TN Visa Renewal and Extension: Key Procedures

The TN visa is one of the easiest work visas for Mexican and Canadian professionals looking to immigrate to the U.S. to work temporarily (Read more on What is a TN Visa?).

While the TN visa is valid for three years, it can be renewed or extended indefinitely in three-year increments.

This article discusses everything you need to know about the TN visa extension/ renewal process. Understanding how to renew the TN visa will help TN visa holders ensure that near-expiring visas do not disrupt their career trajectory.

TN Visa Renewal: What it means

TN visa renewal is the process by which Canadian and Mexican TN visa holders can renew their expiring visas to continue working in the U.S.

As mentioned in the introduction, the TN visa is valid for three (3) years. Before the expiration of the TN visa approaches, TN visa holders must apply for a renewal/extension of their TN visa status to extend their status for an additional 3 years. 

Failure to renew/extend the TN visa before the date of the visa’s expiration, means that the worker will be out of status, and must depart the United States immediately, unless they qualify for an alternative visa. 

What is the Difference Between an Initial TN Application and a TN Renewal?

The TN renewal process is similar to the initial TN visa application in many ways, but there are differences. 

TN visa holders must continue to demonstrate their qualifications for the visa when applying for a renewal. Merely having been issued a TN visa in the past, does not mean that subsequent extensions will be approved by immigration.  

The reality is that immigration officers may actually scrutinize TN visa renewal applications more than initial applications, because the burden rests on the TN visa applicant to demonstrate their qualifications and prove that their intention to remain in the U.S. is of a temporary nature. This increased scrutiny can make it more difficult to receive an extension. 

This increased scrutiny occurs partially because the TN visa is a non-immigrant visa type, which means that applicants must intend to remain in the U.S. on a temporary basis. 

When an applicant is seeking an extension, they are requesting to remain in the U.S. for a longer period of time. This puts into question whether the applicant’s intention to work in the U.S. is truly temporary in nature, which leads to greater scrutiny being applied by immigration officers during the renewal process. 

TN Visa Renewal Process

TN Visa Renewal Process includes filing Form I-129 for extension within the U.S. or reapplying at a U.S. border (for Canadians) or consulate (for Mexicans). Renewals require proof of ongoing qualifications and can face scrutiny. Delays or errors may lead to loss of status or denial.

Generally, there are two ways for TN visa holders to renew or extend their TN status. 

• Remain in the US and file an I-129 Petition for Nonimmigrant Worker with USCIS
• Depart the U.S. and request a new TN visa in the same way they obtained their initial TN visa

Option 1: Remain in the U.S. and file an I-129 Petition by Mail with USCIS

The first way for TN visa holders working in the U.S. to extend or renew their TN status is to file the I-129 Petition for Nonimmigrant Worker by mail with the U.S. Citizenship and Immigration Services (USCIS). 

This is a suitable option for TN visa holders working in the U.S. who wish to renew their TN visas without departing the country. This TN renewal process is known as applying for an “Extension of Status” (EOS) with USCIS. 

TN Visa Renewal Requirements when filing an I-129

When applying for an Extension of Status by mail with USCIS, the following requirements must be met for the TN visa renewal: 

• Prior to the expiration of their visa, the TN visa holder must sign and complete Form I-129 along with the TN supplement, and provide supporting documentation to demonstrate their continued eligibility for the TN visa. 
• The TN holder must be physically present in the U.S. at the time of filing the petition.
• The TN visa holder must have a valid unexpired passport at the time of filing the petition. If the applicant’s passport will expire within the next six months, it is highly recommended that it be renewed. 
• The individual must have maintained their TN status. That is, they must still have the U.S. job specified in their expiring TN visa. Renewal applicants must include recent pay stubs to prove they have maintained their status as a TN visa worker
• The individual’s current TN visa must be valid. The applicant must submit proof of their I-94 arrival/departure record or visa entry stamps on their passport. 

What If My I-94 Has Expired, Can I still apply for I-129 Extension?

TN holders are required to file the I-129 for an Extension of Stay before the current TN visa expires. USCIS normally denies I-129 petitions filed after the TN status (I-94) has expired.

In certain circumstances, USCIS can excuse and approve a late filing to renew TN visa if:

• The delayed filing was due to extraordinary circumstances beyond the control of the individual.
• The individual has not violated their nonimmigrant status.
• The individual is in good standing and has no removal or deportation actions against them.

What If My I-94 Expires After I Apply for I-129 Extension?

Many times, TN visa holders who file a timely petition for an Extension of Stay do not receive a decision from USCIS before their I-94 duration of stay expires. In such cases:

• The individual is allowed to stay in the US
• The individual can continue working for the U.S. employer for up to 240 days after their TN visa expires, while USCIS processes their petition, or until USCIS makes a decision on their petition, whichever comes first. 

If USCIS makes a decision on the TN visa extension petition before the end of the 240-day period, one of two things will happen depending on whether the petition is approved or denied.

