Those who are in TN status may renew their TN status for three yearsbefore the end of their initial TN validity period. There is no limitation on how many three-year renewals an alien in TN status may obtain. For more information on renewing a TN visa, please click USCIS Web Site.
In general, an alien may apply to extend their stay in the United States if:
The following are the renewal procedures for a TN non-immigrant:
TN-1: Canadian Professionals
The Canadian professional may apply for a TN-1 renewal on a form 1-129. He or she must also submit all documents required to obtain TN-1 status in order to obtain a renewal. Essentially, a renewal application is treated like a new petition. The application fee is $325 each time an applicant applies for a renewal.
The Canadian professional on TN-1 status can avoid the $325 application fee and wait time by travelling outside the US and applying for a renewal directly at the border, where they would only have to pay a $56 filing fee. In this instance, an I-129 application with the USCIS is not necessary and they would simply present a job offer letter, their Canadian passport, and any other necessary supporting documentation to the interviewing immigration officer at the border (in the same way they would have if applying for the visa for the first time).
TN-2: Mexican Professionals
A Mexican national may also apply for the TN-2 renewal on a form 1-129, along with submitting all the necessary documents required to obtain TN-2 status. This would include a Labor Condition Application (LCA). Essentially, a renewal application is treated like a new petition.The application fee is $325 each time an applicant applies for a renewal. Unlike the TN-1, the Mexican professional on TN-2 status does not have the option of traveling to the border to renew their TN-2 status, as Mexican nationals have a visa requirement that Canadian nationals do not. In other words, they must renew their status while physically present in the United States through an I-129 application.
TD: Dependents of TN
Generally speaking, dependents of TN status holders who are in TD status apply for renewal on an I-539 (Application to Extend/Change Nonimmigrant Status). If filing for more than one dependent, then a supplement 1 must be attached to the I-539. The application fee is $290. Please note that the I-539 must be filed simultaneously with the I-129. Dependents of Canadian professionals on TN-1 status can avoid the extensive application fees by applying for renewals at the border. The only fee involved in this scenario would be a $56 filing fee.
For more information on extension of status, please click here.
(Updated by 10/10/2012 by AG)
For more information on the TN category, please click one of the following links: