TN Workers Now Eligible for Three Year Admission Period

Effective October 16, 2008, DHS Regulations provide that TN status may now be granted for up to three years at a time. TN status is a nonimmigrant classification that is only available to Canadian and Mexican citizens who are employed in a specific occupational category, such as accountants, engineers, pharmacists, systems analysts, and scientists.

Historically, TN status could only be granted for one year at a time, but was renewable indefinitely as long as the TN worker could prove that he or she still intended to remain in the U.S. temporarily.  This posed a considerable burden on employers and employees who had to deal with the administrative inconvenience of renewing the TN status every year.

Only petitions or applications filed after October 16, 2008, are eligible for the new three year admission or extension period.  However, unlike H and L visa holders, TN statusholders are still not permitted to have “dual intent” (the intention to be here temporarily while simultaneously seeking permanent residence).