TN Visa Grace Period Explained: Key Details and Eligibility

Key Takeaways

• The TN visa grace period provides up to 60 days for job loss or 10 days for status end without job loss.
• Recent 2025 updates increased scrutiny on job duties and eligibility documentation for TN visa applicants.
• TN visa holders must not work during the grace period without new USCIS or CBP approval.

The TN visa is a special work visa for citizens of Canada 🇨🇦 and Mexico 🇲🇽, created under the United States-Mexico-Canada Agreement (USMCA). It allows professionals in certain fields to work in the United States 🇺🇸 for a U.S. employer. One important part of the TN visa is the grace period, which gives workers time to handle changes if they lose their job or their visa status ends. As of July 2025, there have been several updates to the rules and how the U.S. government checks TN visa applications. This guide explains the TN visa grace period, who is eligible, what you can and cannot do during this time, and what recent policy changes mean for workers and employers.

What Is the TN Visa Grace Period?

The TN visa grace period is extra time given to TN visa holders if they lose their job or their visa status ends. There are two main types of grace periods:

• 60-Day Grace Period: If you lose your job while your TN visa is still valid, you can stay in the United States 🇺🇸 for up to 60 days or until your I-94 expires, whichever comes first. This time lets you look for a new job, change your immigration status, or get ready to leave the country.
• 10-Day Grace Period: If your TN visa status ends for reasons other than job loss (for example, your visa simply expires), you get 10 days to leave the United States 🇺🇸 or change your status. You cannot work during this time.

These grace periods are designed to help TN visa holders avoid falling out of legal status right away if something changes with their job or visa.

Who Is Eligible for the TN Visa Grace Period?

Not everyone with a TN visa automatically gets the grace period. Here are the main rules:

• You must have valid TN status when your job ends. If your visa has already expired, you do not qualify.
• The 60-day grace period is for people who lose their job, either because they quit or are let go. It is available once per approved TN visa period.
• Your family members (dependents) on TD visas can also stay during the grace period.
• You cannot work during the grace period unless you get approval for a new job or a new visa status.
• The grace period is not guaranteed. U.S. Citizenship and Immigration Services (USCIS) can shorten or deny it if you break the rules, work without permission, commit fraud, or have a criminal conviction.

What Can You Do During the Grace Period?

During the 60-day grace period, TN visa holders have several options:

• Find a new employer: If you get a new job offer, your new employer must file a TN visa petition with USCIS, or you can apply for a new TN visa at a port of entry with U.S. Customs and Border Protection (CBP).
• Apply for a change of status: You can apply to switch to another nonimmigrant status, such as H-1B (for specialty workers) or F-1 (for students). You must file the correct application with USCIS.
• Apply for adjustment of status: If you are eligible, you can apply for a green card (permanent residency).
• Prepare to leave the United States 🇺🇸: If you do not find a new job or change your status, you must leave before the grace period or your I-94 expires, whichever comes first.

Important: You cannot work during the grace period unless you have received approval for a new TN visa or a different status.

What You Cannot Do During the Grace Period

• You cannot work for any employer until you have new approval.
• You cannot start a new job just because you are in the grace period.
• You cannot use the grace period if you have already violated your status or worked without permission.
• You cannot extend the grace period beyond 60 days or past your I-94 expiration date.

If you break any of these rules, you may lose your grace period and could be denied future immigration benefits.

How to Use the TN Visa Grace Period: Step-by-Step

If your TN employment ends, here’s what you should do:

1. Find out your last day of work. The grace period starts the day after your job ends.
2. Check your I-94 record. Your grace period cannot go past the date shown on your I-94. You can check your I-94 online at the official CBP I-94 website.
3. Decide what to do next:
   • If you get a new job, your new employer must file a TN petition with USCIS, or you can apply for a new TN visa at a port of entry.
   • If you want to change to another visa status, file the right application with USCIS.
   • If you want to apply for a green card, start the adjustment of status process.
   • If you do not have a new plan, prepare to leave the United States 🇺🇸 before your grace period ends.
4. Do not work until you have new approval. Working without permission can cause serious problems for your immigration record.

Recent Policy Changes and What They Mean

Stricter Documentation and Application Rules

In 2025, both USCIS and CBP have made it harder to get or renew a TN visa. They now check documents more closely, especially proof of your job duties and your plan to return home after your visa ends. This means:

• You must have clear, detailed job descriptions.
• You must show you have the right degree or credentials for your job.
• Certain jobs, like Scientific Technician/Technologist and Engineer, are under more scrutiny. For example, most software or IT jobs do not count as Engineer unless your degree and job duties are clearly engineering-related.
• Supporting roles in patient care do not qualify for the Scientific Technician/Technologist category.

