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TN Status (USMCA Profesional Workers)

This classification is available as a part of the USMCA (United States, Mexico, Canada Agreement, previously the North American Free Trade Agreement (NAFTA). Only Canadian and Mexican citizens are eligible for TN status. The TN classification allows Canadian and Mexican citizens to be admitted to the U.S. temporarily to engage in business activities at a professional level. “Professional level” refers to those undertakings which require that the individual possess at least a baccalaureate degree or appropriate credentials in a profession set forth in Appendix 2 of the USMCA (see page 12, 16-A-2-1). The “business activities” must be employment or other prearranged business activities in a USMCA-eligible profession, for a United States or foreign entity. The TN status holder may not be self-employed. Temporary entry, as defined in the USMCA, means entry without the intent to establish permanent residence. The TN applicant must satisfy the U.S. consular officer or inspecting immigration officer that the proposed stay has a reasonable, finite end that does not equate to permanent residence.

Dependents of TN status holders are granted TD status. TD status holders are not allowed to accept employment or receive payment of any kind. TD status holders are not prohibited from study (full or part-time).

There are several advantages of the TN status: (1) “relative ease” of obtaining TN status through travel, (2) no total maximum time limit for holding TN status (renewable 1–3-year increments), (3) relative ease in changing to or extending TN status within the U.S.

Requesting TN Status

Departments and divisions must consult OIS before a prospective employee seeks entry in TN status. OIS will review the terms of employment at JHU and determine if TN is the appropriate status for the offered employment. OIS will advise the department/division and TN applicant on next steps. Requests for TN sponsorship consideration are handled by the OIS employment team. Please email [email protected] to discuss initial TN sponsorship, extensions and/or amendments of TN status.

Obtaining TN status upon entry to the U.S.

At the port-of-entry (by land or by air), Canadian and Mexican TN applicants must present required documents to the U.S. immigration officer for evaluation and adjudication. OIS will advise TN applicants on document requirements after determining TN sponsorship is appropriate for the position offered at JHU.  Citizens of Mexico must also apply for a TN visa stamp at a U.S. embassy or consulate abroad before they can seek entry in TN status. (Canadian citizens are exempt from visa stamp requirements). Sponsorship for TN status by JHU is not a guarantee that the TN visa stamp (Mexican citizens), or admission in to the U.S. in TN status will be granted. The U.S. consular official or immigration officer will evaluate each case on its own merits, and according to the federal rules governing TN status, and determine the admissibility of the temporary worker.

TN applicants will not be permitted to enter the U.S. more than 10 days before the start date of the TN employment. They should seek admission to the U.S. at the port of entry [POE] specified in the TN sponsorship letter. TN applicants must carry their valid passport and it should be valid for at least 6 months beyond the TN sponsorship period.

Upon the Arrival in TN Status

TN applicants must verify they have been admitted in TN status for the proper duration. The I-94 can be retrieved here. Remember to carry a copy of the I-94 at all times in the U.S. as required by immigration law. It may be advisable to carry a copy of their passport along with the I-94.

Before TN employment begins, e-mail the following to: [email protected]

  • Form I-94
  • Completed/signed Check-in Form
  • Visa Stamp [Mexican Citizens only]

Maintenance of TN Status

TN status is employer and employment specific. Any contemplated change in the terms of employment must be discussed with OIS before such changes occur. Consult OIS 60 days in advance of any request to extend TN status or to discuss any planned changes in the terms of employment. Extensions and amendments of TN status require travel or the filing of a TN petition with USCIS. For more information email [email protected].

Be Familiar with Your Immigration Documents
  1. Maintain a valid passport
    Your passport must be valid for at least 6-months into the future unless exempt by country-specific agreements. Contact your country’s embassy in the U.S. for information about renewing or extending your passport while in the U.S.
  2. Carry documentation verifying TN status
    • Regulations require that you carry your I-94 at all times
      • Review your I-94 record each time you re-enter the U.S., ensuring it reflects the correct class of admission (“TN”) and admit-until date (“the correct amount of time”). Retrieve your electronic I-94 here, print a copy, and carry it with your immigration documents, as required by immigration law. If your I-94 contains incorrect information, email to [email protected] for guidance on correcting it
    • If your TN status was granted based on an approved I-129 petition filed by JHU, it may be advisable for Mexican citizens to carry a copy of form I-797 / TN Approval Notice when they apply for their visa stamp. Most TN employees secure TN status through travel and do NOT have a form I-797 / TN Approval Notice. It is not necessary to carry the form I-797 / TN Approal Notice each time you travel as TN status can be granted for a period that exceeds the I-797 validity. A form I-797 / TN Approval Notice shows that you are the beneficiary of an approved I-129 (TN petition) and you are authorized to work for the sponsor of the TN (JOHNS HOPKINS UNIVERSITY) in the capacity described in the I-120 petition for the time period indicated on the I-797. Keep the original Form I-797 in a safe location. If you were issued a Form I-797 TN Approval Notice it may be advisable to carry a copy, but it is not necessary.
    • It may also be advisable to carry a valid government-issued ID to further establish your identity
Change of Address

USCIS requires that you report an address change within 10 days of the move. To report an address change you must:

  1. Submit Form AR-11 to USCIS. AR-11, Change of Address Form
  2. Email [email protected] with your full name, date of birth, JHED and new address
  3. You also must update your address on file with JHU. JHU employees can update their address at “My JHU”: https://my.jh.edu/myJH/

Travel Outside the U.S.

Citizens of Canada are exempt from visa stamp requirements.

Citizens of Mexico are required to have a valid TN visa stamp to return to the U.S. Before applying for the TN visa stamp at a U.S. Consulate/Embassy abroad, please review the U.S. Consulate/Embassy website where you will apply for the visa to ensure you have the necessary documents. Document requirements for visas can vary by country and applicant.

Important Steps to Take When You Return to the U.S. from Travel Abroad

  1. Retrieve and print your I-94. Remember to carry your I-94 at all times in the U.S. as required by immigration law. To access your I-94 record you will need your passport. Go to https://i94.cbp.dhs.gov/I94/#/home
  2. Verify that the following information on the I-94 printout is correct
    • Your name should appear as it is stated in your passport
    • The appropriate visa classification (TN)
    • The end date on the I-94 should match the TN sponsorship letter and Form I-797 (if applicable) or be extended for 10 additional days beyond the end date of the TN sponsorship letter or Form I-797 (if applicable)
    • If your I-94 is shortened and does not match the end date in the TN sponsorship letter and on Form I-797 (if applicable), your TN status will end on the date marked on the I-94 record. Email [email protected] immediately.
  3. Contact the OIS if you notice any error or data inconsistency, including if the end date on the I-94 does not match your TN sponsorship letter or Form I-797 (if applicable)

Termination of TN Employment by JHU / Resignation of TN Employee

If your employment at Johns Hopkins University is ending, please contact OIS to discuss your TN status. When your employment ends, your TN status ends. There is no guaranteed “grace period” for TN status, so it is important that you take steps to secure an alternate status or depart the U.S. in a timely manner. You also must notify the OIS via the Notification of Departure Form.