U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN nonimmigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.
The TN nonimmigrant classification is a visa category available to eligible Mexicans and Canadians with at least a bachelor’s degree or appropriate professional credentials who work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA), Qualified professions identified within NAFTA include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists, and teachers.
This final rule will ease administrative burdens and costs on TN workers. It will also benefit U.S. employers by increasing the amount of time TN nonimmigrants will be able to work for them before having to seek an extension of status. Spouse and unmarried minor children of TN nonimmigrants in their corresponding nonimmigrant classifications will also benefit from the new regulation.
Please note that the proposed rule regarding the three year TN visa was finalized on October 15, 2008 and implemented on October 20, 2008 at the U.S. Customs and Border Protection (CBP) Detroit tunnel port-of-entry. It is unclear at this time whether all CBP port-of-entries are implementing this new rule.
This item is for informational purposes only, and should not be considered legal advice. Should you have any questions or concerns in regard to obtaining a TN visa, please contact our office for further assistance.
The staff of KRA Immigration Law Group
