Big News Coming Regarding TN Validity Extension to Three Years

On April 23, 2008, the Office of Information and Regulatory Affairs (OIRA) concluded a regulatory review of a draft regulation submitted by the Department of Homeland Security and USCIS that proposes to extend the validity period of TN visa status from one to three years. DHS and USCIS submitted the proposed rule for review to the OIRA on April 9, 2008.

DHS had issued a statement on Aug. 10, 2007 announcing immigration reform measures where it planned to extend the TN visa category to three years. The OIRA notice is the first publicly issued document I have seen indicating that this rule is still going forward. The government has not yet published the proposed rule in the Federal Register, thus the specifics on the proposed extension are not available yet.

I will continue to monitor this rule and provide updates as it goes through the regulatory process.

Comments

[Srini Iyer]

How long does it usually takes for it to be published in the federal register? Is the sign that we can submit TN petition for 3 years?

[Janaka]

I am surprised about this decission and appreciate it. One of my friends struggled to get his visa renewed every year!! And now it is not going to be an issue.

[Brian D. Zuccaro, Esq.]

I'm not aware of a specific time frame for DHS to publish its proposed rule in the Federal Register. Federal agencies generally cannot publish in the FR until the OIRA has completed its review, but I don't think there is a regulation mandating a specific time frame for publication after the OIRA has finished its review.

The date you can apply for the three years of TN status should be indicated in the proposed rule.