Limits on TN renewal

J

joechuck7

Registered Users (C)
Are there any stats or at least anecdotal evidence on how many times (or equivalently years) a TN visa be renewed for? I'm on my third TN visa now, covering nearly 5 years. My next renewal is due in 2 years, but I'm wondering if I should strongly consider moving to H1B -- which itself is hard to do given the lottery system and number of applications.

I'd likely be renewing my TN by paper/mail, not at the border and I have a residence in Canada, with no US property ownership, if all that matters.

Apologies if this topic has been covered before; also I realize that there aren't definitive answers on this point, but am interested to hear of others' experiences or what they've heard/read.
 
There is no limit. Some on this board have been on TN for 15 years.

Owning property or not has no bearing.

There are definitive answers. You just don't know them yet.
 
Thanks. Do you mind telling me the definitive answers so I'll know them? Everything that I read suggests that it's discretionary and USCIS will exercise its own judgment on length for each case. Do you know of anyone whose been rejected due to a TN duration that was deemed too long?
 
USCIS would never deny a mail-in based on time in country. You must be referring to the CBP (the border officers), who do all kinds of things that are not legit, based on mood. but that is easily overcome.

From the NAFTA handbook

In order to further explain the temporary nature of a TN alien's entry into the United States, the definition of "temporary entry" has been clarified in the final rule providing that while there is no specific limit on the total period of time a citizen of Canada or Mexico may remain in TN status, the TN classification is nevertheless for persons seeking temporary entry without the intent to establish permanent residence. This clarified definition of "temporary entry" comports with that used by the Department of State and the intent of the Article 1608 of the NAFTA. See 22 CFR 41.59(c) (December 28, 1993).​

It is easily argued that the longer one remains on TN without attempting "establish permanent residence" (which can only mean green card) one is actually proving that they do not have this intent.

I know of no one that has been ultimately denied a TN only on the basis of longevity.
 
nelsona said:
USCIS would never deny a mail-in based on time in country. You must be referring to the CBP (the border officers), who do all kinds of things that are not legit, based on mood. but that is easily overcome.

From the NAFTA handbook

In order to further explain the temporary nature of a TN alien's entry into the United States, the definition of "temporary entry" has been clarified in the final rule providing that while there is no specific limit on the total period of time a citizen of Canada or Mexico may remain in TN status, the TN classification is nevertheless for persons seeking temporary entry without the intent to establish permanent residence. This clarified definition of "temporary entry" comports with that used by the Department of State and the intent of the Article 1608 of the NAFTA. See 22 CFR 41.59(c) (December 28, 1993).​

It is easily argued that the longer one remains on TN without attempting "establish permanent residence" (which can only mean green card) one is actually proving that they do not have this intent.

I know of no one that has been ultimately denied a TN only on the basis of longevity.
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Do you recommend renewing at the border (port of entry) or renewing by mail? The custom agents are "out to get you" and try to find some lame reason to deny you.. .like you mentioned based on their mood and such...

I believe if they deny you, you can't even enter the US because they think you will just go back to the employer and keep working? so you're stuck at the port of entry and having to go back to Canada with all your personal stuff in usa?
 
Even in your experience, you got in. They are all mood and bluster, but sometimes that really is the only way to get TN quickly.
 
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