Hiring skilled talent from Canada or Mexico using a TN visa can be a smart and efficient strategy for U.S. employers. It allows professionals in approved occupations to work legally in the United States without going through long or complex visa processes.
However, one crucial detail is often overlooked during hiring and onboarding: the TN visa duration.
A missed renewal or misunderstanding of expiration dates can put the employee’s legal right to work at risk. It may also lead to costly staffing disruptions, compliance issues, and project delays. In today’s competitive market, where experienced talent makes a noticeable impact, clear knowledge of TN visa timelines and rules helps employers prevent setbacks and protect their teams.
In this guide, we explain how TN visas work, how extensions can be requested, and what employers need to know to keep their workforce uninterrupted.
What Is the TN Visa and Who Can Use It?
The TN visa allows U.S. employers to hire qualified Canadian and Mexican citizens to work in specific roles listed under the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA. It is designed for professional occupations such as engineering, science, healthcare, and teaching.
To qualify, the applicant’s occupation must be included on the USMCA-approved profession list, and they must meet the required educational or credential criteria for that role. TN status is frequently used for cross-border recruiting because it helps employers fill specialized roles quickly, particularly in fields where U.S. talent is in short supply.
What Is the Standard TN Visa Duration?
Unlike some work visas that have a fixed multi-year term, the TN visa is granted in specific increments, with a standard validity period of up to three years per approval. This initial duration is determined at the time of entry for Canadian citizens or during consular processing for Mexican citizens. It is always tied to the specific employer and job described in the TN visa application.
It is important to understand that a TN visa status is temporary, even though it may be renewed indefinitely. Employees do not receive automatic extensions. Each approved period of work authorization has a clearly defined expiration date, and it is the employer’s responsibility to track and renew it on time to avoid employment interruptions.
Key Facts About TN Visa Duration:
- Standard validity period: up to three years per approval
- Can be renewed indefinitely if the job and employee eligibility remain valid
- No automatic extensions. Renewals must be actively filed and approved
- Once expired, the employee loses work authorization immediately, even if they are still in the United States
For employers, understanding these timelines is essential for workforce planning, compliance, and uninterrupted business operations.
Understanding TN Status vs. Visa Stamp
One common point of confusion for employers is the difference between a TN visa stamp and TN status. These terms are often used interchangeably. But they do not mean the same thing, and misunderstanding them can lead to compliance mistakes.
TN Visa Stamp
For Mexican citizens, the TN visa stamp is placed in their passport by a U.S. consulate. It allows them to travel to a U.S. port of entry and request admission. Canadian citizens are visa-exempt, so most do not receive a TN visa stamp at all.
TN Status
TN status is what gives the employee the legal right to work in the United States. It is granted by either U.S. Customs and Border Protection at the border or within the United States by USCIS through an I-129 petition. The status expiration date is listed on the employee’s I-94 record, and it governs how long the employee may legally work and remain in the country.
In other words, the I-94 expiration date, not the visa stamp, is the true indicator of the employee’s active work authorization. Employers should always review and track I-94 information to avoid gaps in employment.
How Long Can Someone Stay on a TN Visa?
The TN category is considered a non-immigrant classification. That means it is meant for temporary employment, even if the employment lasts several years.
There is no official limit on TN renewals, and there is no six-year limit like there is for H-1B visa holders. As long as the job remains temporary in nature, the employment relationship continues, and the employee maintains non-immigrant intent, USCIS may approve TN renewals repeatedly.
However, repeated renewals may eventually raise questions about the temporary intent of the position. USCIS or CBP may look more closely at long-term usage of TN status, especially when employment appears permanent.
To minimize complications, it is recommended that employers maintain proper documentation, including:
- Letters confirming job duration and continued eligibility
- Updated job descriptions
- Confirmation of the employee’s qualifications and ongoing employment needs
This helps show that the employee continues to qualify under USMCA regulations, even if their stay in the United States is extended over several years.
How to Request a TN Visa Extension
There are two main ways to extend TN status: through USCIS while the employee is inside the United States. Or by having the employee travel outside the country and reapply at a port of entry or consulate.
Option 1: In-Country Extension through USCIS (Form I-129)
This is the most common option when the employee is already working in the United States. The employer files Form I-129 with USCIS to request an extension of TN status.
