J-1 Visa Residence Requirement & TN Visa Extension

Written By Brian D. Zuccaro

Question: I am subject to the J-1 visa 2-year home residence requirement. Can my employer sill file an I-129 petition to extend my TN visa status by mail?

Reply: Being subject to the J-1 visa 2 year home residence requirement does not prevent your employer from filing an I-129 petition to extend your TN visa status by mail. Under 8 CFR 214.1 (c) (3), only the following groups of visa holders are prohibited from filing an I-129 extension of status petition:

  • Visitors who entered under the Visa Waiver Pilot Program.

  • C–1, C–2, C–3 visa holders.

  • D–1, D–2 visa holders.

  • K–1, K–2 visa holders.

  • Visa holders admitted for duration of status (with some exceptions).

  • Certain S visa holders.

  • Certain Q visa holders.

  • Individuals admitted pursuant to the Guam-CNMI Visa Waiver Program.

You would, however, be prohibited from applying for a change of status to a different visa classification using form I-129, e.g. if you wanted to switch from TN to another visa classification like E-2.

Brian D. Zuccaro
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