USCIS Increases Periods of Stay for TN Visa Holders

The Department of Homeland Security (DHS) is increasing the period of admission and extensions for Canadian and Mexican citizens who seek temporary entry to the U.S. pursuant to the TN nonimmigrant classification. The new regulation increases the maximum allowable period of admission for TN nonimmigrants from one year to three years, and allows otherwise eligible TN nonimmigrants to be granted extensions of stay in increments of up to three years. Previously, TN nonimmigrants were only allowed extensions of stay in one-year increments. TN dependants (spouses and unmarried minor children of TN nonimmigrants) have also been granted the same periods of admission or extension.

This new regulation is intended to improve the administration of the TN program and make it more flexible and attractive to Canadian and Mexican professionals, as well as to employers in the U.S. By removing the annual submission of documentation and payment of filing fees, DHS hopes to further the intent of NAFTA to facilitate the entry of eligible professionals from Canada and Mexico into the U.S.

What is a TN Visa?

The TN classification was established by the North American Free Trade Agreement (NAFTA) to allow qualifying Canadian and Mexican citizens to enter the U.S. temporarily to work in a professional capacity .TN nonimmigrants can be petitioned for by either a U.S. employer or a foreign employer for a position in the U.S., provided that the beneficiary meets the educational and/or licensing requirements for the profession or occupation.

Please find a list of eligible TN professions below (these may be subject to change):

  • Accountant
  • Architect
  • Computer Systems Analyst
  • Disaster relief insurance claims adjuster (claims adjuster employed by an insurance
  • company located in the territory of a Party, or an independent claims adjuster)
  • Economist
  • Engineer
  • Forester
  • Graphic Designer
  • Hotel Manager
  • Industrial Designer
  • Interior Designer
  • Land Surveyor
  • Landscape Architect
  • Lawyer (including Notary in the province of Quebec)
  • Librarian
  • Management Consultant
  • Mathematician (including Statistician)
  • Range Manager/Range Conservationist
  • Research Assistant (working in a post-secondary educational institution)
  • Scientific Technician/Technologist
  • Social Worker
  • Sylviculturist (including Forestry Specialist)
  • Technical Publications Writer
  • Urban Planner (including Geographer)
  • Vocational Counselor
  • Dentist
  • Dietitian
  • Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)
  • Nutritionist
  • Occupational Therapist
  • Pharmacist
  • Physician (teaching or research only)
  • Physiotherapist/Physical Therapist—Psychologist
  • Recreational Therapist
  • Registered nurse
  • Veterinarian
  • Scientist
  • Agriculturist (including Agronomist)
  • Animal Breeder
  • Animal Scientist
  • Apiculturist
  • Astronomer
  • Biochemist
  • Biologist
  • Chemist
  • Dairy Scientist
  • Entomologist
  • Epidemiologist
  • Geneticist
  • Geochemist
  • Geologist
  • Geophysicist (including Oceanographer in Mexico and the United States)
  • Horticulturist
  • Meteorologist
  • Pharmacologist
  • Physicist (including Oceanographer in Canada)
  • Plant Breeder
  • Poultry Scientist
  • Soil Scientist
  • Zoologist
  • Teacher (College, Seminary, University)

Immigration attorney Marc P. Feldman has experience with filing successful TN applications and is available to answer your questions and address your concerns.

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