Where You Can Apply

• You can apply for a TN visa at any Class A port-of-entry, including both the Northern and Southern borders and any airport with a CBP post that accepts international flights.
• If you want to apply at a CBP pre-clearance or pre-flight station, it must be in Canada 🇨🇦.

Self-Employment and Third-Party Placements

• Self-employment does not qualify for a TN visa. You must have a real job offer from a U.S. employer.
• There is more scrutiny of jobs where you are placed at a third-party worksite. The government wants to make sure you are really working for the employer listed on your TN application.

Real-World Example

Let’s look at a common situation:

Maria is a Canadian citizen working in the United States 🇺🇸 as a TN Engineer. Her company lets her go due to budget cuts. Her TN visa and I-94 are valid for another 8 months.

• Maria’s 60-day grace period starts the day after her last day of work.
• She cannot work for anyone else during this time.
• Maria quickly finds a new job offer. Her new employer files a TN petition with USCIS before the 60 days are up.
• Once USCIS approves the petition, Maria can start working for her new employer.
• If Maria had not found a new job, she would have needed to leave the United States 🇺🇸 before the grace period or her I-94 expired.

This example shows how the grace period gives workers time to find a new job or make other plans without falling out of status.

How the Grace Period Affects Employers

Employers also need to understand the TN visa grace period:

• They must make sure their TN workers know the rules about job loss and the grace period.
• They must provide clear job descriptions and proof of the worker’s qualifications.
• If a TN worker loses their job, the employer should let them know about the 60-day grace period and remind them not to work until they have new approval.

Employers who do not follow these rules may face penalties or problems with future visa applications.

Expert Opinions and Ongoing Debates

Immigration attorneys and experts have mixed feelings about the current TN visa system:

• Many support updating the TN profession list to include modern jobs like data analysts and green energy specialists. The list has not changed since 1994, even though the job market has.
• Some worry that stricter rules and more paperwork could make it harder for top talent to come to the United States 🇺🇸.
• There is concern about political changes in 2025, which could lead to even stricter rules. However, because the TN visa is part of a trade agreement, big changes are unlikely.

As reported by VisaVerge.com, these debates show the need for both strong rules and flexibility to keep the TN visa program working well for everyone.

Historical Background

• The TN visa started under NAFTA and continues under USMCA.
• The 60-day grace period was added in 2017 to help nonimmigrant workers who lose their jobs.
• Other visas, like H-1B and L-1, also have similar grace periods.

This history shows that the grace period is now a normal part of many U.S. work visas.

Looking Ahead: What Might Change?

• There is ongoing advocacy to add new professions to the TN list, but no official changes have been made as of July 2025.
• Experts suggest making the application process digital and easier to use.
• Political changes could bring stricter rules, but the basic structure of the TN visa is likely to stay the same.

Official Resources

For the most accurate and up-to-date information, always check official government websites:

• USCIS Official Website
• CBP Official Website
• USCIS Policy Manual
• CBP I-94 Record

If you need to file a form to change your status or extend your TN visa, use the USCIS Forms page to find the correct form and instructions.

Summary Table: TN Visa Grace Period (2025)

Key Takeaways

• The 60-day grace period is a safety net for TN visa holders who lose their jobs, giving them time to find new work or change status.
• Recent policy changes have made it harder to get or renew a TN visa, especially in certain professions.
• The grace period is not automatic and can be denied if you break the rules.
• Employers and workers must pay close attention to documentation and compliance.
• Official government resources are the best place to find current information.

Final Advice

The TN visa grace period is a helpful tool for both workers and employers, but it comes with strict rules. If you are a TN visa holder, always keep track of your visa status, know your rights, and follow all the rules during the grace period. If you are an employer, make sure your TN workers understand these rules and help them stay in compliance.

For more details and the latest updates, visit the USCIS official TN visa page or speak with a qualified immigration attorney. Staying informed and prepared is the best way to make the most of the TN visa program in 2025 and beyond.

Learn Today

TN Visa → A special US work visa for Canadian and Mexican professionals under the USMCA trade agreement.
Grace Period → Extra allowed time after job loss or visa expiration to find a job or change status.
USCIS → United States Citizenship and Immigration Services, the agency processing immigration and visa petitions.
I-94 → An arrival/departure record marking how long a foreign visitor can stay in the U.S.
CBP → U.S. Customs and Border Protection; responsible for border security and visa inspections.

This Article in a Nutshell

The TN visa grace period offers crucial time for Canadian and Mexican professionals in the U.S. to transition after job loss or visa expiration. Updated 2025 regulations demand stricter job proof, impacting eligibility. Workers must follow rules carefully to maintain legal status and explore new opportunities or depart.
— By VisaVerge.com