Understanding TN Visa Validity for Canadians: When Does My Status Expire?

The TN visa, is a vital non-immigrant status available to Canadian and Mexican citizens employed in certain occupations in the U.S. and it comes with a very nuanced validity period. Understand the pivotal factors that play a role in determining the duration of your TN status.

1. Defined Dates of Employment 

  • Your TN support letter will provide a defined term of employment that determines the duration of your status. The maximum duration that can be requested is a period of 3 years.
  • A blanket offer without a specified timeframe may not suffice for CBP or USCIS approval.
  • If your employer does not require your services for a full 3 years, your employer may indicate a shorter time period in the support letter. Your TN status will be limited to that time period.

2. Contract

  • If your services are being engaged through a contractual relationship with a US company, your TN visa validity period could be determined by the duration of that contract.
  • The duration of the contract directly influences the length for which your TN status can be approved.
  • The contract is required to have explicit contract start and end dates for CBP to determine TN visa status.

TN Visa Stamp Duration and Passport Validity: Clarifying Scenarios

While CBP Officers can approve TN visa status for up to three years, the alignment with passport expiration introduces additional considerations.

1. Validity Aligns with Employment/Contract Duration

  • If your passport validity matches or exceeds the employment offer or contract duration, CBP can admit you for the full duration of your TN. Always check your I-94 online each time you enter the U.S. to ensure that you do not overstay your validity period.

2. Validity Shorter than Employment/Contract Duration

  • If your passport validity ends before the requested TN eligibility period, CBP can only admit you until the passport expiry date. You will need to obtain a new passport and leave the US and reenter, before you can be admitted for the duration of your TN eligibility.

Conclusion

A comprehensive understanding of TN visa validity, and the intricacies that govern its duration, whether influenced by employment offers, contractual terms, or passport validity, is key to ensuring ensure compliance with CBP regulations.

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