Chapter 4 - Extension of Stay and Change of Status

A. Filing

Both Canadian and Mexican citizens can be admitted, granted extensions of stay, or granted change of status as a TN or TD nonimmigrant in increments of up to 3 years. There is no limit to the number of times a Mexican or Canadian citizen can be granted TN or TD status, provided he or she intends to remain temporarily in the United States as a nonimmigrant.^[1]

If requesting an extension of stay in the United States, a Mexican or Canadian must apply for an extension of TN^[2] status or a change of status from another nonimmigrant classification to TN status by filing a Petition for a Nonimmigrant Worker (Form I-129).

Applicants seeking to extend or change their status must file the appropriate form according to the instructions at the time of filing.^[3]

B. Evidence 

1. Change of Status

Unless otherwise limited by statute, a citizen of Canada or Mexico currently in the United States in another valid nonimmigrant classification may request a change of status to TN.^[4]

If requesting a change of status to TN, the alien must submit evidence demonstrating that he or she will be engaged in business activities at a professional level and that he or she possesses the required professional qualifications.^[5] Acceptable evidence may include, but is not limited to, the following:

• A letter from the employer in the United States indicating an offer of employment, the activity to be engaged in, the anticipated length of stay, and the arrangements for remuneration;
• A copy of the alien’s last two pay stubs and Wage and Tax Statement (IRS Form W-2), if employed in the United States; and
• Evidence the alien meets the educational or licensing requirements (or both) that apply to the relevant profession or occupation.

2. Extension of Stay

If requesting an extension of stay in TN classification, the alien must submit evidence, such as a letter, describing the continuing employment and evidence of his or her continued valid licensing (if required by the profession or the state or both).

Footnotes 

[^ 1] See INA 214(b).

[^ 2] Even though the United States-Mexico-Canada-Agreement (USMCA) replaces the North American Free Trade Agreement (NAFTA), the USMCA retains all substantive elements of the former NAFTA, and the United States continues to use the TN designation for NAFTA and USMC professionals.

[^ 3] See 8 CFR 103.2(a)(1).

[^ 4] See INA 248. If the alien is in the United States as a nonimmigrant specialty occupation worker (H-1B) or intracompany transferee (L-1), he or she may change to TN classification if otherwise eligible, without regard to the maximum time limits for those classifications. A Canadian who is a nonimmigrant exchange visitor (J) subject to the 2-year foreign residence requirement may not change to TN classification but may leave the United States and seek readmission as a TN nonimmigrant.

[^ 5] See NAFTA Annex 1603, Section D, Professionals and Appendix 1603.D.1.