Body
University Policy
Title
University of North Carolina at Chapel Hill Policy on TN Professionals (USMCA)
Introduction
Purpose
This policy provides an overview of the TN nonimmigrant classification for eligible Canadian and Mexican professionals and related employment requirements. Its purpose is to help ensure that both the University and TN employees comply with applicable U.S. immigration laws and regulations and maintain lawful employment authorization and status.
Scope
This policy applies to UNC-Chapel Hill departments and employees involved in sponsoring, managing, or working in TN status, including international faculty and scholars.
Policy
The TN Professional under the United States-Mexico-Canada Agreement (USMCA) was created to enable the entry of Canadian and Mexican citizens to the United States to engage in “business activities at a professional level” on a temporary basis. The treaty specifies USMCA occupations, includes information about the minimum qualifications required and the scope of permissible activity. Landed immigrants or permanent residents of Canada or Mexico do not qualify for TN.
Only professions with the minimum qualification requirements as specified in in the USMCA treaty can serve as the basis for TN employment.
There is no cumulative total limit on the amount of time a Canadian or Mexican citizen can be in TN status. TN status can be renewed indefinitely in increments of up to three years , provided the stay remains temporary in nature.
Maintaining TN Status
- Work for the specific employer and specific occupation you were admitted for in the U.S.
- Workers cannot be self-employed
- Material changes to the job duties will require filing a new TN application
- Report a change of address of residential address to USCIS (www.uscis.gov) within 10 days of moving.
- Keep evidence of reporting compliance for your records (if reporting online, print a copy of the form before submitting. If reporting by mail, send it by receipted mail).
- TN employees must also report the change to ISSS by completing the Update US Address and Phone e-form in the ISSS Portal.
- It is important that TN employees carry proof of their immigration status with them at all times. TN employees can review information on maintaining their immigration documents and records on the ISSS website.
Travel
Travel and Readmission of TNs
Canadian/Mexican TN may be readmitted to the U.S. for the remainder of the period authorized on Form I-94. TN employees must carry the following documents with them:
- A valid Form I-94
- Valid passport
- Carry supporting documents for reentry: copy of the TN support letter and academic credentials
- Mexican TNs must have a valid TN visa to enter/re-enter the United States
Upon return to the U.S., TN employees must submit the Update my Most Recent I-94 Information e-form in the ISSS Portal to report their new Form I-94. If a new visa was obtained, the employee must also submit the Update my Visa Information e-form in the ISSS Portal.
Ending TN Status
TN status is tied to employment as outlined in the offer of employment presented at the port of entry into the U.S. or on subsequent Form I-129 extensions. TN status ends when employment ends. There is no grace period for departure for TN workers. Once employment ends, the TN scholar is required to depart the United States or file for a change of immigration status with USCIS.
It is important to report the final departure to ISSS to ensure the accuracy of an individual’s immigration records and in order to preserve future immigration options. TN scholars must complete a Departure Notice and submit it to ISSS as soon as possible before departing from the University. The departure information is needed to accurately report it to the various immigration and government agencies.
Hosting Unit Responsibilities
The hosting unit submit an Early Departure or Termination in the ISSS Portal to report to ISSS the early departure or termination of employment for a TN employee.
This information is provided for informational purposes only and is not intended as legal advice. The information provided is subject to change. For the latest information go to https://isss.unc.edu/.
Contact Information
Primary Contact
Name: International Student and Scholar Services
Telephone: 919-962-5661
Email: ISSS@unc.edu