Tn visa

Embarking on the journey to change your nonimmigrant status from a TN visa to another category involves a series of crucial steps. Ensuring a seamless transition requires a comprehensive understanding of the process and meticulous attention to detail.

1. Key Considerations Before Changing TN Visa Status:

Before initiating a change in TN visa status, consider the following key points:

  • Avoid leaving the U.S. while your USCIS petition is pending to prevent abandonment and denial.
  • File Form I-539A for dependents to transition their status to TD dependent status.
  • Be aware that changing visa status may impact work authorization.

2. Are You Qualified to Change Your TN Visa Status?

To be eligible for a change in nonimmigrant status from TN, ensure the following:

  • Currently hold a valid TN visa in the U.S.
  • Your TN status is within its validity (check I-94 Arrival/Departure record).
  • Adherence to all conditions of TN status.
  • No criminal convictions that render you ineligible.

3. Determine Your Eligibility for the New Visa Category:

Identify the desired visa type and confirm your eligibility by meeting the specific requirements for that category.

4. File Form I-129 or Form I-539:

Choose the appropriate form based on whether you’re an employer petitioning for an employee or an individual applying for a different status. File Form I-129 for employer-sponsored changes and Form I-539 for self-initiated changes.

5. Submit Supporting Documentation:

Provide documents verifying your eligibility for the new visa category. The required documentation varies depending on the chosen visa type.

6. Pay the Appropriate Fees:

USCIS mandates filing fees for Form I-129 or Form I-539. Check the current fee amounts on the USCIS website and ensure timely payment.

7. Wait for a Decision from USCIS:

After submitting your application, patiently await USCIS review. Processing times vary, and the decision hinges on factors such as visa category and application volume. If your I-94 expires during the pending period, you typically won’t accrue unlawful presence, but a denial may necessitate immediate departure.

Navigating the transition from a TN visa to another U.S. visa type demands meticulous planning and adherence to USCIS guidelines. Seeking professional guidance and staying informed about the latest updates can enhance the efficiency of this process.


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