Can You Travel on a TN Visa?
The TN visa is an employment-based visa that allows Canadians and Mexicans in certain professions to enter the U.S. for work. Individuals who successfully obtain a TN visa are authorized to live and work in the U.S.
It’s no secret that TN visa holders living and working in the U.S. may want to visit their home country from time to time. For this reason, people often wonder whether there are TN visa travel restrictions.
Can TN visa holders living in the U.S. travel out of the country? How often can they travel out of the country? How long can they remain outside the country when they travel? This article will answer these questions and more.
TN Visa Travel Restrictions: What You Need to Know
The TN visa is a multiple-entry visa. This means that individuals in the U.S. on TN visas can travel outside the country, and re-enter throughout the visa’s validity period without restrictions.
Essential Documents for TN Visa Travel
TN visa holders in the U.S. who travel out of the country would not have problems re-entering if they have the right documentation.
Required Documentation Checklist
The main document that TN holders traveling out of the U.S. should carry to ease their reentry is their most recent I-94 Arrival/Departure record as proof of their TN visa status.
The TN regulations 8 (CFR 214.6(g)(1)) says that an “alien may be readmitted to the United States in TN classification for the remainder of the authorized period of TN admission…, without presentation of the letter or supporting documentation…, provided the original intended professional activities and employer have not changed.”
This means that a valid, unexpired I-94 arrival/departure record alone is usually sufficient for readmission into the U.S. after temporary foreign travel.
In some instances, the immigration officer may want to determine that the TN holder’s original professional activities and U.S. employer have not changed. For this reason, TN holders seeking readmission may want to carry the following documents:
- Employment verification letter: This is a letter from the TN holder’s employer. It confirms that the individual is still actively employed with the employer.
- Educational credentials: These documents support the TN profession by showing that the TN holder qualifies for their position.
- Recent pay stubs: This confirms that the TN holder still maintains their TN employment.
Maintaining Valid TN Visa Status While Traveling
When traveling (especially outside the U.S.), TN holders must ensure they maintain their TN status by:
- Maintaining employment: Since the TN visa is employer-specific, TN visa holders can only work for the employer listed on their original TN application. Thus, TN holders traveling must ensure their employment with their TN-approved employer remains intact. They must not take up employment with other U.S. companies, even in a freelance capacity.
- Adhering to visa terms: When outside the country, TN visa holders must not engage in professional activities not related to their jobs.
- Ensuring continuous employment. Gaps or breaks in employment could raise questions about whether an individual is still eligible for TN status. TN holders should avoid gaps in their employment by avoiding extended stays away, or having a letter from their employer explaining an extended stay away.
TN Visa Travel Outside US: Complete Guide
TN visa holders working in the U.S. can travel to their home countries (Canada or Mexico). Reentering the country is a straightforward process that requires presenting the unexpired I-94 arrival/departure record. To avoid complications during reentry, TN visa holders should consider carrying supporting documentation like proof of their Canadian or Mexican nationality, an employment verification letter from their employer proving continuous employment, their recent pay stub, and their credentials.
Time Restrictions for TN Visa Travel
How long can TN holders stay away when they travel outside the U.S.?
Maximum Duration for International Travel
While there is no “maximum duration for international travel” for TN visa holders, the length of your foreign travel should not jeopardize your TN-authorized employment. For instance, any foreign travel should be pre-arranged with your employer.
Extended absences should generally be avoided, since these may require greater scrutiny by U.S. border inspectors such as requesting additional supporting documentation to confirm that you are still employed with the TN-authorized petitioner, in the same capacity.
How Travel Duration Affects Your TN Visa Status
While there are no time limits on how long a traveling TN holder can remain outside the U.S., as mentioned, extended absences can impact the level of scrutiny you receive when seeking to reenter the U.S.
When a TN holder reenters the U.S. after only a short time away, there is less doubt about whether they are still actively employed in the TN-approved role. Staying away for extended periods raises questions about whether the TN holder is still employed with their TN employer and in the same capacity. For this reason, following extended absences from the U.S., TN holders usually face stricter scrutiny when seeking readmission.
Planning Around TN Visa Restrictions
Planning around TN visa restrictions can help TN visa holders avoid issues during reentry. They should:
- Keep travel duration reasonable: Extended absences lead to increased scrutiny when reentering. For this reason, TN holders should keep travel durations to days or a few weeks (as opposed to many weeks or months).
