Navigating TN Visa Grace Period and Travel After Job Loss

Losing your job while on a TN visa can feel overwhelming, but knowing the step-by-step process and what to expect at each stage can help you make the right decisions. The TN visa is a special work visa for Canadian and Mexican citizens who work in certain professional jobs in the United States 🇺🇸 under the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA. This visa is tied directly to your job—if you lose your job, your TN status ends right away. However, recent changes give you a 60-day grace period to figure out your next steps. Here’s a detailed look at what happens after job loss, how the grace period works, what to do if you want to travel, how to transfer your TN visa to a new employer, and special options for Canadian citizens.

Understanding the TN Visa and Job Loss

The TN visa is only valid as long as you are working for the employer who sponsored you. If you lose your job, your TN status ends immediately. But, as of August 1, 2025, you get a 60-day grace period to stay in the United States 🇺🇸 legally. This grace period is your chance to find a new job, change your status, or get ready to leave the country without breaking immigration rules.

Step 1: The 60-Day Grace Period After Job Loss

• When does it start? The grace period begins the day after your job ends.
• How long is it? You have exactly 60 days.
• What can you do during this time?
  • Look for a new TN-eligible job. You can use this time to apply and interview for new jobs that qualify for the TN visa.
  • File for a change of status. If you can’t find a new job, you might want to change to a different status, like a visitor (B-2) or a dependent (if your spouse has a valid visa).
  • Prepare to leave the United States 🇺🇸. If you don’t find a new job or change your status, you must leave before the 60 days are up.

Why is this important? If you stay past the grace period without a valid status, you start to build “unlawful presence.” This can lead to serious problems, like being banned from coming back to the United States 🇺🇸 for three or even ten years, depending on how long you overstay.

Step 2: Deciding What to Do Next

During the grace period, you have three main options:

1. Find a New TN-Eligible Job
   • Start applying for jobs right away. The sooner you get a job offer, the better.
   • Make sure the new job fits the TN visa requirements (it must be on the official list of TN professions).
   • Once you get a job offer, your new employer will need to file a new TN petition for you.
2. Change Your Status
   • If you can’t find a new job, you can apply to change your status to something else, like a visitor or a dependent.
   • You must file the right form before your grace period ends. For most people, this means filing Form I-539 to change to a different nonimmigrant status.
3. Leave the United States 🇺🇸
   • If you don’t have a new job or a new status by the end of the grace period, you must leave the country to avoid problems with future visas.

Step 3: Transferring Your TN Visa to a New Employer

If you find a new job during the grace period, you need to transfer your TN visa. Here’s how the process works:

• New employer files a petition: Your new employer must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS). This form is used to request a change of employer or an extension of your TN status.
• Wait for approval: You cannot start working for the new employer until USCIS approves the new TN petition. Working before approval can cause problems with your immigration status.
• Material changes: If your new job is very different from your old one (different job title, duties, or employer), you must file a new TN petition. USCIS made this clear in new guidance in June 2025.
• For Canadians: You have another option. Instead of waiting for USCIS approval, you can leave the United States 🇺🇸 and apply for a new TN visa at a port of entry (like a border crossing or airport). This can sometimes be faster, but it involves travel and possible risks at the border.

Estimated Timeframes:
– USCIS processing: Regular processing can take several weeks or even months. Premium processing (for an extra fee) can speed this up to about 15 calendar days.
– Port of entry application (for Canadians): This can be done the same day, but you must have all your documents ready.

Step 4: What Happens During the Waiting Period

If your new employer files your TN petition before your grace period ends, you can stay in the United States 🇺🇸 while USCIS decides your case. However, you cannot start working for the new employer until you get approval. If you leave the country while your petition is pending, you may need to start the process over or face extra questions when you try to return.

Step 5: Travel Abroad and Re-Entry Risks

Traveling outside the United States 🇺🇸 while your TN status is in question can be risky, especially after job loss or while waiting for a new petition to be approved.

