Increased Period of Stay for Trade-NAFTA Professional Workers

U.S. Citizenship and Immigration Services (USCIS) recently adopted a rule change increasing the maximum period of time a Trade-NAFTA (TN) professional worker may remain in the United States before they are required to seek readmission or obtain an extension of stay. The TN nonimmigrant classification is available to Mexican and Canadian nationals who have a job offer, a bachelor’s degree or appropriate professional credentials and who work in certain qualified fields outlined in the North American Free Trade Agreement. Under the new rule, TN Workers will receive a three year period of admission, instead of the one year period that was granted under the old rule. Going forward, TN Workers may also receive extensions of stay in increments of up to three years. USCIS changed the rule in hopes of reducing administrative burdens and costs on TN workers, and to benefit U.S. employers by increasing the amount of time they can employ a TN worker without having to seek an extension of status.

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