Contents
- What is a TN Visa?
- Why Maintaining TN Status is Critical
- Consequences of Violating TN Visa Terms
- When Can TN Holders Take a Leave of Absence?
- Alternatives for Extended Absences
- FAQs About TN Leaves of Absence
What is a TN Visa?
The TN visa is a nonimmigrant visa under the United States-Mexico-Canada Agreement (USMCA), allowing citizens of Canada and Mexico to work in specific professional roles in the U.S. It is initially granted for up to three years, with the option to renew. Like other work visas, the TN requires strict adherence to the terms of employment outlined in the original petition, including job duties, work hours, and compensation.
Why Maintaining TN Status is Critical
“Maintenance of status” refers to complying with all terms of the TN visa, including fulfilling the employment responsibilities outlined in the approved petition. For example:
- If you are approved for a full-time position, you must continue working full-time.
- Extended or unauthorized absences could jeopardize your compliance.
Failing to maintain TN status may lead to:
- Ineligibility for future visa renewals or adjustments of status.
- Removal proceedings if your noncompliance is discovered.
- Reentry bans ranging from three to ten years, depending on the duration of unlawful presence.
Employers who fail to follow TN visa rules can also face legal consequences, including civil fines or other penalties.
Consequences of Violating TN Visa Terms
Failure to comply with TN visa terms can have severe repercussions for both employees and employers:
For Employees:
- Loss of TN status and future visa ineligibility.
- Inability to adjust to other visas or permanent residency.
- Deportation or reentry bans.
For Employers:
- Civil fines for failing to report changes in employment.
- Possible loss of good standing with immigration authorities.
When Can TN Holders Take a Leave of Absence?
Certain types of leave are permitted under TN visa rules. These generally involve short-term absences that do not disrupt employment obligations.
Approved Leave Types:
- Medical leave: For personal illness, injury, or disability.
- Maternity or paternity leave: In line with company policies.
- Bereavement or short-term personal emergencies.
Risky Absences:
- Extended vacations without employer oversight or USCIS notification.
- Unpaid leave unrelated to emergencies or medical needs.
Short-term, approved absences often do not require employer notification to USCIS. However, long-term absences or changes to job status (e.g., switching to part-time work) may require amending the TN petition.
Alternatives for Extended Absences
If you need an extended leave of absence that may impact your TN status, consider these options:
1. Change Visa Types
- Switch to a B-2 tourist visa for non-work purposes during your leave.
- Approval from USCIS is required before switching status.
2. Adjust Employment Terms
- Employers may file an amended petition to reflect a temporary reduction in hours (e.g., part-time work).
- For example, during the COVID-19 pandemic, some TN holders’ hours were reduced, and they continued working under an amended petition.
3. Document Changes Clearly
- Keep detailed records of any changes to your employment terms.
- Ensure that your employer approves any leave and aligns with immigration rules.
FAQs About TN Leaves of Absence
Q1: Can TN holders take unpaid leave?
A: Yes, but only for valid reasons like medical emergencies or approved family leave. Extended unpaid leave without proper documentation may violate TN terms.
Q2: What happens if my hours are reduced?
A: Your employer must file an amended petition with USCIS to change your status to part-time.
Q3: Will maternity or paternity leave affect my TN status?
A: No, maternity and paternity leave are generally permitted as long as they comply with company policy.
Q4: Can I return to my TN job after switching to a tourist visa?
A: You must reapply for a TN visa to resume employment.
Conclusion
TN visa holders must carefully manage leaves of absence to maintain their status. Unauthorized or extended absences can have lasting consequences for future immigration opportunities. Employers and employees should work together to ensure compliance and seek professional guidance when needed.
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You may have questions regarding your TN Visa status. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
