What is TN Visa / TN Status?
TN (Trade NAFTA) status is a special non-immigrant status in the United States unique to citizens of Canada and Mexico in certain professions.
What employer needs to do?
In general term, there is no sponsorship needed for TN Visa. Therefore, there is no specific qualification requirement for employer. All employer needs to do is to issue two letters:
1 Employment offer letter, addresses to TN Visa / TN Status applicant. The applicant may be asked to show this letter by US customs and border patrol officer as an evidence of the employment.
2 TN letter, addresses to US Department of Homeland Security.
What are the critical points to write employment offer letter and TN letter?
1. Not all professions are qualified for TN Visa. For instance, in IT field, Computer Systems Analyst is the only exclusive computer TN profession. Therefore, whatever the employer designates the position title at their wish internally, in both employment offer letter and TN letter the title must be Computer Systems Analyst.
2. The length of TV Visa can not be over 3 years, renewable. This would not be a problem for contract position. However, for permanent position, in both letters the length of employment should not be stated as infinite. It would be better to state the period of employment as 3 years, renewable. Try to avoid the word “permanent” in both letters.
3. The basic academic qualification for TN Status is bachelor degree. It needs to be clearly stated in both letters.
4. Both letter needs to be written properly with company’s letterhead. Send both letters electronically to applicant in either PDF or Word format, or both.
5. Whatever the contract relationship is, TN Status must be employment relationship and cannot be self-employment. Therefore, the words “self-employment” is strictly forbidden in both letters.
Government’s Websites for TN Status
U.S. State Department information, Canadian and Mexican NAFTA professional workers
U.S. State Department update on NAFTA procedures, January 2004
U.S. Department of State Foreign Affairs Manual on TN
Sample TN Letter
In general, the TN letter contains three sections:
Description of the company;
Description of the applicant;
Description of the job offered and duties, including compensation.
-------------------------------------------------
Sample TN Letter 1
Dear US Customs and Border Patrol Officer,
This letter is written in support of the TN application of Susie Q. Dr. Q has been hired by the Department of XXXX, Carnegie Mellon University, to serve in the temporary position of xxxx for the period of xx/xx/2005 to xx/xx/2006. This position type is listed in the list of Trade NAFTA “professional occupations” as outlined in the initial NAFTA Agreement and available on the US Department of State website.
Dr. Q will be paid an annual salary of $xx,xxx per year in addition to staff benefits including health, retirement, and others. This is a full-time position defined by our institution/department as xx.x hours per week.
Carnegie Mellon University is a highly competitive institution of higher education located in Pittsburgh, PA. Our department, XXXXX, particularly concentrates on such-n-such area of expertise and we are leaders in the field of ….
Dr. Q is an outstanding fit with this position. She more than meets the minimum requirements. Specifically, she has a Ph.D. degree in XXXX. The TN minimum academic requirement for this position is xxxxx. There is no licensure required in this field. Her combined education and experience including xxxxxx, make her highly qualified to fill this temporary position at Carnegie Mellon. From our understanding, she meets the criteria of the TN status as outlined in the NAFTA Agreement.
Thank you for your thorough consideration of the TN application of this qualified individual. If you have any questions about the position or Dr. Q’s excellent qualifications for this position and the TN status, please contact me directly.
Sincerely, Department Head, Contact Info
Updated
-------------------------------------------------
Sample TN Letter 2
We recommend using the following template to request TN visa status for Canadian or Mexican citizens employed by the University of Michigan.
Date
U.S. Dept. of Homeland Security
Customs and Border Patrol (for Canadians)
U.S. Dept. of State
Consular Section, Visa Services (for Mexicans)
U.S. Dept. of Homeland Security
Citizenship and Immigration Services
Nebraska Service Center
850 “S” Street
Lincoln, NE 68508 (for extensions and change of status within the U.S.)
