Options When Your 60-Day TN Visa Grace Period Ends and Filing Is Delayed

Key Takeaways

• USCIS updated TN visa rules effective July 11, 2025, requiring new applications for job or employer changes.
• TN visa holders have a 60-day grace period to secure a new job or file petitions post-employment.
• Employers must file TN petitions timely to avoid status loss; delays risk visa denial or out-of-status issues.

If you’re a Canadian or Mexican professional working in the United States 🇺🇸 on a TN visa, recent changes and clarifications from USCIS may affect your next steps—especially if you’ve recently lost your job and your 60-day grace period is about to end. Many TN visa holders find themselves in this situation: you’ve secured a new job offer, but your new employer is delayed in filing your TN visa petition. This update explains what’s changed, who is affected, what actions you need to take, and how these developments impact pending and future TN visa applications.

Summary of Recent Changes

As of July 11, 2025, USCIS has updated its guidance for TN visa holders, making it clear that:

• TN status is strictly tied to your employer, job duties, and work location. Any change—such as switching employers or job roles—requires a new TN application.
• The 60-day grace period remains in place for TN visa holders who lose their jobs, but you must act quickly to maintain your legal status.
• USCIS now applies the same standards to TN petitions filed inside the United States 🇺🇸 as those reviewed at the border. This means stricter checks and no shortcuts for in-country applications.

These updates mean that TN visa holders and their employers must be more careful than ever about timing, paperwork, and legal status.

Who Is Affected by These Changes?

• Canadian and Mexican professionals in the United States 🇺🇸 on a TN visa who have lost their jobs and are within their 60-day grace period.
• Employers who want to hire TN professionals and may be delayed in filing the necessary paperwork.
• Current TN visa holders considering a change in job, employer, or work location.
• Individuals with pending TN applications who are waiting for approval or considering reentry to the United States 🇺🇸.

Understanding the 60-Day Grace Period

The 60-day grace period is a safety net for TN visa holders who lose their jobs. It allows you to stay in the United States 🇺🇸 for up to 60 days (or until your I-94 expires, whichever comes first) after your employment ends. During this time, you can:

• Look for a new job
• Apply for a change of status
• Prepare to leave the United States 🇺🇸

Key Points About the 60-Day Grace Period:

• It starts the day after your last day of work.
• You must not work during the grace period unless you have a new, approved TN petition.
• If you do not secure a new status or leave the United States 🇺🇸 before the grace period ends, you will be out of status.

What Should You Do If Your 60-Day Grace Period Is Ending and Your Employer Is Delayed?

If your new employer is not able to file your TN petition before your 60-day grace period ends, you have several options. Each comes with its own risks and requirements.

1. Communicate Clearly and Urgently with Your Employer

Why this matters: Your new employer may not understand how urgent your situation is. The TN visa process is time-sensitive, and delays can cause you to fall out of legal status.

What to do:

• Explain the 60-day deadline to your employer’s HR or legal team.
• Ask them to prioritize your TN petition and provide any documents or information they need right away.
• Remind them that if your petition is not filed before your grace period ends, you may have to leave the United States 🇺🇸.

2. Consider Leaving the United States 🇺🇸 and Re-Entering

If your employer cannot file your TN petition in time, you may need to leave the United States 🇺🇸 before your grace period ends. Once your new employer is ready, you can apply for a new TN visa at a U.S. port of entry (such as a land border or airport).

How this works:

• Leave the United States 🇺🇸 before your grace period expires.
• Gather all required documents for your new TN application, including your job offer letter, proof of qualifications, and any other supporting paperwork.
• Present your application at a U.S. port of entry. U.S. Customs and Border Protection (CBP) officers will review your documents and decide whether to grant you TN status.

Benefits:

• You avoid overstaying your grace period and falling out of status.
• You can start your new job as soon as you are admitted in TN status.

Risks:

• There is always a chance that CBP may deny your entry if your paperwork is not complete or if they have concerns about your eligibility.
• You may face travel costs and time away from the United States 🇺🇸.

3. Apply for a Change of Status

If you cannot secure a new TN job in time, you might consider applying for a change of status to another visa category that allows you to stay in the United States 🇺🇸 legally. This is done by filing Form I-539, Application to Extend/Change Nonimmigrant Status with USCIS. You can find the official form and instructions here.

Possible options include:

• Changing to a visitor (B-2) status, if you need more time to wrap up your affairs.
• Changing to another work visa, if you qualify.

Important notes:

• You must file Form I-539 before your 60-day grace period ends.
• You cannot work while in visitor status.
• Approval is not guaranteed, and you must meet all requirements for the new status.

4. Seek Legal Advice

Immigration law is complex, and every case is different. If you are unsure about your options or the best path forward, consult with an experienced immigration attorney. They can help you:

• Review your specific situation
• Advise on timing and paperwork
• Suggest the best legal strategy to maintain your status

Implications for Pending Applications

If your new employer has filed your TN petition with USCIS before your grace period ends, you may be able to stay in the United States 🇺🇸 while your application is pending. However, you cannot start working for your new employer until your petition is approved.