- Explain extended stays. If a TN visa holder needs to travel out of the U.S. for an extended period of time, they should obtain a letter from their employer explaining the absence. This letter removes doubts as to whether the individual still maintains their TN-approved employment.
Special Circumstances in TN Visa Travel
There are certain circumstances that may require additional preparation to avoid complications during reentry. These include emergency situations, business travels, and travel of dependents.
Emergency Travel Procedures
TN visa holders can travel out of the U.S. to attend to emergencies (such as a family crisis). Reentry into the U.S. will not be an issue when presenting the unexpired I-94 arrival/departure record. To avoid complications during reentry, TN visa holders should consider obtaining a letter from their TN-approved employer stating that they were given permission to travel for an emergency.
Business Travel Guidelines
TN visa holders can travel for business reasons, such as client meetings. Their TN visa remains valid as long as the business travel aligns with the scope of the TN holder’s employment.
They can reenter the U.S. at any time with their unexpired I-94 arrival/departure record. However, they should also consider obtaining a letter from their employer explaining how the trip aligns with their TN-approved job duties.
Family Member Travels
Dependents of TN visa holders (such as spouses and children) can travel within and outside the U.S. on their TD visa. However, their status is dependent on the primary TN visa holder.
As long as a TN visa holder maintains their TN status, their dependents can reenter the U.S. by presenting their unexpired I-94 arrival/departure record. They may also want to carry supporting evidence like the recent pay stub of the TN visa holder.
Navigating TN Visa Travel Restrictions: Expert Tips
By planning your travels, carrying the proper documentation, and preparing for border interviews, TN visa holders can engage in temporary foreign travel without complications and successfully reenter the U.S.
Strategic Travel Planning
TN visa holders planning to travel out of the U.S. should check the expiration of their TN visa to ensure that their status is valid when they seek to reenter the U.S.
Managing Travel Documentation
TN visa holders planning to travel out of the U.S. should carry a complete set of “reentry” documentation. In addition to their unexpired I-94 arrival/departure record, they should consider carrying their passport, supporting letter from their employer, credentials, and recent pay stubs. These documents should be well organized and readily accessible upon re-entry.
Successfully Crossing Borders on TN Visa
TN visa holders seeking to reenter the U.S. should prepare for questioning at the border, especially after a long absence. Border Inspection Officers will want to know whether the TN visa holder has maintained continuous employment with their U.S. employer.
Individuals should be prepared to explain the purpose of traveling and demonstrate the continuity of their TN-approved employment.
Contact TN Visa Expert for expert guidance about how to answer questions when reentering the US.
FAQs about TN visa travel restrictions
Can I travel while my TN visa is being renewed?
No. If an individual travels out of the U.S. while they have a pending I-129 Extension filed with USCIS, they will be abandoning their TN extension application. This means their application will be denied, and they’ll have to apply for a TN renewal at a U.S. Port of Entry (Canadians) or a U.S. Consulate or Embassy in Mexico (Mexicans).
Do I need a visa to return to my home country?
Absolutely not! TN visa holders in the U.S. do not need a visa to travel back to their home countries. With a proof of citizenship document (like a passport), they can return to their home country at any time.
Can my dependents travel separately from me?
The status of TN visa dependents is tied to that of the TN visa holder. These dependents can travel separately as long as they have their valid TD visas and documentation for re-entry.
What happens if I stay outside the U.S. too long?
There are no rules about the duration of travel when on a TN visa. However, if traveling TN visa holders stay outside the U.S. for too long, Border Inspection Officers may question whether they still maintain their TN-approved employment. This leads to increased scrutiny when seeking reentry.
Can I work remotely while traveling on a TN visa?
The TN visa allows holders to work for only the sponsoring U.S. employer during the visa’s validity, whether from the employer’s U.S. office or remotely while traveling. Thus, TN holders can work remotely while traveling as long as the work is for their TN-approved employer and consistent with their TN visa role.
How does travel affect my TN visa status?
Travel does not affect TN visa status as long as the visa holder maintains their TN-approved employment. However, long travel duration can raise questions about whether the individual is still in active employment with their TN employer, increasing scrutiny during reentry.
Author Jacob Sapochnick serves as the Managing Partner/CEO of a prominent law firm that focuses on immigration law. Boasting an extensive legal background spanning over a decade, he adeptly merges his enthusiasm for law with cutting-edge technology to aid clients worldwide in their journey to immigrate to the United States.