Renew or extend the TN visa

This article discusses frequently asked questions about how to renew or extend the TN visa for the United State. Here, we explore everything you need to know about 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.

We use our expertise to advise on all aspects of TN visa renewal and extension. But first, let’s have a quick overview of TN visa.

What is TN visa?

The TN visa, established under the North American Free Trade Agreement (NAFTA), is a temporary visa option for Canadian and Mexican citizens. It allows them to work in the United States in professional roles for U.S. companies.

The qualify for TN visa, you must meet the following requirements:

Citizenship: You are a citizen of Canada or Mexico
Profession on the NAFTA List: Your profession is listed on the official NAFTA professions list. This list outlines specific occupations considered NAFTA professions.
Qualified Applicant: You possess the necessary skills, knowledge, and education directly related to the NAFTA profession.
Position: The position you will be filling in the United States requires a NAFTA professional.
Employment and job offer: You have a prearranged full-time or part-time job offer from a US employer

How many times can I renew a TN visa?

There is no limit on the total number of TN visa renewals or extensions you can potentially obtain. As long as you meet the TN visa requirements, you can continue the TN visa status. In other words, you can renew or extend your TN visa indefinitely.

However, it is important to keep in mind that immigration officers have the final say on TN visa renewals. While there is no set limit, each renewal application is reviewed based on its own merits.

When to renew or extend TN visa?

The TN visa is initially valid for up to three years. However, if you wish to stay longer, you can renew or extend your TN visa. You can renew your TN visa as early as six months before your current TN visa expires.

How to renew your TN visa?

If your TN visa expires without a renewal or extension, you are no longer authorized to work in the United States. You must stop working immediately upon your visa expiration.

You have 60 days grace period from the last day of employment, or up until the expiration date on your I-94 record, whichever comes first, to stay in the United States. This grace period is not an extension to work.

Travelling While Your TN Visa Renewal is Pending

Here’s what to know about traveling outside the U.S. if your TN visa is nearing expiration and you plan to renew it:

Renewal at Port of Entry or Consulate: If you are submitting your TN visa renewal at a port of entry (Canadians) or U.S. consulate (Mexicans), it is generally recommended to depart the U.S. before your current visa expires. This avoids any potential complications with overstaying your visa. You should depart before the expiration date, even if your renewal application is not submitted until sometime after your departure.

Renewal Filed with USCIS: If you are filing the TN visa renewal application with USCIS within the U.S., you can stay. As long as your renewal is received before your current visa expires, a 240-day employment authorization is automatically granted. This allows you to continue working for your U.S. employer while the extension is pending.

Grace period

During this 60-day grace period, you have several options:

Extend your TN visa: If you and your employer meet the requirements, you can file for a TN visa extension.
Find a new TN visa employer: You can search for a new US employer who can sponsor you for a TN visa in a qualifying profession.
Change your immigration status: If eligible, you may be able to apply for a different visa category such as E2 investor visa for Canadian and Mexican citizens and their employees, L-1 visa for Canadians, L-1 visa for Mexican citizens, E-1 trader visa, B1/B2 visitor, F-1 student and others.
Adjustment of status to permanent resident: If you have a basis to file for adjustment of status through marriage to a U.S. citizen or permanent resident, or through employment-based sponsorship, including concurrent filing with petitions like EB-1 (including EB-1C), EB-2 NIW (National Interest Waiver), or EB-5, EB-5 for Canadians (investment-based green card).
Depart the United States: If you do not pursue any of the above options, you must leave the United States by the end of the grace period.

Consequences of an Expired TN Visa

It is crucial to maintain lawful status in the United States. Overstaying your visa can have serious consequences. If you continue to stay after this grace period ends, you may be deported 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.

Continuing to work for your US employer without an extension or renewal is a violation of US immigration laws.

TN visa renewal process

If your U.S. employer wishes to continue to employ you after your TN visa expires, here are two options to renew or extend your TN visa:

TN visa extension at USCIS

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, you have consistently maintained your TN visa status, and you are physically present in the United States when the extension petition is filed.
Similar to initial TN visa application, you must show that you possess the necessary qualifications for the NAFTA profession and have a valid job offer for a qualifying position from your US employer.
The extension process for TN visas is the same for both Canadian and Mexican citizens.

TN visa renewal at border

You can apply for a new TN visa at a port of entry only 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.
No matter where you apply for your TN visa renewal or extension, whether at a port of entry (Canadians) or a U.S. consulate (Mexicans), you’ll need to submit all the necessary documents proving your qualifications and the position details.

Malescu Law can assist

Our experienced TN visa lawyers in Miami, Florida USA can assist you to renew or extend the TN visa. We can prepare the required TN visa application and documentation, and advice on case strategy and other visa options.

Contact us or book an appointment.

We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.

Legal Notice: The information provided in this article constitutes the author’s conclusions and opinions developed in the author’s capacity as a Board Certified attorney, licensed in the State of Florida. The author and this website expressly prohibit the use of this material, including any of our audio, video, chat, images, text or other information provided to train any artificial intelligence (AI) models or to be used or transmitted by such AI models in any form without the prior written permission of the author.

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