May 6, 2008 - USCIS announced today that it is publishing a proposed rule to increase the maximum amount of time a TN professional worker can remain in the United States before seeking readmission or applying for an extension of status. The proposal will extend the maximum time of admission of a TN professional from one year to three years - the same time as an H-1B specialty occupation worker. The proposed rule will also grant an extension of stay for a period of up to three years, as opposed to the current maximum of one year.

TN status is currently available to Canadian and Mexican citizens who possess a minimum of a bachelor's degree (or appropriate professional credentials) and who work in a profession covered by NAFTA. Eligible TN professions include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists and teachers.

The proposed rule will ease administrative burdens and costs on TN nonimmigrants and benefit U.S. employers by increasing the amount of time beneficiaries are allowed to remain in the U.S. under a TN. The proposed changes would also apply to the spouses and unmarried, minor children of TN nonimmigrants as NAFTA dependents.