• If the petition is approved, the individual can continue working in the U.S. for the duration specified in the newly approved TN visa.
• If the petition is denied, the individual’s 240-day employment authorization terminates immediately upon notification of the denial decision and the applicant must depart the U.S. immediately.

Can I Travel Out of the US While My I-129 Extension of Stay Petition Is Pending with USCIS?

No, absolutely not. If you leave the United States while you have a pending I-129 extension filed with USCIS, you will be abandoning your TN extension application, meaning your application will be denied. As a result, you would be forced to leave the United States and apply for your visa renewal at a U.S. port of entry (if Canadian) or the U.S. Consulate or Embassy in Mexico (if Mexican). 

The only exception to this rule is for those who have a valid, unexpired visa that allows multiple entries. However, even in such a situation, it is generally advised not to travel outside of the country, because if your I-129 extension is denied by USCIS while you are outside of the country, you may be subject to inspection and questioning upon re-entry which could further complicate the process. 

Before making any travel plans, you must consult with an attorney. 

I-129 Extension Processing Times

USCIS regular processing times for Form I-129 can take anywhere from 2 to 6 months to receive a decision. For this reason, applicants are advised to submit their petitions six months before their I-94 expiration and the proposed start date of their employment. 

For an additional fee of $2,805, USCIS offers a Premium Processing Service that guarantees a decision on the I-129 petition within 15 business days. This service is best for those that need a decision quickly.

Dependents of TN Holders Filing I-129 Extension 

If your dependents have accompanied you to the U.S., (spouse and unmarried children under 21), please be aware that you must also file an extension of stay for your family members by filing Form I-539 with USCIS. 

Your dependents will need to submit the same documentation they used to obtain their initial TD dependent visas and proof of their current TD visa.

TN Visa Expert’s Recommended Approach for TN Renewal by Mail

Our recommended approach for renewing the TN Visa is filing an I-129 Extension of Stay with USCIS. Our customers have preferred to use this method with favorable results. 

• To help you navigate the I-129 application process, we recommend that you review our TN Visa Expert Kit which contains a sample TN Visa Extension Letter to use as a template for your application, along with step-by-step instructions. 
• Once you have completed the Form I-129, TN supplement, and Form I-539 (for dependents), ask your employer to complete their portion of the forms. 
• Use the Lawyer Network. This service allows you to have your application reviewed by an experienced immigration lawyer. The lawyer will provide feedback and suggestions on how to improve your application to increase your chances of success. Using a lawyer from the Lawyer Network is optional, but recommended if you want to have the application you created using the TN Visa Expert Kit validated by a professional for your specific case.

Option 2: Depart the US and Apply for a New TN Visa – Same Method as your Initial Visa

The second method for TN visa holders working in the U.S. to extend or renew their TN status is to depart the U.S. and reapply for a TN visa in the same way they obtained their initial TN visa.

TN Renewal – Same Method as Initial Visa 

Application Process

The initial TN visa application process differs for Canadians and Mexicans. Therefore, renewal applicants must follow the appropriate application procedure for their country. 

For Canadian Nationals

After organizing their documents, Canadians can apply to renew their TN visa at a U.S. Port of Entry when entering the United States by simply presenting their renewal documents to the Customs and Border Protection (CBP) officers.

Canadians also have the option of renewing by filing Form I-129 with USCIS. 

Once USCIS approves Form I-129, the applicant may then apply for admission to enter the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:

• Proof of Canadian citizenship; and 
• Approval Notice from USCIS for Form I-129.

For Mexican Nationals

After organizing their documents, Mexican applicants seeking a renewal should complete the DS-160 online nonimmigrant visa application, pay the correct visa application fee, and schedule a visa interview at a U.S. Consulate or Embassy in Mexico, bringing their supporting documentation to the interview. 

TN Visa Renewal Procedure – Same Method as Initial Visa 

For an individual to renew their TN visa in the same way as they obtained their initial TN visa, they must meet the following requirements:

• The TN holder must depart the U.S. prior to the expiration of their stay (on the I-94 arrival departure record) and reapply using the appropriate procedure outlined above, depending on whether they are Canadian or Mexican nationals
• The applicant must continue to meet the eligibility criteria for the TN visa. The key requirements for the TN visa are:

• The TN applicant must be a citizen of Canada or Mexico
• The individual must have a bona fide U.S. job offer that falls under one of the qualifying professions listed in NAFTA (now USMCA).
• The applicant must have the educational and professional qualifications required for the position
• The TN applicant must intend to remain in the U.S. for a temporary period of time

TN Visa Renewal Processing Time – Same Method as Initial Visa 

The processing time varies depending on the method of the TN renewal application.

Canadians seeking TN visa renewal at the border will receive a decision immediately. The CBP Officers will review the TN petition on the spot and either approve or deny it.

