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“As a general rule, the most successful man in life is the man who has the best information.” Benjamin Disraeli, British politician (1804 - 1881).
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NAFTA TN Visa Status
TN Visa & Green Card
Relevant Laws & More

Extension of TN Visa Status.

A TN visa professional may extend his or her status under NAFTA by filing a petition with the Vermont Service Center or by resubmitting an application at the border. Re-submitting an application at the border (port-of-entry) or airport (pre-flight inspection) is technically not an "extension of status." It's actually considered a new application. The general rule is that you cannot extend your non-immigrant status if your status has expired or if your no longer possess valid status. Once you depart the U.S., you're no longer "in status" so the application is considered a new application and not an extension.

If approved, an extension of stay may be authorized for up to one year. There is no specific limit on the total period of time a TN professional may remain in TN status, and may therefore seek an indefinite number of TN extensions.

Filing for Extension of TN Visa Status through the USCIS Service Center.

  • A TN visa professional worker may request an extension of TN status by filing Form I-129 with the prescribed fee with the Vermont Service Center. Along with the Form I-129, applicants must also submit the supplement form for Nonimmigrant classification based on a Free Trade Agreement Supplement. The base fee for this petition is $320.00.
  • Family members of TN visa professionals should use Form I- 539 to file for an extension of stay. The fee for this petition is $300.00.
  • USCIS recommends filing an application for extension of status at least 45 days before employment authorization expires.
  • Note that as of April 1, 2006, the procedures for extending TN status changed and now require that all I-129 petitions, including those seeking an extension of TN status, be filed with the Vermont Service Center. Previously, the Nebraska Service Center handled all I-129 adjudications for extension of TN status. Now all I-129 forms must be sent to Vermont where either the Vermont Service Center or the California Service Center will adjudicate the petition.
  • When extending status through the Vermont Service Center, it is important to note that the TN professional must be physically present in the United States at the time of the filing of the extension of stay. If the TN professional must leave the United States for any reasons while the extension request is pending, the petitioner may request the Service Center to cable notification of approval of the application to the port-of-entry where the Canadian TN beneficiary will apply for admission to the United States.
  • An approval for an extension of TN visa status requested through the USCIS Service Center is issued on Form I-797A, which will include an I-94 tear-off form indicating the new validity period of TN status. Read more about the I-797 Forms.

Caveat Regarding Travel While Petition for Extension of TN Status is Pending.

  •  A TN visa professional whose TN status has expired but who has filed a timely application for an extension of stay must use caution when departing the U.S. while the petition for extension is pending. While a departure in this situation will not be considered an abandonment of the extension petition, because TN status has expired the individual would not be able to re-enter the U.S. in TN status under the expired I-94. The applicant will generally have to remain outside the U.S. until USCIS approves the EOS petition. Alternatively, the applicant may seek a new TN at the border or a pre-flight inspection station. However, immigration officials may request the applicant to withdraw the pending EOS petition before they would consider a new TN visa application.

The “240-day Rule”: Continued Employment During Pending EOS Petition Despite Expired I-94.

  • A TN visa professional whose status has expired but who has filed a timely application for an extension of stay is authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. However, if the Service Center adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization will automatically terminate upon notification of the denial decision. 8 C.F.R. 274a.12 (b)(20). See also Cronin Memo, INS Standards on Employment Verification (March 10, 1998), in 3 Bender's Immigr. Bull. 308 (April 1, 1998). 

"Extending" TN Status by Applying at the Border.

  • A TN visa professional may also “extend” status at any United States port-of-entry, although the extension is generally considered a new application for TN status.
  • The application for admission must be supported by a new letter from the United States employer and include all previously submitted supporting documentation.
  • The applicant must again pay the $56.00 filing and I-94 fees.

Additional Materials:

Back to Approval, Change of Status, & Extension of TN.

Revised Jan. 29, 2008.