Finnan, Fleischut & Associates

Permissible TN Stay Extended From 1 Year to 3 Years

In May 2008, USCIS announced its intention to promulgate a new regulation to increase the period of time that can be granted to a Trade- or Treaty-NAFTA (TN) professional worker from Canada or Mexico can remain in the U.S. before seeking readmission or obtaining an extension of stay from the one (1) year to three (3) years.  The proposed rule would also grant extensions to eligible TNs in increments of up to three (3) years, up from the current maximum of one (1) year.  The new periods of allowable stay would also apply to dependent spouses and minor children (those holding TD status). 

Now, in October 2008, USCIS has adopted a final rule that implements the above changes, with a stated goal to alleviate some of the costs and administrative burdens on employers, TN applicants and counsel, as well as border officials and USCIS.  The new rules will reduce the potential for interruption in employment that may occur from foreign travel requirements or unforeseen delays in processing times.  The TN period of stay is now more consistent with that of the H-1B professional worker. 
Review of the TN nonimmigrant category

TNs are available to nationals of Canada and Mexico who seek to enter the U.S. in one of the professional occupations enumerated on the NAFTA list, and who possess the specified qualifications for that profession.  Computer Systems Analysts, Engineers, Accountants and Scientists of varying specialty are among the limited types of eligible TN professions.  Until adoption of this final rule, admission in TN