TN Visa – The USCIS Announces Proposed Rule to Extend Stays to 3 Years
The USCIS has published a Notice of Proposed Rulemaking that, if enacted, would increase the maximum amount of time a TN visa holder can remain in the United States before needing to renew his or her stay from one year to three years. The TN visa is a nonimmigrant visa that is available under NAFTA and it’s available to Canadian and Mexican citizens who have a minimum of a bachelor’s degree or who have appropriate professional credentials, who work in certain professions that are listed in the NAFTA regs (Appendix 1603.D.1 to Annex 1603)
Under the proposed rule, the TN visa holder would also be able to apply for extensions of stay in 3 year increments rather than the present one year increment.
The current rule that TN visa extensions can be granted indefinitely would remain the same.
This change would be a welcome, common sense change to the TN visa program. The three year stay would put the TN visa holder on par with H1B professionals who can be granted stays in 3 year increments (although H1B visa holders are generally limited to a maximum of 6 years in H1B status).
The rule change will make it administratively much easier for both U.S. employers and the TN visa holders, not to mention cheaper, too.
Here is the actual proposed rule. The USCIS will accept comments for 30 days before taking further action.