Key details about in-country extensions:
- Can be filed up to six months before expiration
- Allows the employee to remain and continue working while the case is pending (if filed before expiration)
- Can be upgraded to Premium Processing for faster results
- Requires updated employment letters, job description, and eligibility proof
This option is convenient for both employers and employees because it does not require international travel. However, processing times may vary, so careful tracking of expiration dates is essential.
Option 2: Renewal at a U.S. Port of Entry or Consulate
In some cases, it may be faster and more efficient for the employee to leave the United States and reapply at a U.S. border crossing (for Canadian citizens) or consulate (for Mexican citizens).
When presenting the new application, the employee will need:
- Employer support letter describing the role, salary, duties, and temporary nature of employment
- Proof of professional qualifications
- Valid passport
- Evidence of ongoing employment need
Once approved, the employee receives a new I-94 record with updated TN visa duration dates and may continue working. Mexican citizens will receive a new visa. This option is often quicker than waiting for USCIS approval. But it involves travel, scheduling, and potential logistical delays.
Early Renewal or Late Filing: What Employers Should Know
There is no automatic grace period for TN workers after their I-94 expiration date. If a TN extension is not filed before the expiration, the employee loses work authorization immediately and may need to leave the United States to reapply. In some cases, overstaying can lead to delays in future work approvals and difficulty re-entering the country.
To prevent gaps in authorization, many employers:
- Track I-94 expiration dates using HR management systems
- Set calendar alerts several months before expiration
- Work with immigration counsel to prepare extension paperwork early
Being proactive helps protect both the employee and your business from staffing interruptions and potential compliance concerns.
Can Employees Change Employers Under TN Status?
Employees can change employers while on TN status, but a new application and support letter from the new employer are required. The process is similar to the initial TN application, either through an in-country change of employer with USCIS or at a port of entry or consulate.
The support letter should clearly outline the position, duties, salary, and start date. If your business acquires another company or the employee is moving to a subsidiary or affiliate, careful planning is needed to maintain TN compliance and avoid interruptions to work authorization.
TN Visa Duration vs. Permanent Residency: Can Employees Transition?
TN status is designed for temporary work and does not officially allow dual intent. That means it is intended for professionals who plan to return to Canada or Mexico when their employment ends. Because of this, applying directly for a Green Card while on TN status can raise concerns during TN renewals, border inspections, or USCIS reviews if immigrant intent appears too strong.
However, with planning and the right timing, many TN professionals successfully transition to lawful permanent residence through employer sponsorship.
For long-term workforce planning, employers often explore strategies such as:
- Changing the employee to H-1B status before beginning the Green Card process (H-1B permits dual intent)
- Sponsoring the employee through the EB-2 or EB-3 employment-based Green Card categories after changing status
- Carefully timing immigration filings, travel, and extensions to avoid conflicts with non-immigrant intent
Because every case is fact-specific, the best approach is to review long-term goals with an immigration attorney before starting the process. When handled correctly, TN employees can transition to permanent residency without disrupting employment or creating compliance challenges.
Common Employer Questions About TN Visa Duration
Can a TN visa holder stay long-term?
Yes, as long as renewals are supported by ongoing temporary employment needs and non-immigrant intent is maintained.
How often can TN status be renewed?
There is no set limit; renewals can be submitted in three-year increments indefinitely, provided requirements are met.
Can we file an extension while the employee is traveling?
Extensions through USCIS require the employee to be physically present in the United States when the application is received. For travelers, apply at a port of entry or consulate.
Is premium processing available for TN extensions?
Yes. Premium processing speeds up USCIS decisions to 15 business days. This is applicable only to individuals filing from within the United States.
What if the employee’s passport expires before the TN visa’s end date?
The I-94 will only be valid until the passport’s expiration. Renew the passport, then apply for an extended I-94 if needed.
Need Help Sponsoring or Extending a TN Visa? Contact Our Immigration Attorneys
At 360 Immigration Law Group, we help employers and professionals navigate TN visa requirements, extensions, and long-term immigration strategies. We offer consultations in English, Spanish, and Portuguese by phone, Zoom, or WhatsApp.
Call 954-667-3660 or contact us online to speak with an immigration attorney and protect your hiring plans.