Change of TN Employer and 3 Year Extension Approved for Canadian Registered Nurse Using Premium Processing

The North American Free Trade Agreement (NAFTA) is an agreement between the United States, Canada, and Mexico. NAFTA provides for a special nonimmigrant visa – called a TN visa – for citizens of Canada or Mexico to work temporarily in the United States in certain enumerated professions. The TN visa lasts 3 years and can be extended in 3-year increments. Getson & Schatz, P.C. provides immigration representation to a hospital in Pennsylvania. This hospital petitioned for a change of TN employer and a 3-year extension of TN status for a Canadian citizen for employment as a registered nurse which is one of the professions eligible for TN status. The Canadian citizen was eligible for TN status as she met the academic qualifications, had a valid Pennsylvania Registered Nurse license, and had a valid CGFNS Registered Nurse Certificate. We filed Form I-129 Petition for a Nonimmigrant Worker and the Trade Agreement-Supplement to Form I-129 with United States Citizenship and Immigration Services (USCIS). We used the Premium Processing Service so that we would receive a decision from USCIS within 15 days. The Premium Processing Service needed to be used in this case because unlike an H-1B employee who can start working for a new employer upon the filing of an employer transfer petition under the H-1B portability rules, a TN employee cannot start working for the new employer until the petition has been approved. We also filed a Form I-539 Application to Extend/Change Nonimmigrant Status with USCIS to extend the TD status of the nurse’s daughter. USCIS approved both applications.

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