Extension Of The TN Visa To Three Years Automatic or New Application Required?

Question: My TN visa expires at the end of this year. I’ve heard that the U.S. government may extend the TN Visa term to 3 years. Have you heard anything regarding this? If this is true are current TN workers going to be granted an extension or will I need to renew my current visa?

Answer: DHS issued a statement on Aug. 10, 2007 announcing immigration reform measures where it plans to extend the TN visa category to three years. To my knowledge DHS has not issued any rules to implement this reform. Generally, the rulemaking process can take several months.

My instinct is that even if the administration does implement this reform, it may take some time for it to be finalized and to go into effect. In any event, I do not think the new rule would be retroactive and grant all current TN holders an additional three years.

I suspect that you would have to renew your TN. If these proposed changes go into effect by the time of your application, I presume then you would be issued a TN I-94 valid for a three year period rather than the traditional one-year period.