Are New TD Visas Required During A TN Visa Employer Change?

Question: I am a Canadian citizen and currently working in the U.S. under TN visa status. I have a new job opportunity, and want to apply for my new TN visa status at the U.S. border. My family is also with me in the U.S. under TD visa status. Our I-94 records are still valid for another 2 years. Do my family members need to obtain new TD I-94 records when I change employers? Or can they remain in the U.S. under their existing TD I-94 records until expiration? Because of the Covid-19 pandemic and various travel advisories, I would prefer to travel to the border without my family.

Reply: A dependent’s visa status is not specific to an employer. As such, a family member’s TD visa status remains valid even if the principal TN visa worker changes employers. See Letter, Y. La Fleur, No. HQ 1815-C (Dec. 21, 1995). This means that you could obtain a new TN visa I-94 record at the U.S. border for this new employer, and your family members could remain in the U.S. under their existing TD visa I-94 records without issue. It will be important, however, to remember that your family member’s I-94 records will be for a shorter duration than the I-94 record issued for your new employer. Prior to the expiration of their TD visa I-94 records, to avoid falling out of status and potentially accumulating unlawful presence your family members will need to obtain new I-94 records either at the border or by filing an I-539 extension of status application with USCIS.