Skip to main content

TN FAQ

Please visit the TN NAFTA Professional section for general information about the TN classification.  This section contains answers to specific TN situations. Questions and answers in this section are in no particular topic order.

Q: What path for employment-based permanent residency do I have if I'm in the U.S. in TN status?

A: A common path is to change from TN to H-1B status, since the H-1B allows dual-intent.

Q: Is there a grace a period for a TN worker?

A: There is no grace period. You are out of status when you stop working.  Talk to an immigration attorney right away.

Q: What are the key differences between the TN and H-1B classifications?

A:

Wage: TN does not have prevailing wage requirement.

Validity Period: TN can be extended indefinitely.

USCIS Approval for Application Abroad: TN does not require USCIS approval for TN application from outside the U.S.

Dual Intent: TN does not allow you to process a green card application while you're in the U.S. in TN status.

Filing Fee: TN does not require the $500 Fraud Prevention and Detection fee.

Portability: TN is not covered the portability provision, meaning that you need approval to be able to change TN employer or begin a concurrent TN job.