To be clear, to eliminate the TN visa and TN status, two things would have to happen. 1. A withdrawal from NAFTA The North American Free Trade Agreement is an agreement signed by Canada, Mexico, and the United States, creating a trilateral trade bloc in North America. The agreement came into force on January 1, 1994, and superseded the 1988 Canada–United States Free Trade Agreement be…North American Free Trade Agreement
Full Answer
Can a TN visa application be denied?
Otherwise, the application can be denied. Remaining in the U.S. after the effective termination date of employment or applicable grace period is considered a violation that may lead to removal, or negatively impact future immigration applications including TN visa applications.
Can a Canadian work in the US with a TN visa?
The TN nonimmigrant status allows professionals from Canada and Mexico to work in the U.S. Mexican professionals must obtain a TN visa at a U.S. Consulate or Embassy to enter the U.S. Canadian professionals can request TN status at a U.S. port of entry.
When does a TN visa worker have to leave the US?
A TN visa worker must depart the U.S. or take other corrective measures prior to the effective date of his/her employment termination, or if applicable, prior to the expiration of his/her grace period or I-94 expiration, whichever comes first.
Can a TN visa worker work during the grace period?
A TN visa worker may apply for a new TN, file for a change of status, or otherwise make preparations to depart the U.S. during this grace period. Individuals cannot work during the grace period.
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NAFTA ( TN)
The North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the U.S., Canada and Mexico. The TN nonimmigrant status allows professionals from Canada and Mexico to work in the U.S. Mexican professionals must obtain a TN visa at a U.S. Consulate or Embassy to enter the U.S.
Form I-9
When completing Section 1 of Form I-9, Employment Eligibility Verification, an employee in TN status should select “An alien authorized to work” and enter the admission number and expiration date of their status as indicated on Form I-94/Form I-94A, Arrival/Departure Record.
What happens if an employer continues to employ an individual past his/her TN visa status expiration?
If an employer continues to employ an individual past his/her TN visa status expiration, the employer can be subject to civil penalties and even criminal prosecution.
How long is the grace period for TN?
Effective Jan. 2017, a TN visa worker who fails to maintain his/her status solely due to a "cessation" of employment may be allowed a 60-day grace period or up until the expiration date of his/her I-94 record, whichever comes first. 81 FR 82398 (Nov. 2016). A TN visa worker may apply for a new TN, file for a change of status, or otherwise make preparations to depart the U.S. during this grace period. Individuals cannot work during the grace period.
What happens when an employee terminates employment in the United States?
When an individual's employment terminates in the United States, he/she is no longer maintaining status. See Matter of Lee, 11 I. & N. Dec. 601 (BIA 1966). Previously, there was no grace period in this scenario. See INS Letter, E. Hernandez (March 2001).
Can an individual obtain a TN visa?
An individual cannot obtain TN visa status for a company that he/she solely owns. 8 CFR § 214.6 (b). An individual also cannot obtain TN visa status for a company in which he/she is the controlling shareholder . Id.
Does the grace period apply to a voluntary termination?
The grace period applies even for voluntary terminations of employment : “DHS seeks to enhance worker mobility and ease the burdens nonimmigrant workers face when employment ends, either voluntarily or as a result of being laid off or terminated.” 81 FR 82398, 82466.
3 attorney answers
Yes, you can still file a COS to B-2 to get 6 months ... file just at the end of your 60 day grace period.
F. J. Capriotti III
You don't need to depart, unless you absolutely want to. With the new Regulation that went into effect January 17, 2017, you now have a 60 day "grace period" to seek other employment and/or remain in the US to properly "liquidate your affairs". If you insist on departing, you can come back at almost any time as a "Canadian...
