How to apply for an extension of my TN visa?
An approval for an extension of TN visa status requested through the USCIS Service Center is issued on Form I-797, which will include an I-94 tear-off form indicating the new validity period of TN status. If approved, an extension of TN visa status may be authorized for up to 3 years. 8 C.F.R. § 214.6 (h) (1) (iii).
Is there a time limit for TN status?
You may request TN status for up to three years at a time. Although there is no time limit for TN status it does require “nonimmigrant intent” and the individual may face increasing scrutiny about their intent if they continue to extend over a period of years. Please follow the same instructions for the initial application above.
How long can you stay in TN on a visa?
There is no specific limit on the period of time an individual may remain in TN visa status as long as he/she continues to work in a TN occupational category, and meet the temporary entry requirements. 8 C.F.R. § 214.6 (h) (1). Mexican citizens: the approval of an I-129 petition does not result in a extension…
Can a Canadian citizen apply for TN status?
TN status is available to Canadian and Mexican citizens who are coming to the U.S. to engage in specified professional activities under provisions of the Trade USMCA treaty. TN sponsorship requires the scholar be:
An approval for an extension of TN visa status requested through the USCIS Service Center is issued on Form I-797, which will include an I-94 tear-off form indicating the new validity period of TN status. If approved, an extension of TN visa status may be authorized for up to 3 years. 8 C.F.R. § 214.6 (h) (1) (iii).
When did TN status become effective in the US?
In 1994, TN status became effective through the North American Free Trade Agreement (NAFTA), which superseded CUSFTA. The company seeking to pursue TN status with the prospective employee meets qualifications cited under the NAFTA treaty;
How long can a TN citizen stay in the US?
If, for example, an immigration officer determines that your TN job in the U.S. will last for only a two-year period, your Form I-94 (created by CBP and available on its website) will likely state that you will be permitted to stay in the U.S. for only two years.
Is there an I-129 extension for a TN visa?
Your new employer can file an I-129 TN extension for you, or you can apply as before at a U.S. port of entry. Either method can extend your TN status, but you should remember that all of the same timing issues and risks noted above still apply.
When to apply for a TN visa in Canada?
You avoid travel, you avoid possibly getting infected as well as avoiding a denial. Canadians can attempt to submit their application at airports or border crossing but do so with care. We have TN Visa Expert customers who have obtained their TN Visa at the border during the first week of April.
What happens if a TN visa is denied?
This means that if a TN visa worker has failed to maintain his/her status, USCIS could fully deny the I-129 petition without approving the petition on the merits. USCIS has also stated that a ”departure while a TN is pending does constitute an abandonment of the application. resulting in the TN being denied in full.”
What happens if I-129 visa is denied?
As result, if a TN visa worker departs the U.S. while his/her I-129 petition is pending, the petition may be denied in full, and the worker may have to re-apply for TN status at the border (or by mail from outside the U.S. if a Canadian citizen) or re-apply for a new TN visa stamp (if a Mexican citizen).
Can a Canadian citizen apply for a TN visa?
Canadian nationals are exempt from having to obtain nonimmigrant TN visas. As such, Canadian nationals may obtain TN status by applying directly with the U.S. Customs and Border Protection (CBP) at a Class A Port of Entry or Pre-Clearance Inspection Station. Once in the U.S., in order to change employers, Canadian nationals could either:
How can I get an extension on my TN visa?
How to Extend Your TN Visa Your employer files an I-129 extension petition with the USCIS. Your employer can only file the I-129 within six months of your visa expiring. You can also leave the United States and reapply at the border. Mexican citizens might need to get new TN visa stamps.
What are the disadvantages of having a TN visa?
If a Canadian citizen has been in TN status for several years, he or she should speak with an immigration lawyer about changing to another visa category, such as an H-1B visa. A third disadvantage to TN status is that it is more difficult to apply for an employment-based green card. The reason goes back to the “intent to return” rule.
Can You reapply for a TN visa if you are denied?
Unfortunately, in your TN visa denial letter, it should state that you do not have the right to appeal to the Administrative Appeals Office. This is usually true of all nonimmigrant visas that use the I-129 petition. Therefore, most people who receive a denial either re-apply for the TN visa or attempt to apply under a different visa.