Office of International Services

TN Employees

TN Tigers

 

Qualified citizens of Canada and Mexico with an offer for employment in a USMCA approved occupation* may apply for TN status, which authorizes full time employment with the employer whose offer is used to secure TN status.

*TN Status may NOT be used by Medical Residents/Physicians to engage in employment that requires regular patient care, treatment or contact under a medical license. TN Physicians are limited to research and teaching ONLY.

Persons with an offer of employment in NAFTA approved occupation may obtain TN status by seeking admission at a Port of Entry as TN worker or, if already in the U.S. in another status, by asking the proposed employer to submit a Form I-129 Petition on their behalf requesting a change of status to TN status or change of employer, and receiving an approval.

Certain healthcare workers (Registered Nurses, Occupational Therapists, Physical Therapists) may need additional certification even if their training/license was received in the United States. For further details see forms and instructions below.

 

TN/TD STATUS Checklist for persons applying at a port of entry

tn/td entry visa application instructions (Non-canadian citizens only)

 

Persons applying for TN status using Form I-129

TN worker department application

TN beneficiary worksheet

Tn employee responsibilitieS


Additional TN Status Information 

It is not necessary to wait for an approval when extending existing TN employment with the same employer. The extension request must be filed and received by USCIS prior to the expiration of the current TN period of validity/admission. Following, a timely filed extension request and expiration of the current TN validity period,  a grace period of 240 days is permitted during which the TN beneficiary may continue to engage in their previously approved employment. If the 240 day grace period is exceeded without receipt of an approval or the extension petition is denied by USCIS, employment must immediately cease.

Persons granted TN status who wish to change positions/job duties with the same employer without exiting and re-entering the U.S. must have their employer file a petition with USCIS using the new position/job duties information and receive an approval of the petition prior to beginning new duties or moving to a new position.

Persons granted TN status who wish to change employers without exiting and re-entering the U.S. must have their proposed (new) employer file a petition with USCIS using the new employer/position information and receive approval prior to beginning new employment. New employment may NOT begin before the start date on the newly approved I-129 petition.

TN status is tied to employment. If employment with the sponsoring TN employer ends, the TN beneficiary is considered immediately out of status unless other steps to maintain status are/have been taken. TN beneficiaries should be extremely careful about maintaining their status when leaving a position and/or changing employers!

There is no specific limitation  set by USCIS on how long a beneficiary may remain in/renew TN status. However, the beneficiary must demonstrate the required non-immigrant intent each time they apply for admission, extension or change in employer/employment as a TN worker. This status is NOT recommended for tenure-track positions due to the non-immigrant intent requirement.

TN status holders are permitted to study, provided they continue to maintain their TN status through employment, if the study is incidental to their TN employment and does not become the primary purpose of their stay in the U.S.

Pursuant to LSU System Policy, PM-31, TN/TD status holders may be eligible to establish Louisiana residency in order to receive in-state tuition at LSUHSC-New Orleans.

In addition to the requirements of ALL non-U.S. Citizens discussed here all TN workers who are sponsored/employed by LSUHSC in TN status must comply with the following.

Failure to comply with the following will be considered violations of TN status.

Work Only as Authorized

TN workers are authorized to work only for the entity that sponsors their TN or whose job offer was used to obtain TN status. If LSUHSC New Orleans sponsors your TN, you are only permitted to perform work for LSUHSC New Orleans in the TN position reported to USCIS/CBP.

Occasionally, HSC employees may be invited to give a presentation or lecture at another institution or entity in exchange for payment. While it is permissible to do a lecture/presentation at another institution, and allow them to cover any expenses associated with the invitation, it is not permissible to accept payment of any kind from any entity other than LSUHSC New Orleans. Doing so is a violation of your TN status and will be considered unauthorized employment.

Adjunct/Gratis appointments at other institutions may also be considered unauthorized employment for TN workers sponsored by HSC.

For your benefit and to protect LSUHSC from liability for unauthorized employment, it is extremely important that you notify the Office of Office of International Services before there is ANY change in your position or duties. If your department would like to make any kind of change, notify OIS before any change occurs. Failure to do so may result in you performing work that is not permitted by your TN visa, a violation of your status and a liability for HSC.

In order to maintain your TN status, you must maintain your employment, as indicated on your TN petition/TN offer letter. If a TN worker resigns from their position or are terminated, they are considered out of status the day following their last day of work for their sponsoring employer. Any TN worker who remains in the U.S. after separation from employment is technically out of status and risks being considered an overstay (with resulting 3/10 year bars) unless appropriate filings have been submitted to USCIS.

As a TN worker sponsored by LSUHSC New Orleans you are authorized to work for LSUHSC New Orleans beginning with the start date on your I-797 Approval Notice or date of admission by CBP indicated on your I-94. You are authorized to work through the day on the end date indicated on your I-797 approval notice or I-94. Occasionally, CBP officers may include an unofficial ten day grace period, allowed for TN workers to depart the U.S., when they admit TN workers, and will indicate this on the I-94.Be very cautious about this.

For example, An TN worker is approved for TN status from 1/1/2012-12/31/2012 as indicated on the I-797 Approval Notice. The CBP officer at the port of entry marks the I-94 with an end date of 1/10/2013, ten days after the TN expiration allowing the grace period. Even though the I-94 indicates the person is admitted in TN status until 1/10/2013, the person is NOT authorized to work past 12/31/2012, the end date on their approval notice from USCIS. Working past this date, even inadvertently, is unauthorized employment.

 If you leave the United States and re-enter with a passport whose validity is less than the TN approval period granted by USCIS, the CBP officer may limit your authorized period of stay to the date your passport expires. The date put on your I-94 card by CBP automatically changes your (and your TD dependents') period of authorized stay. It is mandatory that we are advised and provided a copy of each new I-94 issued to you so we can ensure you do not work without proper authorization and work to resolve any issues as soon as possible.

 


Disclaimer: The content on these pages is designed for use by LSUHSC-New Orleans sponsored students, exchange visitors and employees. It is not intended to constitute legal advice and is not a substitute for legal counsel.