To Whom It May Concern:
This is to request TN status for Dr./Ms./Mr. ___________________, who has been invited to[teach/conduct research, etc.] in the Department of _______________________ at the University of Michigan.
Dr./Ms./Mr. ______________________’s professional affiliation with the University will extend from ______________ (mm/dd/yyyy) to _____________ (mm/dd/yyyy).
He/she will be employed as a (NAFTA job title) with an annual salary of $_____________.
At the University of Michigan, Dr./Ms./Mr. __________________ will [description of work to be performed, including specific job duties].
Thank you for your consideration of this application.
Sincerely,
(University Representative)
-------------------------------------------------
Sample TN Letter 3
Letterhead for ABC Company
123 Anystreet, Anytown, Anystate
Phone 555-555-1234, Fax 555-555-5678
November 27, 2000
To the US Immigration and Naturalization Services
Dear Sir or Madam:
Re: TN Petition for BOB SMITH
We are writing to request that BOB SMITH be granted TN status for the position of SYSTEMS ANALYST.
We would like to employ Mr. BOB SMITH as a SYSTEMS ANALYST, reporting to JOHN DOE, Director of Information Services. This NAFTA qualifying position is described in the DOT category "030.167-014 SYSTEMS ANALYST (profess. & kin.)".
In this position, Bob Smith will be required to perform the following duties:
Analyze end-user requirements, document and develop solutions using computer technology
Write detailed requirements which will then be developed into specific technical requirements using computer technology prepare time and cost estimates, and monitor projects using standard project management tools.
Study existing computer hardware and software, and provide input on improvement of such hardware and software work with our existing IT staff in providing assistance in software development, creating of test plans, installation plans, and other project direction.
This position requires an individual with a related degree. Based on Bob Smith’s education and experience, he is ideally suited for this position. We believe Mr. Smith qualifies for TN status, as outlined in section 214(e) of the North American Free Trade Agreement. We believe Mr. Smith meets the requirements to be admitted as a SYSTEMS ANALYST with the duties which are outlined and described by the Department of Labor's Dictionary of Occupational Titles (DOT). He is a professional as outlined in the regulations 8 CFR 214.6.
We require his services temporarily for a one year period, starting 12/15/2000 and ending no later than 12/14/2001 contingent upon INS approval of this petition. Once this temporary employment has completed we fully expect Bob Smith to return to Canada. Mr. Smith’s employment will comply with all applicable local, state, and federal laws. He will earn an annual salary of $60,000 plus standard company benefits as outlined in his employee handbook. There are currently no labor disputes, nor are any anticipated at ABC Company. Mr. Smith has provided us evidence that he is a Canadian citizen and will provide you original documents showing proof of citizenship and proof of suitable education for this position.
ABC Company is publicly traded company (NYSE: ABC) based in Minneapolis and was established in 1973. We are one of the 10 largest manufacturing facilities in Minnesota, with offices world-wide, employing over 4,000 employees in the USA, and 2,000 additionally in our international offices. ABC Company manufactures widgets, with annual world-wide sales of $300 million dollars.
Should any further information be required, I can be reached at 612-555-1234 (during regular business hours), or at 612-555-6789 (after regular business hours).
Very truly yours,
(sign)
JANE DOE,
Director of Human Resources.
-------------------------------------------------
Sample TN Letter 4
[Date]
For TN status granted at US port-of-entry:
U.S. Department of Homeland Security
United States Customs and Border Protection
-Or-
For TN status submitted by mail:
U.S. Department of Homeland Security
United States Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
Subject: TN Status on behalf of [scholar's name]
To Whom It May Concern:
On behalf of the University of California, San Francisco, this letter is to request TN status for [scholar's name], from [begin date] to [end date]. [scholar's name] will be appointed as [academic title] in the Department of [department name] at the University of California, San Francisco, at a salary of $_________ annually plus standard University benefits. [scholar's name]'s worksite is located at [full address]. This is a temporary appointment within the terms of the North American Free Trade Agreement (NAFTA).
