TN Visa Restrictions
Have you been offered a job in the United States? If you’re a Canadian or Mexican citizen, you may be eligible for a TN visa. TN, or Trade NAFTA, is an arrangement under the North American Free Trade Agreement (NAFTA). This nonimmigrant employment visa allows Canadian and Mexican citizens in certain professions to work in the US.
TN status is one of the fastest, easiest US work authorizations available. However, some restrictions still apply.
You Must Maintain Your Visa Status
Under US immigration law, nonimmigrant employees who fail to maintain their TN status can be deported. This means if you stop working for your US employer, you’ll be asked to leave the country. If things escalate to this point, you could become ineligible to request an extension or change of status. Be aware that you may be exempt from deportation if you’re involved in a strike or labor dispute that prevents you from working temporarily.
You Must Leave the US or Make Corrective Measures If You Lose Your Job
If you are laid off, terminated, or voluntarily leave your job, you have 60 days or until your TN status expires, whichever comes first, to complete one of the following:
Apply for a new TN visa with another employer
File for a change of status to another nonimmigrant visa classification
Make preparations to depart the US
Family members with TD visa status are also eligible for this grace period.
You Must Leave the US If Your TN Status Expires
Unless you file an extension application, you cannot continue working or living in the US once your TN-authorized stay expires. This date should be listed on your I-94 record or passport admission stamp. If you overstay, you could end up:
Being deported
Being barred from reentering the US for up to 10 years
Having your TN visa stamps voided
Having future TN visa applications denied
Your employer could also face civil penalties or criminal prosecution for continuing to employ you after your TN status expires.
You Cannot be Self-Employed
You can’t get a TN visa if you own or “substantially control” the US company you work for. Immigration offers to assess business ownership based on whether you:
Founded or currently own and operate the company
Have sole or primary control of the business, regardless of how many shares you own
Receive most or all of the income the business generates
You Cannot Intend to Stay Permanently
A TN visa is meant for temporary workers only. You’re not allowed to use it if you intend to remain in the country indefinitely.
If you have questions about TN visa restrictions or how to apply for TN status, reach out to Hurtubise Weber Law. We’ll assist with the application process and offer advice to keep you compliant with TN visa restrictions. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers based in San Francisco and San Jose, CA.