Key points:

• You must not work until you receive approval.
• If your petition is denied, you must leave the United States 🇺🇸 immediately.
• If your grace period ends before the petition is filed, you will be out of status and may face problems with future immigration applications.

Recent Policy Changes and Their Impact

USCIS has clarified that TN petitions filed inside the United States 🇺🇸 must meet the same strict requirements as those filed at the border. This means:

• Every change in employer, job duties, or work location requires a new TN petition.
• You cannot simply “transfer” your TN status to a new job without a new application.
• USCIS will closely review all petitions for compliance with TN rules.

These changes make it even more important to plan ahead and file all paperwork on time.

Practical Next Steps for TN Visa Holders

If you are facing the end of your 60-day grace period, here’s what you should do:

1. Check your I-94 expiration date. Your grace period cannot extend beyond this date.
2. Talk to your new employer immediately. Make sure they understand the urgency.
3. Gather all required documents for your new TN petition.
4. Consider leaving the United States 🇺🇸 before your grace period ends if your new petition will not be filed in time.
5. Explore a change of status by filing Form I-539 if you need more time.
6. Consult an immigration attorney for personalized advice.

What Employers Need to Know

Employers play a key role in helping TN professionals maintain legal status. Delays in filing can have serious consequences for both the employee and the company.

Employers should:

• Prioritize TN filings for new hires who are in their grace period.
• Work closely with legal counsel to ensure all paperwork is correct and submitted on time.
• Communicate clearly with the employee about expected timelines and any delays.

Resources for TN Visa Holders and Employers

• USCIS TN Visa Information: USCIS TN Nonimmigrant Classification
• CBP TN Visa Guidance: CBP TN Visa Information
• Form I-539, Application to Extend/Change Nonimmigrant Status: USCIS Form I-539
• Find an Immigration Attorney: American Immigration Lawyers Association

Expert Analysis and Real-World Scenarios

According to analysis by VisaVerge.com, many TN visa holders run into trouble when employers are not aware of the strict deadlines and requirements. For example, a Canadian engineer who lost her job in May 2025 received a new job offer in June, but her new employer delayed filing the TN petition. As her 60-day grace period ended, she had to leave the United States 🇺🇸 and re-enter at the border with her new job offer. She was able to return in TN status, but the process caused stress and extra costs.

Key Takeaways from Recent Cases:

• Act early. Don’t wait until the last week of your grace period to start the process.
• Keep records. Save all emails and documents related to your job loss, new job offer, and TN filings.
• Be ready to travel. Sometimes, leaving and re-entering is the safest way to maintain your status.

Implications for Future TN Visa Applications

With USCIS applying stricter standards and requiring new petitions for any material change, TN visa holders should expect:

• More detailed paperwork requirements
• Longer processing times for in-country petitions
• Greater scrutiny at the border and by USCIS officers

For those with pending applications:

• Stay in close contact with your employer and attorney.
• Monitor your case status on the USCIS website.
• Be prepared to leave the United States 🇺🇸 if your petition is not filed or approved before your grace period ends.

Looking Ahead: What to Expect

Immigration policies in the United States 🇺🇸 continue to change. TN visa holders should:

• Stay informed by checking official government websites regularly.
• Sign up for updates from USCIS and CBP.
• Consult legal professionals for the latest advice.

Official Government Link for More Information

For the most up-to-date and authoritative information on TN visa requirements, grace periods, and application procedures, visit the USCIS TN Nonimmigrant Classification page.

Conclusion and Immediate Next Steps

If your 60-day grace period is ending soon and your new employer is delayed in filing your TN visa, you must act quickly to protect your legal status. Your main options are to push your employer to file immediately, prepare to leave and re-enter the United States 🇺🇸, or apply for a change of status using Form I-539. Each path has its own rules and risks, so careful planning is essential.

Actionable Steps:

• Contact your new employer today and explain the urgency.
• Gather all necessary documents for your TN application.
• Decide whether to leave and re-enter the United States 🇺🇸 or file for a change of status.
• Consult an immigration attorney for advice tailored to your situation.
• Monitor official government resources for any further updates.

By staying proactive and informed, you can maintain your legal status and continue your professional journey in the United States 🇺🇸.

Learn Today

TN visa → A nonimmigrant visa for Canadian and Mexican professionals under NAFTA/USMCA working in the U.S.
60-day grace period → Time allowed post-employment where TN visa holders can find a new job or change status legally.
USCIS → U.S. Citizenship and Immigration Services, the agency managing immigration and visa processes.
Form I-539 → Application used to request an extension or change of nonimmigrant status in the United States.
Port of entry → A border crossing where travelers apply for entry into the United States and immigration officials inspect documents.

This Article in a Nutshell

TN visa holders facing employment loss must act fast. USCIS now enforces stricter rules and grace periods. New petitions are mandatory for job changes. Delays can risk status loss, requiring travel or legal status changes. Employers and employees must prioritize filings to maintain lawful U.S. presence.
— By VisaVerge.com