The TN visa allows qualified Canadian and Mexican professionals to work in the United States under the United States–Mexico–Canada Agreement (USMCA). One of the advantages of TN status is that it can be granted for up to three years at a time, with the possibility of renewal. However, some TN professionals are surprised when their authorized stay is approved for less than three years. This can happen for several reasons, and it does not necessarily mean there is a problem with the application.
Understanding why a shorter approval may occur and what options are available can help TN visa holders plan their employment and travel more effectively.
TN Status Can Be Granted for Up to Three Years
Under U.S. immigration rules, TN status may be granted for a period of up to three years per admission or extension.
The actual period granted depends on the details of the application, including:
- The length of the job offer
- The supporting documentation submitted
- The decision of the reviewing immigration officer
While three years is common, officers may approve a shorter period if the circumstances warrant it.
Common Reasons for Shorter TN Approvals
The Job Offer Is for a Shorter Period
If the employer support letter or employment contract specifies a shorter duration such as a one-year project or temporary assignment, the officer may limit the TN approval to match the employment period. For example, a job offer stating that the position will last 18 months may result in a TN approval for that same timeframe.
Passport Expiration
The expiration date of the applicant’s passport can also affect the length of TN admission. In many cases, a border officer will not grant admission beyond the passport’s expiration date. If the passport expires within a year, the TN status may be limited to that period. Renewing the passport before applying can sometimes prevent this issue.
Officer Discretion
U.S. Customs and Border Protection (CBP) officers and U.S. Citizenship and Immigration Services (USCIS) officers have discretion when determining the length of admission. In some situations, an officer may grant a shorter period if the documentation supports a shorter temporary need or if the officer determines a shorter admission period is appropriate based on the circumstances presented.
Supporting Documentation
If the employer’s support letter or supporting documentation does not clearly specify the duration of employment, the officer may issue a shorter TN approval. Providing clear and detailed documentation can help avoid confusion regarding the intended length of the assignment.
Can You Extend TN Status After a Short Approval?
Yes. A TN approval for less than three years does not prevent future extensions.
TN professionals may extend their status by:
- Applying for a new TN admission at a port of entry (for Canadian citizens), or
- Having the employer file a TN extension petition with U.S. Citizenship and Immigration Services (USCIS)
As long as the job continues to qualify under TN rules and the applicant remains eligible, extensions are often possible.
Checking Your I-94 Record
After entering the United States, TN visa holders should review their I-94 arrival/departure record. The I-94 record shows the date until which the individual is authorized to remain in the United States. This date—not the visa stamp or approval notice itself—determines the authorized period of stay.
Travelers can access their I-94 record through the U.S. Customs and Border Protection website.
Key Takeaways
- TN visas can be granted for up to three years at a time.
- Shorter approvals are sometimes issued depending on the job offer, passport expiration, or officer discretion.
- A shorter TN approval does not prevent future extensions.
- TN professionals can apply for extensions through USCIS or by reapplying at the border.
- Checking the I-94 record after entry is important to confirm the authorized stay.
Conclusion
While many TN professionals receive approval for the full three-year period, shorter approvals can occur for several reasons. Factors such as the length of the job offer, passport validity, or officer discretion may influence the authorized period of stay. Fortunately, a shorter TN approval does not prevent future extensions. With proper planning and documentation, professionals can often continue working in the United States through subsequent TN applications or extensions.
REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
