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Below is a brief summary of the TN visa status. Please contact the International Scholars Office (ISchO) for further details on TN status for a Canadian or Mexican citizen who be affiliated with MIT through an academic appointment or professional research position. Such scholars should register with the ISchO upon arrival. The ISchO has checklists explaining procedures and requirements for obtaining and extending TN status.
The North American Free Trade Agreement (NAFTA) established a TN nonimmigrant visa category for Canadian and Mexican citizens. The TN category enables Canadian citizens (not landed immigrants) and Mexican citizens to be admitted to the United States to temporarily engage in "business activities at a professional level" in certain fields, for one or more specific employers. To be eligible for admission in TN status sponsored by MIT, the individual must satisfactorily demonstrate to U.S. Customs and Border Protection (CBP) that:
TN status may be granted for as long as the employment offer specifies, up to three years, and may be extended in increments of up to three years. Please note that long-term or permanent employment should be discussed with the ISchO in advance to determine appropriate visa options.
A Canadian or Mexican citizen who qualifies for TN status will be issued Form I-94 (arrival/departure record) with the indication "TN," the date of entry, and the date of expiration (not to exceed three years), along with the notation "multiple entry." A receipt will be issued for the fee and should be retained by the applicant along with Form I-94.
All international scholars must register with the ISchO upon arrival at MIT.
Responsibilities of the ISchO: The ISchO files all TN applications on behalf of foreign nationals changing to TN status within the United States, who are coming to accept academic appointments and professional research staff positions at MIT. The ISchO must also receive notice regarding individuals coming in TN status via the U.S.-Canada or U.S.-Mexico border crossing for such appointments. The ISchO will advise on the most appropriate method of processing and will review the sponsoring department's employment letter for the TN application.
Comparison between J-1 and TN status for MIT appointments: Please consult the ISchO for assistance and information on the appropriate visa and visa processing procedures for prospective appointees. A chart highlighting some of the main features of TN and J-1 status follows.
| TN Status | J-1 Exchange Visitor Status |
|---|---|
| $57 fee required upon entry; $320 fee for change of status or extension within United States. | No fee for initial application; SEVIS fee of $180; $300 fee for change of status within the United States. |
| Income allowed for specific, authorized position; no other income without USCIS/CBP authorization.* (*May work for more than one TN employer if authorized by USCIS/CBP.) |
Income allowed for specific authorized position; compensation for additional, short-term lecturing or consulting may be authorized in limited situations. |
| Tax status: resident alien (includes FICA) | Tax status: nonresident alien for two years (does not pay FICA tax); also, may be eligible for exemption through tax treaty |
| Maximum stay in U.S.: renewable indefinitely in increments of up to 3 years | Maximum stay in U.S.: 5 years |
| Spouse may not work | Spouse may apply to U.S. Citizenship and Immigration Services (USCIS) for work permission |
| See list of required documents | Requires Form DS-2019 from J-1 program sponsor with details of academic objectives and financial support |
| Note that not all occupations qualify for TN classification | Most persons with an MIT academic appointment, advanced degree, and adequate, reliable funding qualify |
| May be subject to 2-year home country residence requirement if funded by United States or Canadian/Mexican government |
Last Updated: July 2009