TN Visa FAQ’s answered by experienced Immigration Attorney

Q: What is a TN1 visa and what is a TN2 Visa?

A: The TN-1 Visa category refers to a Canadian Citizen and the TN-2 visa category refers Mexican Citizens.

Q: How long can I stay in TN Status?

A: TN Visa holders can work in the U.S. for periods of up to three years at a time. They can extend their visas in 1 to 3 year increments depending on the length of time the border officer wishes to approve your I-94 for.

Another important fact to remember is that a TN business immigration visa requires the applicant to establish “nonimmigrant intent, meaning that they must demonstrate that they do not intend to stay in the U.S. beyond their authorized employment period.

If you have been in the U.S. working in TN status for a lengthy amount of time we recommend you consult with an immigration attorney regarding your stay as to avoid any issues on your next entry.

I am a Canadian citizen working in TN status that will soon expire. How does a Canadian citizen renew TN status?

A: You have two options when it comes to renewing your TN business visa immigration status.You can apply the renewal from within the U.S. with the U.S. Citizenship & Immigration Services on Form I-129.

An immigration attorney can assist with preparing the documents required for this submission. The application fee is $325 payable to U.S. Department of Homeland Security.  Another way to renew your TN status would be to renew directly at the border.

This is helpful for Canadian citizens located near a port of entry. This process is much quicker usually, and they present the same type of application similar to applying the visa for the first time. Please contact a qualified immigration lawyer who can assist you with preparing the package for your inspection at the port of entry.

I am a Mexican Citizen in TN status. How do I renew my TN status if I am from Mexico?

A: As mentioned above Mexican citizens have the option of renewing their TN business visaimmigration status by filing a petition for extension with the U.S. Citizenship & Immigration Services on Form I-129.

An immigration attorney can assist with preparing the documents required for this submission. The application fee is $325 payable to U.S. Department of Homeland Security

If you plan on traveling abroad you may need to apply for a new TN visa stamp if your current one has expired. You will have to first schedule a visa interview appointment at a U.S. Embassy or Consulate in order to apply for a TN visa at a Port of entry.

Q:My spouse in a TN visa holder and I am a TD dependent visa holder. How can a spouse renew their TD status?

A: Dependents of TN visa holders who wish to extend their TD dependent visa status have twooptions as well. The first is that they can apply an I-539 (Application to Extend/Change Nonimmigrant Status). The application fee is $290.

If you are filing extensions for children as well please be sure to include their information on the form. The I-539 can be filed at the same time that a TN visa holder is fling an I-129 extension, or after the Extension is approved. It cannot be filed prior to the TN visa holder’s renewal or extension.

If your spouse has chosen to renew through a port of entry then you may accompany them with supporting evidence of your dependent status and extend as well. Mexican citizens will first have to renew their TD visa prior to applying for entry as a TD visa holder. The will only be granted status based on the validity of the TN holders status.

Q: I am a Canadian national visiting the U.S. ad I wish to change my status to TN-1. Can a Canadian visitor in the U.S. change to TN status without having to leave?

A: You may file an I-129 form to change your current status to TN. A petition must be submittedto U.S. Citizenship & Immigration Services. Upon approval the U.S. Citizenship & Immigration Services will grant an I-94 demonstrating the validity of the TN status.

Q: If I am a Canadian citizen do I have to apply in Canada at a Port of Entry for my TN visa?

A: No, you are not required to only apply in Canada for your TN visa. For example, say you area Canadian RN (registered nurse) who is working in San Diego, CA with a local hospital. If your TN visa will soon be expiring you may apply for an extension at a local port of entry in Tijuana.

It is best to first discuss your situation with a qualified immigration lawyer to decide which process works best for you.

Q: Can I work for two different employers while in TN status?

A: Yes you can work for more than one employer as long as you obtain TN status for each and every company you intend to work for. You may not work for any employer other than an approved TN sponsor.

Q: I have a job offer in a category not covered in the TN job list but I don’t want to quit my TN job. The employer offered to file an H-1B for part-time employment. Can I hold TN visa status and H-1B status at the same time?

A: Unfortunately the answer is No. You are not able to hold multiple visas in different categories working for different employers. You can always apply to be able to have multiple visas of one type such as multiple TN visas for working for multiple employers. You may also be eligible to apply for a Cap Subject H-1B and obtain a Change of Status for the current TN employer. Please consult with a qualified immigration lawyer as there are certain time periods when Cap Subject H-1B’s can be applied as well as specialty occupation requirements.