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Department of Homeland Security Increases its Stay for TN Visa Holders


The USCIS will publish a rule in tomorrow’s Federal Register increasing the maximum period of admission for TN Nonimmigrants from one year to three years.

TN nonimmigrants are professionals admitted to the United States under the North American Free Trade Agreement. As a general matter, TN nonimmigrants must have an offer of employment in the United States in one of more than seventy professional occupations, from Accountants to Zoologists, and must document that they have a residence in either Canada or Mexico to which they intend to return. TN status is only available to citizens (not landed immigrants) of Canada or Mexico, but for those citizens, it provides a quick option for obtaining employment authorization in the specified occupations.
One drawback of the TN category has been the limited time during which TN can pursue his or her employment in the Untied States. Previously, a TN nonimmigrant was required to travel outside of the United States and reenter, or seek an extension of status in the United States, once every year. Due to the change in the rule, TN nonimmigrants will now be admitted for periods of up to three years at a time.
The new rule does not add any categories of occupations to the TN category, but it does make it more useful for those professionals employed in occupations approved under the North American Free Trade Agreement. A list of those occupations can be found here.
If you have further questions regarding the new rule for TN nonimmigrants, please contact one of the firm’s attorneys.

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