Question: We are getting ready to renew a TN Visa for one of our Canadian workers. His passport expires in November of 2017. Should he renew his passport before we renew his TN so that his visa can be granted for the maximum allowed three year period? Answer: Depends on whether you will be requesting a TN Extension by filing an I-129 Petition with the United States Citizenship and Immigration Services (USCIS), or if you will be sending your worker to the border to apply to renew his TN before an officer at Customs and Border Protection (CBP).
If extending TN with USCIS:
If you plan to file an I-129 Petition with USCIS, the worker’s passport needs to be valid at the time you file the petition. USCIS may grant a three year extension even if the worker’s passport expires before the three year period. The worker will need to keep a valid passport at all times while on TN status.
If applying for TN renewal at the border:
If you plan to send your worker to the border to apply to renew his TN, the rule is the passport must be valid for at least six months beyond the requested time period. If the passport is set to expire within the three years requested, the CBP officer will likely only issue the TN up to the expiration date of the passport. To receive the maximum allowed three years, it would be best to have the worker renew his passport before going to the border.
Leyla Galmarini McMullen, Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM 7007 College Blvd., # 460, Overland Park, KS 66211 USA Phone :: 913.317.6200 Email :: LMcMullen@uslegalimmigration.com