The position of [title] is a professional occupation consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1 and the NAFTA Professional Job Series List allowing TN status for [TN occupation title]. (see NAFTA list of TN occupation titles)
The position requires a(n) ______ degree and specific knowledge and expertise in _____________________. Duties of this [faculty/research] appointment include __________________________ [list nontechnical duties].
[scholar's name] is well qualified for this position. S/He received her/his ______ degree from the _____________ in ______________. S/He has been active in ___________________ [brief description of academic career]. S/He has been on the faculty of the Department of _______ at the __________ since _____. [scholar's name] has presented numerous papers at professional organizations and has authored both peer-reviewed and non-refereed articles.
The University would be grateful for every consideration shown to [scholar's name]. Thank you for your assistance.
Sincerely,
[UCSF Department Chair Name]
Chair, Department of _______, UCSF
Description of the company;
Description of the applicant;
Description of the job offered and duties, including compensation.
-------------------------------------------------
Sample TN Letter 1
Dear US Customs and Border Patrol Officer,
This letter is written in support of the TN application of Susie Q. Dr. Q has been hired by the Department of XXXX, Carnegie Mellon University, to serve in the temporary position of xxxx for the period of xx/xx/2005 to xx/xx/2006. This position type is listed in the list of Trade NAFTA “professional occupations” as outlined in the initial NAFTA Agreement and available on the US Department of State website.
Dr. Q will be paid an annual salary of $xx,xxx per year in addition to staff benefits including health, retirement, and others. This is a full-time position defined by our institution/department as xx.x hours per week.
Carnegie Mellon University is a highly competitive institution of higher education located in Pittsburgh, PA. Our department, XXXXX, particularly concentrates on such-n-such area of expertise and we are leaders in the field of ….
Dr. Q is an outstanding fit with this position. She more than meets the minimum requirements. Specifically, she has a Ph.D. degree in XXXX. The TN minimum academic requirement for this position is xxxxx. There is no licensure required in this field. Her combined education and experience including xxxxxx, make her highly qualified to fill this temporary position at Carnegie Mellon. From our understanding, she meets the criteria of the TN status as outlined in the NAFTA Agreement.
Thank you for your thorough consideration of the TN application of this qualified individual. If you have any questions about the position or Dr. Q’s excellent qualifications for this position and the TN status, please contact me directly.
Sincerely, Department Head, Contact Info
Updated
-------------------------------------------------
Sample TN Letter 2
We recommend using the following template to request TN visa status for Canadian or Mexican citizens employed by the University of Michigan.
Date
U.S. Dept. of Homeland Security
Customs and Border Patrol (for Canadians)
U.S. Dept. of State
Consular Section, Visa Services (for Mexicans)
U.S. Dept. of Homeland Security
Citizenship and Immigration Services
Nebraska Service Center
850 “S” Street
Lincoln, NE 68508 (for extensions and change of status within the U.S.)
To Whom It May Concern:
This is to request TN status for Dr./Ms./Mr. ___________________, who has been invited to[teach/conduct research, etc.] in the Department of _______________________ at the University of Michigan.
Dr./Ms./Mr. ______________________’s professional affiliation with the University will extend from ______________ (mm/dd/yyyy) to _____________ (mm/dd/yyyy).
He/she will be employed as a (NAFTA job title) with an annual salary of $_____________.
At the University of Michigan, Dr./Ms./Mr. __________________ will [description of work to be performed, including specific job duties].
Thank you for your consideration of this application.
Sincerely,
(University Representative)
-------------------------------------------------
Sample TN Letter 3
Letterhead for ABC Company
123 Anystreet, Anytown, Anystate
Phone 555-555-1234, Fax 555-555-5678
November 27, 2000
To the US Immigration and Naturalization Services
Dear Sir or Madam:
Re: TN Petition for BOB SMITH
We are writing to request that BOB SMITH be granted TN status for the position of SYSTEMS ANALYST.
