Monday, June 2, 2008

USA: Nonimmigrant TN Visa Proposed Enhancement

In May 2008, the USCIS notified about the Notice of Proposed Rulemaking (NPRM) which intends to increase benefits of visa holders under the TN Nonimmigrant Visa. This type of Visa is provided under the North American Free Trade Agreement (NAFTA) which include Canada and Mexico.

NPRM intends to provide;
1. An increase of a maximum increments up to 3 years to remain in the US by a professional worker from Canada or Mexico. Currently, this is limited to one year and extended each year
2. Dependents of Primary TN Visa Holder will receive the same benefit (applicable to spouses and unmarried, minor children who meet the requirements of the nonimmigrant classifications as NAFTA dependents
3. Professional worker can remain in the United States before seelking readmission or obtaining an extension of stay

TN Nonimmigrant Visa is intended for a professional worker from Canada and Mexico with a minimum of bachelor degree or appropriate professional credentials listed in Appendiz 1603.D.1 to Annex 1603 of the NAFTA and under the DHS regulations at 8 CFR 214.6(c).

Final rule will be provided as soon as USCIS has completed the period required under the Federal Register. Additional information can be found at: and

=This proposed regulation will benefit the Employer/Petitioner, the visa holder and dependents enormously. The time and efforts spent on an annual extension of stay will be redirected towards increased productivity in the work environment.

For comments and inquiries please contact: 

This is not a legal advice but for informational purposes only.

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