This article is for those interested to renew or extend the TN visa for USA and covers topics such as how to renew or extend the TN visa, when to renew or extend and how many times can you renew or extend the TN visa.
The TN visa is temporary visa for the United States that allows a citizen of Mexico or Canada who is a member of one of the NAFTA professions to come and work in the U.S. for a U.S. company as a professional. The TN visa is generally available for professional positions and require the Canadian or Mexican employee to have the skills, knowledge and education related to that particular profession as identified in the list of NAFTA professions.
The TN visa is initially granted for a maximum of 3 years and in order to stay beyond the initial 3 years, you must renew or extend the TN visa as discussed below. The TN visa can be renewed as early as 6 months prior to the expiration date.
“We use our expertise to advise on all aspects of TN visa including how to renew and extend the TN visa”
The TN visa can be renewed or extended as many times as needed as long as the US employer has a need for the extended TN visa assignment and the job duties. There are no limitations as to how many times a TN visa can be renewed or extended as long as all legal requirements are met.
If the TN visa expires without a renewal or extension, the employee must stop working and has 60 days from the last day of employment, or up until the expiration date of the person’s I-94 record, whichever comes first, to leave the United States. During this grace period you may prepare to leave the United States, apply for a new TN visa, or change status to a different visa classification such as a visitor B1/B2 visa or other visas. If you continue to stay in the United States after this grace period, your extended stay can result in removal and deportation from the US. Moreover, generally, remaining in the US more than 180 days past your I-94 expiration date can result in being barred to re-enter for at least 3 years.
Furthermore, if you continue to work for the U.S. employer after the TN visa expires, without a renewal or extension, then you will be engaging in unauthorized employment which again carries with it a potential for negative ramifications.
However, if your TN visa expiration date is approaching and if a TN visa renewal will be submitted at a port of entry or a U.S. consulate, then you should leave the United States before the expiration date on your initial TN visa. You should leave before the expiration date, even if the renewal will not be submitted until sometime after your departure. Also, if a TN visa extension or renewal is filed with the U.S. Citizenship and Immigration Services (USCIS) and received prior to the date of your TN visa expiration date, then the filed TN visa extension provides you with an additional 240 days of authorization to continue to work for your U.S. employer while the extension is pending.
If you are in the U.S. on a TN visa, you have to options to renew or extend the TN visa.
If your U.S. employer wishes to continue to employ you beyond the TN visa expiration date, then there are two options available to renew or extend the TN visa:
- Your U.S. employer can file an extension with USCIS. Your US employer can file an extension for the TN visa with USCIS as long as you are in valid TN status, have maintained your TN visa status and you are physically present in the United States at the time of filing. Moreover, you must meet the same requirements as for your initial TN visa – possess the necessary qualifications for the NAFTA profession and have an employment offer for a qualifying position. The TN visa extension with USCIS is the same for both employees from Canada or Mexico.
- You can apply for a new TN visa at a port of entry if you are a Canadian citizen (following the same application and documentation process as for the initial TN visa). If you are a Mexican citizen you can present a new TN visa application at the U.S. Consulate. This process is very similar to the initial TN visa process at the U.S. Consulate. However, irrespective of whether the renew or extension is processed at a port of entry (for Canadian citizens) or at a U.S. Consulate (for Mexican citizens), you must still submit all required documents for the position and qualifications.
How can Malescu Law assist with TN visa renewal or extension?
Our experienced TN visa lawyers in Miami, Florida USA can assist to renew or extend the TN visa, prepare and file the required TN visa application and documentation, and advice on case strategy and other visa options. Contact us or book an appointment.
Malescu Law P.A. – TN Visa Lawyers
