May 16, 2008

USCIS Proposes Rule to Extend TN Status to Three Years

On May 9, 2008, USCIS proposed to increase the maximum allowable period of admission for the TN non-immigrant status from one year to three years. The proposed rule also allows TN applicants to be granted extensions of stay in three year increments. The proposed rule does not, however, extend the ability to simultaneously work in temporary TN status while seeking permanent residence status, as the H-1B classification does.

As a background, pursuant to the North American Free Trade Agreement (NAFTA), Canadian and Mexican citizens are eligible to enter the U.S. and work temporarily in professional occupations under the TN category. TNs are available to certain categories of professionals, including accountants, engineers, pharmacists, scientists, and teachers. Unlike the H-1B, the other highly-skilled worker visa category, TNs are not subject to a quota and TN applicants may extend their TN status indefinitely, in one-year increments.

Currently, USCIS regulations provide that TN applicants may be admitted to the U.S. for a period not to exceed one year, with the ability to apply for one-year extensions through USCIS or at a port-of-entry. While TN applicants may apply for extensions indefinitely, as long as they continue to work for a U.S. employer in a professional occupation, the annual preparation and submission of documents and payment of filing fees is burdensome on employees and employers. Many employers with Mexican and Canadian employees still choose to sponsor those employees for H-1B visas, in order to obtain three years of work authorization, as opposed to the one year limit on TN status.