Skip to main content | Skip to main navigation

       
  leftbg

News:

FSIS website under construction
Starting September 20, 2013, we'll be making changes to the format of our website. We ask for your patience as this may be a lengthy process. Contact Signe at signen@hawaii.edu if you have problems with website functionality or navigation.

New I-94 procedure
From April 30, 2013, U.S. Customs and Border Protection (CBP) will begin implementing a paperless I-94 procedure at U.S. air and sea ports of entry.

EB immigrant visa availability
U.S. Department of State's monthly Visa Bulletin


TD Dependents



TD eligibility

Obtaining TD status

TD extensions

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]

There are 2 ways dependents can initially obtain TD status:


OPTION 1: Applying for TD entry to the U.S.

TD dependents do not need to file any prior applications before applying for TD visas and/or applying for entry at a U.S. port of entry. Instead, they should use copies of the TN employee’s documents to apply for their visas (if applicable) and to enter the U.S. in TD status.

FIRST, dependents must apply for TD visas at a U.S. embassy or consulate. (Canadian passport-holders can skip this step and go to the second step, below.) TD dependents should generally apply at the U.S. embassy/consulate having jurisdiction over their place of residence. Although they may apply at any U.S. embassy or consulate, it may be more difficult to qualify for the visa outside their country of citizenship or permanent residence. If they ever previously overstayed their authorized period of stay in the U.S., they must apply for any new visas at a consular office in their country of nationality.

  • Check the U.S. embassies and consulates website for visa application requirements and to make an appointment for a visa interview.
  • Dependents will need to show evidence of their family relationship to the TN principal; the spouse should bring copies of the marriage certificate and each TD child’s birth certificate to the visa interview. TD visa application requirements differ by embassy/consulate, so dependents must inquire with the specific U.S. embassy or consulate on the requirements for their visa application.

SECOND, dependents must apply for admission at a U.S. port of entry. TD dependents are eligible to enter the U.S. with or after the TN principal up to 10 days prior to the TN employment start date. TD dependents may not enter the U.S. before the O-1 principal. Each TD dependent should bring the following items to the port of entry:

  • TN approval notice (if any)
  • Copy of TN’s I-94 card or I-94 printout from CBP's I-94 website showing authorized period of stay in TN status (if entering separately from TN principal)
  • Valid TD visa in passport (N/A for Canadian passport-holders)
  • Passport valid for at least 6 months beyond the TN end date (if a passport will expire before the TN end date, that person will be granted a shorter period of stay than is printed on the approval notice, so it is best to renew the passport before reentry)
  • Employment confirmation letter from UH department
  • Copy of marriage certificate for TD spouse
  • Copy of birth certificate for each TD child

Visas and/or approval notices will not guarantee entry to the U.S. The U.S. Customs and Border Protection (CBP) officer at the port of entry will review dependents' immigration documents and ask them questions about their stay. These officers have the discretion to admit them in TD status and may refer them to a more detailed secondary inspection.

When family members are admitted into the U.S. as TD dependents, their documents will be returned to them and they should each receive an admission date stamp in their passports with the notations “TD” and a date indicating the length of the period they are authorized to stay in the U.S. They should also receive instructions on how to print I-94 arrival records on CBP's I-94 website. The admission stamp with notations and the I-94 printout function as proof of their admission to and legal immigration status in the U.S. In some cases, they may be issued a paper I-94 at entry, but CBP is phasing out this process. If any dependents are issued a paper I-94, that card is evidence of his/her legal status in the U.S.

TD dependents should keep copies of their approval notices, passport biodata/expiration pages, visas, admission stamps, and I-94 records permanently in case any of the documents are lost or stolen.

After TD dependents arrive in the U.S., please send copies of the following documents to FSIS so we can update our records and check that they were properly admitted to the U.S.:

  • Copies of each TD dependent’s passport biodata/expiration page
  • Copy of each dependent's I-94 card or I-94 printout from CBP's I-94 website
  • Copy of each dependent's admission stamp with notations in passport
  • Copies of each dependent’s TD visa in passport (if applicable)


OPTION 2: Applying 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 on an individual's behalf, there may be dependents who will require a change to TD status. If the 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 employee's change of status to TN.

