TN Visa Process for Administrators
The United States-Mexico-Canada Agreement (USMCA), formerly the North American Free Trade Agreement (NAFTA), established a TN nonimmigrant visa category for Canadian and Mexican citizens. The TN visa status enables Mexican or Canadian citizens to be admitted to the United States to engage in "business activities at a professional level" in certain fields, for one or more specific employers. If the individual will be working with more than one employer, each employer must apply for a separate TN status.
The HIO staff will help departments determine whether the TN visa is appropriate for a potential employee or academic appointee.
The below information is intended for department administrators working on visa sponsorship with the HIO. For more information about maintaing status on the TN visa for scholars, see here.
TN Eligibility Requirements for Mexicans and Canadians
An application for TN status must:
- Be a Canadian or Mexican citizen
- Be coming to the U.S. to engage in specified professional activities under provisions of the Trade USMCA treaty that require at least a baccalaureate (bachelor's) degree or appropriate credentials demonstrating status as a professional. Salaried teaching or research positions generally qualify. For other types of positions, contact the HIO for guidance on eligibility.
- Satisfactorily demonstrate that the position requires the individual to have at least a baccalaureate degree or appropriate credentials demonstrating status as a professional.
- Satisfactorily demonstrate that the applicant possesses the requisite educational background and experience for that profession.
A department looking to sponsor the TN visa must provide the individual with a letter that confirms the above details. For more detailed information, including more details on the employment letter, please contact the HIO.
Duration of TN Visa Status
TN status may be granted for as long as the employment offer specifies, up to three years, and this status may be extended indefinitely in three-year increments.
TN Processing by the HIO
The HIO processes all temporary nonimmigrant sponsorship on behalf of the University for international scholars coming to accept academic appointments at Harvard; use of outside counsel is not permitted.
Academic Positions
The HIO must receive an ISD record from hiring departments planning to use TN status for academic appointments at the University. Faculty members, research fellows, and other postdoctoral researchers may obtain TN visa status with the advice and assistance of the HIO. Typically, the TN professions of Research Assistant or University Teacher are used for these appointees.
Non-Academic Positions
Mexican and Canadian citizens with non-academic appointments may be able to use the TN visa and immigration sponsorship category to work at Harvard. These positions include Research Assistant, Technician, and Computer Systems Analyst. For a complete list of professions that qualify for TN status, please see here.
The HIO does not require an ISD record for individuals with non-academic appointments. However, department administrators may contact their HIO advisor regarding any non-academic appointment TN positions. The HIO is able to review TN support letters and/or application materials on behalf of non-academic appointees.
Applying for TN Visa Status
There are two ways an individual may acquire TN visa status:
Canadian Citizens | Mexican Citizens |
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Apply for entry in TN status directly at a U.S. border | Apply for a TN visa stamp at a U.S. Embassy or Consulate |
Through a petition to USCIS filed by HIO for those inside the U.S. unable to travel | Through a petition to USCIS filed by HIO for those inside the U.S. unable to travel |
Canadian Citizens
Option 1: Applying for admission in TN status at a U.S. border
Applicants for a TN visa at U.S. port of entry must provide the following documentation:
- Valid Canadian passport;
- Signed department letter (contact the HIO for details);
- Academic qualifications (Customs and Border Protection (CBP) may require seeing the originals);
- $50 admission fee
Option 2: Filing a petition through a USCIS Service Center
This option involves the preparation and filing of a TN petition through USCIS. The HIO will send the department instructions and a checklist for the materials needed to file the application. These instructions will include details about the required TN filing fees. The department must request checks to pay the required governmental processing fees from Harvard’s Accounts Payable office at least one month before the TN will be filed. The Harvard-sponsoring department is required to pay all filing fees for the TN petition with USCIS. Note that the scholar cannot pay the filing fees per the Office of General Counsel.
Details about filing fee totals are included in the TN Instructions emailed to the department administrator. Questions about required TN filing fees should be directed to the HIO.
Because this option is more document-intensive and requires USCIS filing fees, it is rarely used. If traveling to Canada to apply for TN status at the border is not an option, please contact the HIO to discuss how best to proceed.
Mexican Citizens
Option 1: Applying at a U.S. consular post
Unlike Canadian citizens, Mexicans are not able to apply for admission directly at a U.S. port of entry.
Applicants for a TN visa at U.S. consular post must provide the following documentation:
- Valid Mexican passport;
- Signed department letter;
- Academic qualifications (originals may be required);
- Form DS-160, appropriate fee, and photos;
- Any other visa application form or supporting documentation requested by the U.S. Embassy or Consulate.
Option 2: Filing a petition through a USCIS Service Center
This option involves the preparation and filing of a TN petition through USCIS. The HIO will send the department instructions and a checklist for the materials needed to file the application. These instructions will include details about the required TN filing fees. The department must request checks to pay the required governmental processing fees from Harvard’s Accounts Payable office at least one month before the TN will be filed. The Harvard-sponsoring department is required to pay all filing fees for the TN petition with USCIS. Note that the scholar cannot pay the filing fees per the Office of General Counsel.
Details about filing fee totals are included in the TN Instructions emailed to the department administrator. Questions about required TN filing fees should be directed to the HIO.
Because this option is more document-intensive and requires USCIS filing fees, it is rarely used. If traveling to apply for a visa stamp is not an option, please contact the HIO to discuss how best to proceed.
TN vs. J-1 Visa: Differences to Consider
The following is a general comparison between TN and J-1 research scholar/professor visa status for Harvard University academic appointments. Please consult your HIO advisor for assistance with the appropriate visa processing procedures for prospective appointees.
TN | J-1 RESEARCH SCHOLAR/PROFESSOR |
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Unlimited income from specific Harvard position. | Unlimited income from specific Harvard position. |
No other income or employment permitted without USCIS or CBP authorization. | Off-campus work possible, but limited to academic field for occasional lectures or consultation; requires advance permission from HIO. |
Tax status: resident alien (includes Social Security Tax). | Tax status: nonresident alien for 2 calendar years (does not pay Social Security Tax); also, may be eligible for exemption through tax treaty. |
Maximum stay in U.S.: 3 years and renewable in three-year increments. | Maximum stay in U.S.: 5 years. |
Spouse may not work in TD visa status. | Spouse may apply to USCIS for J-2 work permission. |
If previously subject to 2-year home country residence requirement, obtaining TN status does not remove this requirement. | May be subject to 2-year home country residence requirement if funded by U.S. or home government. |
See list of required documents for entry to U.S. | Requires Form DS-2019 from J-1 program sponsor with details of academic objectives and details of financial support. |
TD Dependents
Spouses and unmarried children under the age of 21 of TN visa holders are eligible for TD status for the same period of admission as the TN visa holder. Proof of family relationship will be necessary. TD visa holders are not permitted to work in the U.S. If a TD dependent qualifies for specialty occupation in his or her own right, a change of status to either TN or H-1B is necessary before they can begin employment. TD dependents may study in the U.S., full-time or part-time, for the duration of the TN’s period of stay. If the TN visa holder and dependents travel outside of the U.S. separately, proof of the TN visa holder’s status (such as a copy of the I-94 record printout) may also be required.