USCIS Increases Period of Stay for Trade-NAFTA Professional Workers from Canada and Mexico

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) has increased the maximum
period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the
United States before seeking readmission or obtaining an extension of stay. This final rule changes the
initial period of admission for TN workers from one to three years, making it equal to the initial period
of admission given to H-1B professional workers. Eligible TN nonimmigrants may now be allowed to
receive extensions of stay in increments of up to three years instead of the prior maximum period of
stay of one year.

The TN nonimmigrant classification is visa category available to eligible Mexicans and Canadians
with at least a bachelor’s degree or appropriate professional credentials who work in certain qualified
fields pursuant to the North American Free Trade Agreement (NAFTA). Qualified professions
identified within NAFTA include, but are not limited to, accountants, engineers, attorneys,
pharmacists, scientists, and teachers.

This final rule will ease administrative burdens and costs on TN workers. It will also benefit U.S.
employers by increasing the amount of time TN nonimmigrants will be able to work for them before
having to seek an extension of status. Spouses and unmarried minor children of TN nonimmigrants in
their corresponding nonimmigrant classifications will also benefit from the new regulation.

This improvement to the TN nonimmigrant category was initially announced by Homeland Security
Secretary Michael Chertoff and Department of Commerce Secretary Carlos Gutierrez on Aug. 10,
2007. The effort is one of the 26 initiatives identified by President Bush’s Administration to address
current immigration challenges using the tools and authorities available under existing law.

For more information on the TN nonimmigrant visa program or to view the final rule, visit the USCIS
Web site or call the National Customer Service Center at (800) 375-5283.

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(10/16/2008)

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