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OISSS > For International Academic Staff > TN

TN

Change of Employers as an TN | Change of Jobs at UNC-Chapel Hill
Concurrent Employment by Different Employers | TN-2 for Mexican Citizens
Entry/Travel

The TN-1 status is only for Canadian citizens and TN-2 status is only for Mexican citizens and is only for employment in certain professions (NAFTA List) for 3 years; currently no limit on number of extensions.

Proposed Changes in Your Work
Your TN status is very job and employer specific. It permits you to work for only within the dates specified in your I-94 Arrival Departure Record, and your I-797 Approval Notice--if you received an extension within the U.S. from the U.S. Citizenship and Immigration Services. It is also limited to work only for the job and the employer for whom the TN status was granted. Any proposed significant change in your job duties could require the University to file a new TN petition with USCIS before those changes could occur. If there are any proposed significant changes in your job duties, contact the Office of International Student and Scholar Services immediately.

Change of Employers as a TN
Should you decide to change employers, you should not leave your current employment, until the new employer has received a TN approval for you from USCIS, or until you have left the U.S. to then return with the new employer's offer letter and an approval for the new TN employment at the U.S. border crossing. There is no official "grace period" for the TN status, therefore, you would be no longer be "In-status" with USCIS if you quit one job and could not start the other job immediately.

Change of Jobs at UNC-Chapel Hill
Should you decide to change positions at UNC-Chapel Hill, remember that any significant change in the job duties, etc. require UNC-Chapel Hill to file a new petition to USCIS on your behalf, or for you to leave the U.S. and re-enter with a offer letter for the new job. Therefore, the process is the same as that listed above for a change of employers and, again, you should not assume the new duties or job until USCIS has approved the new employment.

Concurrent Employment by Different Employers
Employment by more than one employer while in TN status requires the approval for concurrent employment by the USCIS (at the border or by the employer mailing a petition to the USCIS).

TN-2 for Mexican Citizens
Unlike the TN-1 for Canadian citizens, the TN-2 for Mexican citizens requires a Labor Condition Application (LCA) approved by the Department of Labor (DOL) and an employer-submitted petition approved by the USCIS for the initial visa and any subsequent extensions or changes in employment.

Entry/Travel
When traveling within the United States, foreign nationals, including any accompanying dependents, should carry their immigration documents with them. These documents include valid passport (suggested, but not required for Canadian citizens traveling within the United States), I-94 arrival-departure record, and I-797 Approval Notice. Please take extra precautions to safeguard your documents both while traveling and in Chapel Hill.

To enter or re-enter the U.S. in TN status, you should always carry the following documents for presentation at a U.S. Consulate abroad (Mexican citizens only) and/or to the CBP officers when re-entering the U.S.:

1. Valid passport
2. I-94 with multiple-entry stamp (Canadian citizens)
3. TN-2 visa (Mexican citizens only)
4. Form I-797 TN Approval Notice (if employer petitioned USCIS by mail)
5. Copy of UNC-Chapel Hill's TN petition (Form I-129, three pages) (if employer petitioned USCIS by mail)
6. Copy of Labor Condition Application (LCA) (Mexican citizens only)
7. Recent copy of departmental support letter. The department letter submitted as part of a petition can serve as an example for this new letter and could follow the following pattern:
   
   Para. #1--"Dr. X is currently employed in TN status in the position of.... This current TN appointment began on (month/day/year) and will end on (month/day/year) {Three year maximum} The position carries a salary of $...per...."
   Para. #2--"The main duties of this position are...."
   Para. #3--"Dr. X possesses the necessary qualifications for the above position. Dr. X's qualifications include...."
8. For a TD visa and/or re-entry to the U.S. for a dependent, your spouse, or any of your children under the age of 21, will need to provide the same as above, plus the following are recommended:
   • A current bank letter or statement showing enough funds to support family members
   • A copy of the TN's passport and TN-2 visa stamp (Mexican citizens only)
   • A copy of the TN's I-94 (if TN is already in U.S.)
   • Marriage certificate for spouse
   • Birth certificates for children