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TN Worker Overview/Q & A

For what reason might a department choose to use TN rather than H-1B or J-1 to bring a foreign worker to the university?


The TN can be an excellent option for Canadian or Mexican citizens who are offered temporary employment at Florida State University, if their occupation is one of those included on Appendix 1603 D. 1 of the NAFTA treaty. In short, it is more convenient, cheaper and quicker than either the H-1B or J-1.

Are there any disadvantages to choosing the TN over the H-1B or J-1?
There are many professions that are not included on Appendix 1603 D. 1 so the TN might not be an option. Also, TN status does not allow "dual intent" like the H-1B, so TN is not the best option for a foreign faculty member, offered a tenure or tenure-track position, for whom the university will go through the "green card" process. Last, in contrast to J-1 Exchange Visitor status through which J-2 dependents may obtain employment authorization, the TD dependent of a TN cannot obtain employment authorization. If the worker is coming to FSU for a temporary period of collaborative research or teaching, and intends to return to Canada or Mexico, the J-1 may be the option that would best suit a family.

How long may someone use TN status?
There is no total limit on how long a Canadian or Mexican can use TN status, although the TN must be extended prior to the expiration date noted on the worker’s I-94. However, the stay must remain temporary in nature, so at some point, immigration might question the intent if TN extensions are requested again and again.

If a department offers a TN-eligible position to a worker who is already in TN status, does FSU need to do anything?
Yes, FSU must either file a TN petition with immigration or the worker must leave the U.S. and reenter with documentation from FSU. The TN is employer-specific.

What kinds of occupations at FSU might work for the TN?
The most commonly-used TN occupations for universities are teacher, scientists, scientific technician/technologist, computer systems analyst, economist, engineer, and Medical/Allied Professionals.

What if the dependent is not a Canadian or Mexican citizen?
Dependents may obtain TD status even if they are not citizens of Canada or Mexico. They would need to apply for the TD visa at a U.S. Consulate showing evidence of their relationship to the TN principle, even the dependents of a Canadian TN. Only Canadian citizen dependents of a TN are exempt from the visa requirement.

Can the TN be used for part-time employment?
Yes.

What about travel abroad while a TN petition is pending or after a worker receives TN status?
Contact Kristen Hagen, 850 644-9563, for more information.

Can a TN worker take classes?
The regulations don't discuss whether or not this is allowed. It is generally accepted that TNs may study as long as the study is incidental to their employment.

What about TD dependents? May they study?
Yes. They will be classified as out-of-state for tuition purposes.