• Canadian TN holders: If you have a valid I-94 (the document that shows your legal status), you can usually re-enter the United States 🇺🇸 by showing this document. You don’t need a visa stamp. However, if you travel outside North America or stay abroad for a long time, border officers may ask more questions. Always carry proof of your new job or a letter from your new employer if you have one.
• Mexican TN holders: You need a valid TN visa stamp in your passport to re-enter the United States 🇺🇸.
• Automatic revalidation: Some people with expired visas but valid I-94s can re-enter the United States 🇺🇸 after short trips (30 days or less) to Canada 🇨🇦, Mexico 🇲🇽, or nearby islands. This rule has strict conditions and doesn’t apply to everyone.
• Risks at the border: Customs and Border Protection (CBP) officers may check your employment status closely, especially if you recently lost your job or changed status. Having proof of your new job or pending petition can help.

Step 6: Special Options for Canadian Citizens

Canadian citizens have a few extra options when moving between jobs or waiting for new employment authorization:

• Staying in the United States 🇺🇸: If your new employer files your TN petition before your current status ends or within the 60-day grace period, you can stay in the country while you wait for a decision.
• Changing status: If you can’t find a new job right away, you can file Form I-539 to change to a visitor or dependent status. This lets you stay in the United States 🇺🇸 legally while you look for work or make other plans.
• Leaving the country: If you don’t have a new job or status by the end of the grace period, you must leave the United States 🇺🇸 to avoid problems with future visas.
• Traveling while waiting: If you travel outside the United States 🇺🇸 while your new TN petition is pending, you may face extra questions at the border. Always carry proof of your pending job and any USCIS approval notices.

Step 7: What to Expect from Authorities

• USCIS: They will review your new TN petition or change of status request. Processing times can vary, but you can check current times on the USCIS website.
• CBP: If you travel and try to re-enter the United States 🇺🇸, CBP officers will check your documents and may ask about your job status. Be honest and have all your paperwork ready.
• Consequences of overstaying: If you stay past your grace period without a valid status, you risk being banned from the United States 🇺🇸 for several years.

Step 8: Practical Tips and Common Scenarios

• Act quickly: As soon as you lose your job, start looking for new work or plan your next steps. The 60-day grace period goes by fast.
• Keep records: Save all documents related to your job loss, new job offers, and any petitions you file. You may need to show these to USCIS or CBP.
• Avoid unnecessary travel: If possible, stay in the United States 🇺🇸 while your new petition is pending. Traveling can complicate your case.
• Consult an attorney: Immigration law can be tricky. If you’re unsure what to do, talk to an immigration lawyer who knows about TN visas.

Case Study Example:

Maria, a Canadian citizen, was working in the United States 🇺🇸 as a management consultant on a TN visa. Her job ended unexpectedly. She immediately started looking for new jobs and got an offer from another company within three weeks. Her new employer filed Form I-129 before her 60-day grace period ended. Maria stayed in the United States 🇺🇸 while waiting for USCIS approval. She did not travel abroad during this time. After her new TN petition was approved, she started her new job without any problems.

Frequently Asked Questions

• Can I work for my new employer before my TN petition is approved?
  • No. You must wait until USCIS approves your new TN petition before starting work.
• What if I can’t find a new job in 60 days?
  • You must either change your status or leave the United States 🇺🇸 before the grace period ends.
• Can I travel to Canada 🇨🇦 or Mexico 🇲🇽 during the grace period?
  • You can, but re-entry is not guaranteed, especially if your status is in question. Always carry proof of your job search or pending petition.

Official Resources

• For the latest TN visa rules, forms, and updates, visit the USCIS TN visa page.
• For travel and re-entry rules, check the U.S. Customs and Border Protection website.
• For information about visa stamps and travel, see the U.S. Department of State website.

Final Takeaways

Losing your job on a TN visa is stressful, but you have options. Use your 60-day grace period wisely to find a new job, change your status, or prepare to leave the United States 🇺🇸. File any new petitions as soon as possible, avoid unnecessary travel, and keep all your documents in order. If you’re unsure about your situation, talk to an immigration attorney for help.

As reported by VisaVerge.com, recent USCIS guidance and legal updates have made the process clearer for TN visa holders facing job loss. Staying informed and acting quickly can help you avoid problems and keep your future options open. Remember, following the rules and deadlines is the best way to protect your ability to live and work in the United States 🇺🇸.