TN Visa Approval Process Overview:

• The TN visa approval process depends on citizenship (Canadian vs. Mexican), and the TN visa application filing process utilized.

• Individuals may be approved for TN visa work authorization status for up to a 3-year period. 73 Fed. Reg. 61,332 (Oct. 16, 2008).

Filing Initial TN Visa Application At Border (Canadians Only):

• A Canadian citizen receives a decision on the TN application at the time of presentation at a U.S. port-of-entry.

• If the application is approved, CBP will issue an I-94 Arrival-Departure Record, which provides the date the employment authorization and period of TN status expires. 8 CFR 214.6 (e).

• The I-94 record is the principal document evidencing a Canadian citizen's authorization to travel to, and work in the U.S. under TN visa status.

• Provided an applicant satisfactorily establishes the need for his/her services in the United States, CBP will issue an I-94 record valid for a 3-year period. (In October 16, 2008, USCIS extended the authorized period of stay for TN visa status from 1 year to 3 years.)

• If an individual’s passport is valid for less than 3 years, CBP will issue an I-94 record with an expiration date coinciding with the expiration of the passport. INA § 212(a)(7)(B)(i); Inspector’s Field Manual § 15.2.

  • In most cases, CBP will issue a new I-94 card for the duration of the initial TN approval period after the individual has returned to the border with a new passport.

  • However, currently policies on this differ from port to port.

• Note: CBP is in the process of phasing out its paper I-94 form and is moving to an electronic I-94 record system.

Filing Initial TN Visa Application By Mail (Canadians Only):

• Canadian citizens who file for their initial TN by mail using form I-129 will be issued an I-797B approval notice valid for up to 3 years.

• Individuals must then present this form at a U.S. port-of-entry in order to be admitted to the U.S. under TN visa status.

• Upon satisfactory review, a CBP Officer will then issue an I-94 record similar to the process described above.

Filing Initial TN Visa Application At U.S. Embassy/Consulate (Mexicans Only):

• Mexican citizens must first file for a TN visa stamp at a U.S. Embassy or Consulate.

• If approved, a TN visa stamp will be affixed to the applicant's passport. TN visa stamps are currently valid for only a 1- or 4-year period.

• TN visa stamp holders must then present themselves for admission to the U.S. at a U.S. port-of-entry.

• Upon satisfactory review, a CBP Officer will then issue an I-94 record similar to the process described above.

• Note the difference between a TN visa stamp and I-94:

  • The TN visa stamp only governs the length of time an individual is allowed to travel to, and seek entry to the U.S.

  • The TN visa stamp should have no bearing on the length of time an individual may be admitted to the U.S. under TN status.

  • Like Canadian citizens, Mexican citizens may also be admitted to the U.S. for up to a 3-year period.

  • However, citizens of Mexico continue to have their periods of stay improperly limited to the expiration date of their TN visa stamp (e.g. when issued a 1-year TN visa stamp).

Re-admission To The U.S. Under TN Visa Status:

• Canadian Citizens:

  • Canadian citizens may be readmitted to the U.S. for the remainder of their authorized period of TN visa status by presenting their valid, unexpired Form I-94, provided that the original intended professional activities and employer(s) have not changed. 8 CFR 214.6 (g) (1).

• Mexican Citizens:

  • In addition to presenting a valid I-94, Mexican citizens generally must also have a valid TN visa stamp in their passport in order to be readmitted to the U.S. under TN visa status.

  • Under the visa re-validation process, a Mexican citizen may be re-admitted to the United States with an expired visa stamp and a valid I-94 card in limited scenarios.

  • Visa Re-Validation: U.S. border inspectors may automatically extend the validity of an expired visa stamp so that an individual may re-enter the U.S. for the duration of his/her unexpired I-94 card. The visa re-validation provision procedure is only available under the following conditions:

    • An individual possesses a valid TN I-94 card.

    • Is visiting either Canada or Mexico for a period not exceeding 30 days.

    • Has maintained and intends to resume his/her non-immigrant status.

    • Is applying for readmission to the U.S. within the authorized period of stay (i.e. during the validity period of the I-94 card).

    • Has have a valid passport.

    • Does not need a non-immigrant waiver because of a ground of inadmissibility.

    • Has not applied for a new visa stamp while in Canada or Mexico.

    • Is not a national of a country Congress considers to support terrorism. See 22 C.F.R. § 41.112 (d).

  • Mexican citizens who entered the U.S. under a different visa category (e.g. H-1B or F-1), and then change to TN visa status from within the U.S. may be able to use their previously issued visa stamp to re-enter the U.S. under the visa re-validation procedure. See 22 C.F.R. § 41.112 (d).

• Supporting Documents:

  • While technically not required, having a copy of the initial TN application support letter available can help facilitate a TN visa worker's re-entry to the U.S.

  • Individuals who have complex cases, or who were previously denied a TN, should also travel with a copy of the documentation supplied to U.S. immigration to address any prior issue, or overcome a previous TN denial.

Revised April 29, 2023.