Depending on the circumstances, a TN Visa holder that loses their employment or fails to renew before it expires might be eligible for a grace period allowing them to remain in the US while they take action to preserve their legal status. But there are a lot of rules to consider, and breaking the rules could mean “unlawful presence.” Let’s find out how to avoid that worst-case scenario.
What are the two TN Visa Grace Periods?
In general, there are two grace periods if you are fired or lose your job while on a TN Visa. US Citizenship & Immigration Services (USCIS) has established the following grace periods in limited circumstances for TN Visa holders that find themselves unemployed:
- TN Visa 10-Day Grace Period. The TN Visa 10-day grace period allows you to prepare to depart the US or take other actions to extend, change, or otherwise maintain lawful immigration status. The grace period is calculated from the last day of your TN Visa status from your USCIS Form I-797 Approval Notice, or your I-94 admission record, whichever comes first. If you are using the grace period for a change of employer, you CANNOT work during the grace period.
- TN Visa 60-Day Grace Period. The TN Visa 60-day grace period allows you to take action to preserve your status in the US without penalty if your TN Visa status was still valid when your employment ended. The grace period is calculated from your last day of employment and cannot go beyond the expiration of either your USCIS Form I-797 Approval Notice or your I-94 admission record, whichever comes first. If you are using the grace period for a change of employer, you CANNOT work during the grace period.
What happens if I get fired or lose my job while on a TN Visa?
TN Visa status is employer-specific. This means that a TN Visa only authorizes you to work for the employer under the conditions the TN Visa was approved. If the conditions of the employment change significantly, including termination of employment, the TN Visa becomes invalid. You will need a new TN visa before starting employment with a new employer.
What happens if I fail to renew my TN Visa before it expires?
If your TN Visa has expired or is about to expire, you have a 10-day grace period to either depart the United States or file for a renewal (“Extension of Status”) with USCIS. The 10-day grace period is calculated from the last day of your TN Visa status from your USCIS Form I-797 Approval Notice or your I-94 admission record, whichever comes first.
What is “unlawful presence?”
If you are not careful you can accrue “unlawful presence” leading to long-term immigration consequences. Losing your job or failing to file to preserve your TN Visa status with USCIS within either the 10-day or 60-day grace periods could mean you fall out of legal immigration status. If you remain inside the United States beyond your authorized period of stay it can result in the accrual of “unlawful presence” and a bar from re-entering the United States. According to USCIS:
Unlawful presence is the period of time when you are in the United States without being admitted or paroled or when you are not in a “period of stay authorized by the Secretary. You may be barred from being admitted to the United States for:
- 3 years, if you depart the United States after having accrued more than 180 days but less than one year of unlawful presence during a single stay and before removal proceedings begin;
- 10 years, if you depart the United States after having accrued one year or more of unlawful presence during a single stay, regardless of whether you leave before, during, or after removal proceedings; or
- Permanently, if you reenter or try to reenter the United States without being admitted or paroled after having accrued more than one year of unlawful presence in the aggregate during one or more stays in the United States.
Failure to renew your TN Visa in a timely manner, or to depart immediately after the loss of employment, may lead to your ineligibility for future travel to the United States in any immigration status.
What should I do if I lose my job while on a TN Visa?
If you have been laid off or fired while on a TN visa, the following options generally apply:
- File for a new TN Visa through USCIS Form I-129. You will have no more than 60 days to file for a new TN Visa while applying during either the 10-day or 60-day grace period. You are not authorized to work for a new employer until you receive approval from USCIS.
- File for a change of status through USCIS Form I-539. A change of status is generally filed to change to dependant status, i.e., TD Visa, H-4 Visa, etc., or to business visitor status (B-1 or B-2).
- Depart the United States. If you are not able to find new employment or file for a change of status within the allotted grace period, you should make arrangements to depart the United States as soon as possible to avoid accruing unlawful presence.
Additional Outside Resources
- USCIS: USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs
- USCIS: Form I-797, Types and Functions
- USCBP: Official Site for Travelers Visiting the United States: Apply for or Retrieve Form I-94, Request Travel History and Check Travel Compliance
- USCIS: Unlawful Presence and Bars to Admissibility
- USCIS: I-129, Petition for a Nonimmigrant Worker
- USCIS: I-539, Application to Extend/Change Nonimmigrant Status
We Can Help!
Don’t know where to start? The TN Visa lawyers at Richards and Jurusik Immigration Law have hundreds of 5-star client reviews and more than 30+ years of experience helping Canadians and Mexicans who have lost jobs or made employment changes to obtain new TN Visas. We always start with a case assessment and offer several levels of TN Visa legal services to fit your needs.
