The TN visa is a popular non-immigrant visa category under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA, allowing certain Canadian and Mexican citizens to work in the U.S. in designated professional roles. One of the appealing aspects of TN status is that there is no formal limitation on the total number of years it may be granted for.
TN status can be extended in three-year increments, and there is no official cap on how many times a TN visa can be renewed or extended, provided the applicant continues to meet the eligibility criteria for the classification. Extensions may be processed while the applicant is inside the U.S. by submitting a Form I-129 to U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation proving continued eligibility.
But What About Non-Immigrant Intent?
Although there is no numerical limit to TN renewals, practical challenges can arise after multiple renewals or prolonged stays in the United States. The TN visa is strictly a non-immigrant visa, meaning that the applicant must demonstrate an intent to return to their home country once the work assignment ends.
Over time, especially after multiple years of living and working in the U.S. under TN status, border officers or USCIS adjudicators may begin to question whether the applicant truly maintains the required non-immigrant intent. This is particularly true if the applicant appears to have become permanently settled in the U.S., for example, by maintaining long-term housing, enrolling children in school, or having minimal ties left in their home country.
Unlike dual-intent visas such as the H-1B or L-1, which allow an applicant to hold non-immigrant status while also pursuing permanent residence (a green card), the TN visa does not permit dual intent. For this reason, the temporary nature of a TN applicant’s stay is scrutinized more strictly compared to other visa types like the O-1 (Extraordinary Ability) or E visa (Investor or Trader), which also offer greater flexibility regarding long-term plans in the U.S.
Strategic Planning for Long-Term U.S. Stay
If you are currently on TN status and have already renewed it multiple times—or if you are planning to stay in the U.S. for an extended period—it may be time to start considering other visa options. Transitioning to a visa classification that permits dual intent or is less scrutinized for temporary intent can offer greater security and peace of mind.
Some of the most common strategies include:
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Switching to H-1B or L-1 status, which support dual intent and can accommodate a long-term immigration strategy, including a green card process.
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Transitioning to O-1 or E visa categories, which are less restrictive regarding non-immigrant intent.
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Pursuing a green card directly, such as through an EB-1A Extraordinary Ability, EB-1C Multinational Executive, or EB-2 National Interest Waiver (NIW) pathway, if you qualify or have an employer willing to sponsor your petition.
Need Help Navigating TN Status or Exploring Other Options?
At Scott Legal, P.C., we’ve helped countless professionals successfully navigate the TN visa process—and we can help you chart a clear path forward if you’re considering long-term options in the United States. Whether you are seeking to extend your TN status, transition to a new visa, or explore green card options, our team is here to guide you through each step of the process. Schedule a consultation with us today to discuss your unique situation and find the best immigration strategy for your future.