When applying by mail, a decision can take anywhere from 2 to 6 months to be issued by USCIS. Those who pay for premium processing service will receive a decision from USCIS within 15 business days.

For Mexicans applying at a U.S. consulate or embassy, receiving a decision can take anywhere from a few days to several weeks.

Which TN Visa Renewal Process is Better? Option 1 or 2

Is it better to remain in the US and apply for an extension by mail or depart the U.S. and apply at the border (for Canadians) or U.S. Consulate (for Mexican nationals)?

Most applicants believe it is best to renew their TN Visa by mail to avoid a visa interview. The reality is that they may still be interviewed. When renewing by mail, an immigration officer may conduct their interview by telephone to determine their eligibility.  

That is why it is best to anticipate that an interview may be necessary, regardless of the method by which you apply. Our TN Visa Border Interview Kit will help ease any anxieties you might have regarding the border interview and help you overcome the obstacles. 

Our kit includes sample interview questions you may be asked, which we have gathered from 20,000+ successful TN Visa Kit Customers. It also guides you on how to best answer the officer’s questions. 

For Canadians, departing the U.S. and applying for your TN renewal at the border is cost-effective since it costs only $56 ($50 for the TN processing fee and $6 for the I-94 Arrival/Departure). By comparison, the cost of filing I-129 is very expensive at $1,015 plus a one-time asylum program fee of $600 or $300 for small employers.

To learn more about the USCIS filing fees, please see. 

Practical Tips for a Successful Application

To ensure a successful TN renewal application, here are some common pitfalls to avoid and best practices to follow: 

• Do not assume a TN renewal will be easy because you have been approved for a TN visa before.
• Do not assume that you no longer need to demonstrate your eligibility for the TN visa just because you have been approved before. 
• Do not assume that you no longer need a TN Employer letter which clearly shows how you qualify. 
• Do not assume that the border interview will be easier now that you are applying for a second time.
• Do not forget to show strong ties to your home country to prove your stay will be temporary. 

Some best practices for TN renewal/ extension include:

• Ensure you continue to meet the TN requirements. A TN renewal will only succeed if you demonstrate that you continue to meet the TN requirements. Before submitting your application, ensure your occupation remains eligible for the TN and your job description stays within the scope of the generally accepted job duties of professionals in your TN occupational category. 
• Ensure your TN visa employer letter is written professionally. No matter how you apply for your TN extension, you will need to include a TN employer letter. This letter should be written professionally so it helps the Immigration Officer quickly determine if you qualify for the Visa. The TN Visa Expert Kit has samples of great employer support letters in different occupational categories to help you create a winning letter.
• Be fully prepared for your interview. No matter how you apply for your TN renewal, you will have an interview. This is a guarantee for Canadians applying at the border, and Mexican nationals applying at the U.S. Consulate. However, even when applying for an extension by mail, USCIS Officers will conduct a telephonic interview to determine your eligibility. Our TN Visa Expert Kit and TN Visa Border Interview Kit will fully prepare you for whatever questions the Officers will ask. 
• Learn how to prove your intent to stay is still temporary. This is what leads to many TN denials. Ensure you can convince the Officers that your TN renewal is not a front to remain in the US permanently. We address this issue in our TN Visa Expert kit to help you understand how to prove your strong ties to your home country. 

Legal Support and Services for TN Visa Renewal 

It’s no surprise that being guided by experienced immigration professionals can help increase your chances of success when applying for your renewal. That is why we have prepared our TN Visa Expert services to prepare you for success. Unlike other immigration consultants, TN Visa Expert specializes only in TN visas.

We offer a number of specialized services to equip you with the tools you need to receive an approval. These include:

• TN Visa Border Interview Kit. This kit helps you prepare for the TN Visa Border interview so you can avoid the stress and worry of being denied. Learn what questions you will be asked, and how to best approach them. 
• TN Visa Application Platinum Edition Kit. This is an all-in-one kit providing step-by-step instructions on how to create your TN employer letter, how to successfully prepare for the border interview, how to tackle the TN renewal process, and it includes sample reference letters.
• TN Visa Lawyer Review. You can speak to a lawyer about your application and get all the support you need.

What is more, TN Visa Expert has a 100% money-back guarantee. We are so confident in the effectiveness of our services and kits that we will offer you a full refund within 90 days of purchase, if you receive a denial. 

Conclusion

The TN visa is valid for up to three years. When it expires, it can be renewed indefinitely for up to three years at a time. 

However, merely having been issued a TN visa in the past, does not mean that you’ll get approved when you apply for a renewal of your TN status.

In fact, TN visa renewals may be scrutinized more than initial applications, because immigration may doubt whether your intention to remain in the U.S. is truly of a temporary nature. That is why it is so important for applicants to be fully prepared and present a strong renewal application. 

There’s no better way to prepare than to engage the services of experienced immigration professionals who specialize in TN visas. Seek professional help at TN Visa Expert today to successfully renew your TN visa and prevent employment disruption.

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