Duration of TN Visas – What You Need to Know

The TN visa is a valuable tool for Canadian and Mexican citizens who wish to work in the United States under the North American Free Trade Agreement (NAFTA), now replaced by the United States-Mexico-Canada Agreement (USMCA). While this visa provides a straightforward pathway to employment in the U.S., it's important to know the TN visa's duration and the rules governing its stay. In this post, we'll explore how long TN visas are valid and the process of extending or renewing them.

How Long Is a TN Visa Valid?

A TN visa is typically granted for a period of up to three years. The length of the visa depends on the nature of the employment and the applicant's qualifications. While three years is the standard duration, the actual period granted may vary, as it is at the discretion of the U.S. Customs and Border Protection (CBP) officer at the port of entry.

Can TN Visa Holders Stay Beyond Three Years?

Though the TN visa can initially be granted for three years, extending the visa multiple times is possible, provided the individual continues to meet the eligibility criteria. There is no maximum number of extensions, but each extension is typically granted in increments of up to three years. Extensions require a thorough review of your job and employment status, including whether the position continues to qualify for TN status.

How to Extend a TN Visa

If you wish to extend your TN visa, you have two options: apply through U.S. Citizenship and Immigration Services (USCIS) or leave the U.S. and reapply at a port of entry. If you choose to extend through USCIS, you'll need to submit the appropriate form, fees, and documentation that proves your continued eligibility for the TN status. If you opt to reapply at the border, you must present your qualifications and job offer to the CBP officer for approval.

What Happens If the TN Visa Expires?

If your TN visa expires and you have not applied for an extension or left the U.S., you risk falling out of legal status, which can lead to complications with future visa applications, employment, and reentry into the U.S. It is important to monitor your visa expiration date and take timely action to extend or renew your TN status.

Can You Transition From a TN Visa to a Green Card?

Many TN visa holders choose to eventually apply for a green card (permanent residency) to remain in the U.S. long-term. While holding a TN visa does not prohibit you from pursuing a green card, the process can be complex. The key challenge is that the TN visa is a non-immigrant visa, and the U.S. government must be assured that you intend to return to your home country once your employment ends. Consulting an immigration attorney is advisable if you're considering this transition.

The duration of a TN visa can be flexible, offering initial validity for up to three years and the possibility of extensions. Whether you are applying for a new TN visa or looking to extend your current visa, following the proper steps and complying with all requirements to maintain your legal status is essential. Keep track of your visa expiration dates and stay informed about the rules for extending your TN visa to ensure a smooth stay in the U.S.