We would like to employ Mr. BOB SMITH as a SYSTEMS ANALYST, reporting to JOHN DOE, Director of Information Services. This NAFTA qualifying position is described in the DOT category "030.167-014 SYSTEMS ANALYST (profess. & kin.)".
In this position, Bob Smith will be required to perform the following duties:
Analyze end-user requirements, document and develop solutions using computer technology
Write detailed requirements which will then be developed into specific technical requirements using computer technology prepare time and cost estimates, and monitor projects using standard project management tools.
Study existing computer hardware and software, and provide input on improvement of such hardware and software work with our existing IT staff in providing assistance in software development, creating of test plans, installation plans, and other project direction.
This position requires an individual with a related degree. Based on Bob Smith’s education and experience, he is ideally suited for this position. We believe Mr. Smith qualifies for TN status, as outlined in section 214(e) of the North American Free Trade Agreement. We believe Mr. Smith meets the requirements to be admitted as a SYSTEMS ANALYST with the duties which are outlined and described by the Department of Labor's Dictionary of Occupational Titles (DOT). He is a professional as outlined in the regulations 8 CFR 214.6.
We require his services temporarily for a one year period, starting 12/15/2000 and ending no later than 12/14/2001 contingent upon INS approval of this petition. Once this temporary employment has completed we fully expect Bob Smith to return to Canada. Mr. Smith’s employment will comply with all applicable local, state, and federal laws. He will earn an annual salary of $60,000 plus standard company benefits as outlined in his employee handbook. There are currently no labor disputes, nor are any anticipated at ABC Company. Mr. Smith has provided us evidence that he is a Canadian citizen and will provide you original documents showing proof of citizenship and proof of suitable education for this position.
ABC Company is publicly traded company (NYSE: ABC) based in Minneapolis and was established in 1973. We are one of the 10 largest manufacturing facilities in Minnesota, with offices world-wide, employing over 4,000 employees in the USA, and 2,000 additionally in our international offices. ABC Company manufactures widgets, with annual world-wide sales of $300 million dollars.
Should any further information be required, I can be reached at 612-555-1234 (during regular business hours), or at 612-555-6789 (after regular business hours).
Very truly yours,
(sign)
JANE DOE,
Director of Human Resources.
-------------------------------------------------
Sample TN Letter 4
[Date]
For TN status granted at US port-of-entry:
U.S. Department of Homeland Security
United States Customs and Border Protection
-Or-
For TN status submitted by mail:
U.S. Department of Homeland Security
United States Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
Subject: TN Status on behalf of [scholar's name]
To Whom It May Concern:
On behalf of the University of California, San Francisco, this letter is to request TN status for [scholar's name], from [begin date] to [end date]. [scholar's name] will be appointed as [academic title] in the Department of [department name] at the University of California, San Francisco, at a salary of $_________ annually plus standard University benefits. [scholar's name]'s worksite is located at [full address]. This is a temporary appointment within the terms of the North American Free Trade Agreement (NAFTA).
The position of [title] is a professional occupation consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1 and the NAFTA Professional Job Series List allowing TN status for [TN occupation title]. (see NAFTA list of TN occupation titles)
The position requires a(n) ______ degree and specific knowledge and expertise in _____________________. Duties of this [faculty/research] appointment include __________________________ [list nontechnical duties].
[scholar's name] is well qualified for this position. S/He received her/his ______ degree from the _____________ in ______________. S/He has been active in ___________________ [brief description of academic career]. S/He has been on the faculty of the Department of _______ at the __________ since _____. [scholar's name] has presented numerous papers at professional organizations and has authored both peer-reviewed and non-refereed articles.
The University would be grateful for every consideration shown to [scholar's name]. Thank you for your assistance.
Sincerely,
[UCSF Department Chair Name]
Chair, Department of _______, UCSF
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