Obtaining TD status
Employment prohibited for TD dependents
Study permitted for TD dependents
TD eligibility [top]
Unmarried children under 21 years of age and spouses of TN employees are eligible for TD dependent status. Once an unmarried TD child turns 21, he/she can no longer remain in TD status. In order to remain in the U.S., he/she must change to another nonimmigrant visa status (e.g. F-1 student, B-2 visitor).
Obtaining TD status [top]
Dependents have 2 options for initially obtaining TD status:
OPTION 1: Enter the U.S. in TD status
TD dependents do not need to file any prior applications before applying for TD visas or applying for entry at a U.S. port of entry. Instead, they should borrow the TN employee’s approval notice to apply for their visas and/or to enter the U.S. in TD status.
TD dependents should review the TD entry procedures for more information on entering the U.S. in TD status.
After TD dependents arrive in Hawaii, please send copies of the following documents to FSIS so we can update our files and check that they were properly admitted to the U.S.:
- Copies of each dependent’s passport biodata/expiration page
- Copies of both sides of each TD dependent’s I-94 card
- Copies of each dependent’s TD visa in passport (if applicable)
OPTION 2: Apply for a change of status to TD while in the U.S.
If UH is filing a petition for a change of status to TN for the employee, departments must ask the employee about any dependents who will need to change to TD status. If the employee's dependents are currently in the U.S. in another dependent status (e.g. F-2, J-2), they must apply for changes of status to TD along with the TN change of status petition. To apply for a change of status to TD, dependents must file Form I-539 with USCIS.
See the section on applying for a change of status to TD for more information on these procedures.
If the spouse and/or children is/are currently outside the U.S. and will enter the U.S. in TD status, he/she/they do not need to file Form I-539. Instead, dependents should review the TD entry procedures for more information on entering the U.S. in TD status.
TD extensions [top]
Dependents have 2 options for extending their TD status:
OPTION 1: Reenter the U.S. in TD status
If dependents are outside
the U.S. when their TD approval expires, they can reenter the U.S. with
the necessary documents to obtain a longer TD period. Dependents should review the procedures for TD extensions by reentering the U.S. for more details on visa application and entry procedures.
OPTION 2: Apply for a TD extension while in the U.S.
TD dependents can remain in the U.S. and file Form I-539 for TD extensions. Dependents can request the same extension period that will be entered on the TN petition. If TD dependents will file Form I-539 concurrently with a TN extension, dependents should submit a completed I-539 to the UH department to be included with the TN request.
USCIS must receive the properly filed TD extension application no later than the business day on or before the current TD end date. If USCIS receives the TD extension application late, dependents will no longer be in valid status and will begin accruing unlawful presence.
Dependents should review the procedures for filing TD extension applications in the U.S. for more details.
Employment prohibited for TD dependents [top]
TD status-holders are not eligible for employment. A TD dependent may change to another immigration status that permits employment if he/she qualifies for such status.
Study permitted for TD dependents [top]
TD dependents may study in the U.S. on either a full or part time basis. However, the duration of their study depends on the TN’s period of stay. While TD dependents are not required to take a full course of study like F-1 students, TDs are ineligible for F-1 benefits such as on-campus employment and practical training.