The TN Visa for Canadian and Mexican Citizens

The North American Free Trade Agreement (NAFTA), which took effect on January 1, 1994, established a TN non-immigrant visa category for Canadian and Mexican citizens. The TN status enables Mexican or Canadian citizens to be admitted to the U.S. to engage in "business activities at a professional level" in certain fields, for one or more specific employers. If there will be more than one employer, each employer will have to apply for a separate TN visa. TN status may be granted for as long as the employment offer specifies, up to one year, and this status may be extended indefinitely in one-year increments. However, after several years the Government could question the individual's non-immigrant intent and deny an extension of TN status. The HIO staff will help you determine whether the TN visa is appropriate for your employee.

The TN visa category is similar to the H-1B except that it is also available to non-academic professionals at Harvard, e.g. computer programmers, technicians, and research assistants. The HIO should NOT receive Preliminary Data Sheets for individuals with non-academic appointments because the HIO does not keep records on TN visa holders without academic appointments.

TN Eligibility Requirements for Mexicans and Canadians. An application for TN status must:

• Satisfactorily demonstrate to immigration authorities that the applicant will engage in employment which is on the list of qualifying professions
• Satisfactorily demonstrate to the USCIS that the position requires the individual to have at least a baccalaureate degree or appropriate credentials demonstrating status as a professional
• Satisfactorily demonstrate to the USCIS that the applicant possesses the requisite educational background and experience for that profession.
• Mexican citizens must have a TN entry visa stamp to enter the US in TN status. Canadian citizens do not need a TN entry visa stamp

Qualifying Professions for Canadians and Mexicans:

The University supports TN visa sponsorship for research scholar and faculty positions. Of the many qualifying professions listed in the trade agreement, the following are most often used by the University for faculty and research positions:

• "Research assistant"* working in a post-secondary educational institution with a Baccalaureate or Degree"
• "Teacher at a university with a Baccalaureate or Degree"

*NOTE: "research assistant" in this case refers to the general profession of research, it has no correlation to the Harvard University appointment title.