel and re-entry. For Canadian citizens especially, TN obtained through travel can often be faster and less expensive than H-1B.
• The position is temporary in nature
• The scholar does not currently intend to pursue permanent residency, as TN status requires nonimmigrant intent

• The scholar is a Canadian or Mexican citizen
• The position clearly aligns with a qualifying TN profession
• The scholar needs a relatively quick immigration option, particularly through travel and re-entry.
• The position is considered regular employment rather than an exchange visitor activity
• The scholar is not eligible for J-1 status

• The position does not clearly align with a qualifying TN profession
• The role is tenure-track or suggests permanent employment
• The scholar may have difficulty demonstrating nonimmigrant intent
• The position involves physician patient care duties that are not primarily tied to teaching and/or research

• The scholar must hold a title approved under PPM 200-16 in order for ISEO to file a TN petition with USCIS. If the title is not a PPM 200-16 approved, the scholar may instead need to obtain updated TN status through travel and re-entry.
• Departments may also contact ISEO to request an exception to policy. Exception requests generally require documentation showing a recruitment was conducted, no other minimally qualified applicants were identified, that the duties are specialized or complex that recruitment efforts were unsuccessful in identifying an appropriate candidate

• No, the TN status is employer-specific.
• If the scholar is currently working for another employer, their existing TN status likely does not authorize employment with UC San Diego unless UC San Diego was previously included at the time of admission through a TN support letter presented at the port of entry or through a USCIS-filed TN petition (Form I-129).
• Before beginning employment at UC San Diego, the scholar must take action to report the new employment through either travel and re-entry with a UC San Diego TN support letter, or a TN petition filed with USCIS by ISEO.

Email nallely@ucsd.edu for general guidance on TN Status at UC San Diego.