Ending TN Employment

Resignation (voluntary termination)
Dismissal (involuntary termination)
Lawful permanent residence is obtained


Resignation (voluntary termination)

If a TN employee resigns, the HR specialist must send an Immigration Specialist a copy of the resignation PNF showing the last day of employment. If a TN petition was filed, FSIS must notify U.S. Citizenship and Immigration Services (USCIS) and close the immigration file.

Resignation before the TN end date

If the last day of employment is prior to the expiration of the TN approval notice, FSIS must notify USCIS and withdraw the TN petition.

If the last day of employment is prior to the expiration of the TN approval notice/TN support letter, the TN regulations allow for a discretionary grace period of up to 60 consecutive days following the end of TN employment, or until the end of authorized validity period on the TN approval notice or Form I-94 admit until date, whichever is shorter. This 60-day grace period may only apply one time per authorized nonimmigrant validity period. It is important to understand that the grace period only applies if the employment ends prior to the TN approval validation date. The decision to grant all or a portion of the grace period lies with USCIS at the time the agency is adjudicating the new request for an immigration benefit, filed by or on behalf of the employee.

Resignation on the TN end date

If the last day of employment will occur on the TN approval notice/TN support letter end date, then the employee must depart the U.S. by the “admit until” date on the Form I-94 record to avoid accruing unlawful presence in the U.S.

If the TN employee’s Form I-94 shows the granting of an additional 10-day travel status period beyond the TN approval notice validity/TN support letter, they may stay in the U.S., but cannot work during the 10 days. Departure from the U.S. must occur on or before the last day of the 10-day period unless the person can legally remain in the U.S. after employment ends.

If the TN employee was not granted the additional 10-day travel status period, they must leave the U.S. on or before the approval notice expires or the Form I-94 “admit until” date, whichever occurs earlier unless they can legally remain in the U.S. after employment ends.


Dismissal (involuntary termination)

If the employee is dismissed from employment for any reason before the TN approval notice expires or prior to the TN support letter end date, the HR specialist must send an Immigration Specialist a copy of the termination PNF. FSIS is required to notify USCIS (if petition filed) when an employee is no longer employed under the terms of an approved TN petition.

If the last day of employment is prior to the expiration of the TN approval notice/TN support letter, the TN regulations allow for a discretionary grace period of up to 60 consecutive days following the end of TN employment, or until the end of authorized validity period on the TN approval notice or Form I-94 admit until date, whichever is shorter. This 60-day grace period may only apply one time per authorized nonimmigrant validity period. It is important to understand that the grace period only applies if the employment ends prior to the TN approval validation date. The decision to grant all or a portion of the grace period lies with USCIS at the time the agency is adjudicating the new request for an immigration benefit, filed by or on behalf of the employee.


Lawful permanent residence is obtained

If the employee obtains U.S. lawful permanent residence before the end of TN authorization, the HR specialist must send an Immigration Specialist a copy of the permanent resident card so we can close the TN file. No further action by the department needs to be taken.