TN Visa Renewal

TN Visa Renewal

December 22, 2020 - by Melissa Subryan

There are two principle routes an applicant can take to secure a TN Visa Renewal: 1) apply at a designated port-of-entry or 2) mail in an application to United States Citizenship and Immigration Services (“USCIS”).

To be eligible for a TN Visa Renewal, the applicant must engage in prearranged business activity at a professional level for a U.S. entity. Working only part-time is not a basis for a denial but being self-employed can be.

TN Visa Renewal: POE v. Mail

Canadian citizens have the option of filing their TN Visa Renewal at either a port-of-entry or via mail in. If filing at a port-of-entry, the applicant does not need to file Form I-129, Petition for a Nonimmigrant Worker, which means they do not need to pay the I-129 filing fees. The amount of required filing fees often changes. You can find up to date filing fees here.

Processing time is also faster at a port-of-entry compared to mail in. At a port-of-entry, TN Visa Renewals are adjudicated on the spot. If filing by mail, applicants should consider premium processing to cut down the wait time. Premium processing service guarantees 15 calendar day processing of certain employment-based petitions or applications. See the following link for additional details on premium processing, including the required filing fees.

Changing or Adding Employers

Once the TN Visa is secured there may be several updates and changes that need to be made, such as changing or adding employers.

Adding employer from within the United States: An applicant may change or add employers while in the United States by filing Form I-129, Petition for a Nonimmigrant Worker, with the appropriate USCIS service center as designated on the Form I-129 instructions. A new Form I-129 is unnecessary where the TN’s jobsite is changed but the employer and the worker’s duties remain the same.

Adding employer from outside the United States: A Canadian citizen wishing to change or add employers may depart the United States and apply for readmission with DHS at the port-of-entry.

If you have a TN Visa and are considering a renewal, book your free consultation with a qualified immigration attorney who will answer your questions and present all options. The TN Visa does not have ‘dual intent’, meaning it is difficult to transition from a TN to a Green Card. If you are considering a Green Card, an alternative Visa such as an H-1B or L-1 should be considered.