TN Stay Increases from One Year to Three Years

October 16, 2008

USCIS has increased the authorized period of stay for TN (NAFTA) professionals from one year to three years.  This is consistent with the period of stay now available to H-1B professional workers.  This rule change is effective October 16, 2008 and applies to initial applications and extensions of stay.

See http://www.uscis.gov/files/article/tn_nonimmigrant_changes_update.pdf and http://frwebgate4.access.gpo.gov/cgi-
bin/PDFgate.cgi?WAISdocID=169849418939+0+2+0&WAISaction=retrieve.

TN status is available to citizens of Canada and Mexico whose occupations appear on the TN schedule, which includes nurses, college professors, etc.

This change benefits both aliens and employers, especially in Maine where TN nurses and other professionals are fairly common.  Formerly, TN professionals would either need to travel back to the border or apply to extend their stay from within the U.S. on an annual basis.

Before expiration of their current TN status, TN professionals should either go to the border and renew for a 3-year period or have their employers petition USCIS for a 3-year renewal from within the United States.  Please note that the increase is not automatic, but rather applies in cases of initial TN approval or extension of stay going forward.  There is no overall maximum period of stay in TN status, but each TN approval will be for no more than 3 years at any one time.  In straightforward cases, border processing is usually faster and less expensive assuming it does not involve a long trip.  For those TN professionals working in Maine, border processing usually makes sense.

Given that employers can request a longer period of stay, they should make sure to qualify the letters they provide to employees with language that they remain at-will employees if that is the case, and that continued employment is contingent on satisfactory performance.  For those TN professionals who will be renewing their TN status in the next few weeks, it probably makes sense to provide them with the USCIS fact sheet explaining the change in the event the border post at which they are processing is not aware of it. Although some groups who commented on the proposed rule requested that USCIS recognize the doctrine of “dual intent” for TN professionals, this change was not made and TN status still requires nonimmigrant intent.  That means that TN professionals must intend their stay in the U.S. to be temporary. 

Please contact Matthew S. Raynes for further information.

This paper is provided as general information, and is not a substitute for legal or other professional advice.