2024 TN Visa Grace Period: What You Need to Know About the 60-Day Extension

You probably already know that the TN visa is an employment-based visa that temporarily allows Canadians and Mexicans in certain professional occupations to work in the U.S. The TN visa classification means that you are given an authorized stay in TN status to work for the employer listed in your application. 

But what happens when a TN worker’s employment is terminated, whether voluntarily or involuntarily? Does the TN worker immediately become unlawfully present? Thanks to the 60-day TN visa grace period, the answer is no.

This article will discuss everything eligible nonimmigrants need to know about the TN visa 60-day grace period. Understanding this TN grace period can help TN workers remain in the U.S. legally, even after their employment ceases.

How Does the 60-Day TN Visa Grace Period Work?

The TN visa grace period is a provision by the USCIS (United States Citizenship and Immigration Services) that allows TN workers (and their dependents) to remain in the U.S. legally for some time after their TN employment ends (whether voluntarily or otherwise).

Eligibility for the 60-Day Extension

Many times, TN visa holders lose or leave their employment while their visa is still valid. The TN grace period applies to this category of TN holders.

Since the TN Visa is employer-specific, TN status should no longer be valid once TN employment ends. But with the TN visa grace period, these individuals are allowed to remain in the U.S. for up to 60 consecutive calendar days or until the end of their authorized TN validity period, whichever comes first. After this period, continued stay in the U.S. becomes unauthorized because the TN visa automatically terminates when the employment ends. 

What You Can and Cannot Do During the Grace Period

Individuals who use the grace period to remain in the U.S. after their employment ends are not allowed to work.

The 60-day grace period is a strictly transitional period during which affected individuals may find a new employer to timely file a TN visa extension, file an application to change to a new nonimmigrant status to remain in the U.S. lawfully, apply for adjustment of status, or depart the United States. 

Steps to Take During the TN Visa Grace Period

During the TN grace period, options available to individuals include:

Option 1: Apply for TN Visa Extension

Affected individuals may be able to maintain their nonimmigrant status beyond the 60-day grace period if they obtain new employment during this period and file an application with USCIS for TN visa extension.

Note: When changing employers, TN visa applicants can apply for a TN visa extension by mail with USCIS before the end of their grace period, or request a new TN visa in the same manner as they obtained their initial TN visa (at the border for Canadian nationals or at the Embassy for Mexican nationals). 

Please be aware that you cannot work for your new employer under TN status until the Consular/CBP officer approves your visa, or your extension request is approved by USCIS. 

For applicants applying for an extension with USCIS, the timely filing of the extension stops the accrual of unlawful presence, while the application is being adjudicated. That is, if a worker files their extension before the end of the 60-day period, they will not accrue days of unlawful presence while their application is pending, even if it extends beyond the TN visa grace period. 

If the extension is approved, the individual is considered to have maintained their status. But if the extension is denied, they must depart the U.S. immediately or else they will begin accruing unauthorized presence the day after the denial.

Contact TN Visa Experts for customized help for TN visa extensions!

Option 2: Apply to Change to a New Nonimmigrant Status

Affected workers can also legally remain in the U.S. beyond the 60-day grace period, if they timely file an application to change to a new nonimmigrant status with USCIS, before the grace period expires. For example, individuals can file an application to change their status to B-2 visitor, or any other nonimmigrant visa (H-1B visa, O-1 visa, L-1 visa, etc.)

Also, petition approval is not required before the end of the grace period. Applicants only need to file their petition before the end of the grace period.

Option 3: Apply for Adjustment of status

Another way for TN workers to legally remain in the U.S. beyond the 60-day grace period, is to timely file an application for adjustment of status (also known as a green card) before your grace period ends. 

In order to do so, you must be eligible to apply for permanent residence, and an immigrant visa must be immediately available to you based on your preference category. 

Please note that if you are applying for adjustment of status as the spouse, unmarried child under 21 years of age, or parent of a U.S. citizen, you are not subject to the numerical quotas and have a visa immediately available to you. All other preference categories are subject to numerical quotas on the Visa Bulletin. 

Option 4: Prepare to Leave the U.S.

If you are unable to timely find a new employer to file an extension, or you are unable to file a change of status, and you have no other lawful basis to remain in the United States, you must make plans to depart the United States at the end of your grace period. 

Legal Resources and Expert Advice

Whether it is an application for a new TN visa, an application to change to a new nonimmigrant status, or an application for adjustment of status, petitioning to maintain your legal status in the U.S. during the TN grace period can be complex and challenging.

Attempting to navigate these challenges alone can lead to the denial of your petition, or worse, having to depart the U.S. Thankfully, TN Visa Experts can help you successfully navigate the application process and maintain your legal status in the U.S. 

What Happens If You Overstay the Grace Period?

Where your employment has terminated, USCIS prohibits you to remain in the U.S. after the 60 days grace period, unless you have filed a timely application for a new TN visa, change of status, or have some other legal basis to remain in the country. 

TN Visa Overstay Consequences and Penalties

Overstaying beyond the 60-day grace period will make a TN worker accrue days of unlawful presence. Sadly, this comes with severe consequences that include:

• Deportation from the U.S.
• Barred from returning to the U.S. for periods ranging from 3 – 10 years (depending on the length of the overstay).
• Difficulty obtaining approvals for future immigration applications.
• Costly legal fees to remedy these issues. 

Avoiding Overstays with Proper Planning

With proper planning, TN workers can avoid overstaying beyond the TN grace period and accruing unlawful presence. Simple strategies to avoid overstays include:

• Always check your I-94 record (or passport admission stamp) to keep track of the date when your TN-authorized stay expires. 
• Maintain TN status throughout the validity of the visa to avoid falling out of status. 
• Ensure eligibility for any new visa transitions to be petitioned for and prepare supporting documents for your application.
• File any application for a new visa or change of status before your grace period expires.
• When preparing to depart the U.S., arrange exit flights well in advance to avoid last-minute issues.
• Consult with an immigration attorney when nearing the end of your TN-authorized stay, or as soon as the employment relationship deteriorates.

Frequently Asked Questions on the TN Visa Grace Period

See answers to common questions about the TN Visa grace period.

Can I continue working during the TN visa grace period?

No, absolutely not. You cannot work during the TN visa 60-day grace period. It is a transitional period designed to allow workers whose TN employment has ceased to apply for a new visa or change of status to remain lawfully present in the U.S.

What happens if I don’t renew my TN visa within 60 days?

If you do not submit an application to extend your TN visa or change to a new status before the 60-day grace period, you will have to depart the U.S. immediately. 

Is the 60-day grace period automatic for all TN visa holders?

No! The TN visa 60-day grace period is discretionary. It is not guaranteed. If an affected worker files a timely application for a new TN visa or change of status, USCIS could shorten the grace period or refuse to grant it.

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