October 22, 2008

USCIS Increases TN Status from One to Three Years

On October 14, 2008, USCIS announced the increase to the period of admission from one year to three years for Treaty National (TN) nonimmigrant professional workers from Canada and Mexico. With the implementation of this new rule, TN nonimmigrant workers and their qualifying dependents (spouse and children) may now seek initial periods of admission of up to three years, and extensions of stay in increments of up to three years for an unlimited maximum period of time.

Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican citizens are eligible to enter the United States to work temporarily in qualified professional positions, including accountants, engineers, lawyers, pharmacists, scientists, and teachers. There is no annual limit to the number of TN professional workers who can be admitted to the United States, and TN professional workers can hold TN status indefinitely.

Canadian and Mexican professional workers seeking TN status will continue to follow the same processes and procedures to apply for TN classification. Canadian citizens do not need to file a petition with the USCIS or obtain a TN visa to enter the United States. Canadian citizens must apply for admission at a U.S. port-of-entry. Mexican citizens, though not required to file a petition with the USCIS, must obtain a TN visa to enter the United States. Mexican citizens must apply for their TN visa directly with a U.S. consulate in Mexico and then seek admission at a U.S. port-of-entry.

Increasing the maximum period of stay to three years makes the TN classification comparable to the H-1B nonimmigrant classification. According to the USCIS, the new regulation will provide for a more stable and predictable workforce for prospective TN employers, and will make the TN program a more attractive alternative to the cap-subject H-1B classification that may possibly lead to freeing cap-subject H-1B slots for other professional workers. However, unlike H-1B nonimmigrants, TN nonimmigrants are required to enter the U.S. without the intent to establish permanent residence while they hold TN status and that will not change under the new regulation.