Dependents may apply for changes of status to TD by filing Form I-539 (see the I-539 instructions). If the TN's spouse is applying for TD status, he/she should complete the I-539 and sign the form in Part 5. If only minor children are applying for TD status, the eldest child’s information should be entered in the form; the child may sign in Part 5 if he/she is 14 years or older. If the child is under 14, the TN employee should sign the I-539 and provide his/her information in Part 5.

If dependents will file the I-539 WITH the TN change of status petition, attach the following documents to the I-539. The entire I-539 packet should be submitted by the department to FSIS with the TN request.

  • Form I-539 filing fee
  • 1 copy of each dependent's current U.S. visa in his/her passport (if applicable)
  • 3 copies of each dependent's I-94 card or I-94 printout from CBP's I-94 website
  • 3 copies of each dependent's admission stamp with notations in passport
  • 3 copies of each dependent's Forms DS-2019, I-20, or I-797 (if applicable)
  • 3 copies of each dependent's passport biodata/expiration page(s)
  • 3 copies of marriage certificate (if spouse will be TD)
  • 3 copies of each dependent child's birth certificate (if applicable)
  • 3 copies of any other required documents listed on the I-539 instructions

If dependents will file an I-539 SEPARATELY from a TN petition being filed for a TN employee, they should attach the following documents to the I-539 and mail the entire packet to USCIS:

  • Form I-539 filing fee
  • 1 copy of each dependent's current U.S. visa in his/her passport (if applicable)
  • 1 copy of each dependent's current I-94 card or I-94 printout from CBP's I-94 website
  • 1 copy of each dependent's admission stamp with notations in passport
  • 1 copy of each dependent's Forms DS-2019, I-20, or I-797 (if applicable)
  • 1 copy of each dependent's passport biodata/expiration page(s)
  • 1 copy of marriage certificate (if spouse will be H-4)
  • 1 copy of each dependent child's birth certificate (if applicable)
  • Any other required documents listed on the I-539 instructions

If dependents are in another country and will enter the U.S. in TD status, they do not need to file Form I-539. Instead, they should follow the TD entry procedures above (see “OPTION 1: Applying for TD entry to the U.S.,”).



TD extensions [top]

There are 2 ways dependents can apply for extensions of TD status:

OPTION 1: Applying for TD reentry to the U.S.

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 reenter the U.S. with the following documents:

  • Valid TN approval notice (if any)
  • Copy of I-94 card or I-94 printout from CBP's I-94 website showing TN period of stay
  • Valid TD visa in passport (N/A for Canadian passport-holders) (see the U.S. embassies and consulates website for visa application requirements and to make an appointment for a visa interview.)
  • Passport valid for at least 6 months beyond the TN end date (if a passport will expire before the TN end date, that person will be granted a shorter period of stay than is printed on the approval notice, so it is best to renew the passport before reentry)
  • Copy of marriage certificate for TD spouse
  • Copy of birth certificate for each TD child
  • Employment confirmation letter from UH department

After TD dependents reenter the U.S., please send copies of the following documents to FSIS so we can check that they were properly admitted to the U.S.:

  • Copies of each TD dependent’s passport biodata/expiration page (if passport is new/renewed)
  • Copy of both sides of each dependent's I-94 card or I-94 printout from CBP's I-94 website
  • Copy of each dependent's admission stamp with notations in passport
  • Copies of each dependent’s TD visa in passport (if any)


OPTION 2: Applying for a TD extension while in the U.S.

TD dependents can remain in the U.S. and file Form I-539 to extend their TD status concurrently with or separately from the TN extension petition. Dependents should request the same extension period that will be entered on the TN petition. It is important for the TN principal and/or TD family members to review the I-539 instructions before completing the form.

If dependents will file an I-539 WITH the TN extension petition, attach the following documents to the I-539. The entire I-539 packet should be submitted by the department to FSIS with the TN request.

  • Form I-539 filing fee
  • 1 copy of each dependent's current TD visa in his/her passport (if applicable)
  • 3 copies of each dependent's I-94 card or I-94 printout from CBP's I-94 website
  • 3 copies of each dependent's admission stamp with notations in passport
  • 3 copies of each dependent's Forms I-797 (if applicable)
  • 3 copies of each dependent's passport biodata/expiration page(s)
  • 3 copies of marriage certificate for TD spouse
  • 3 copies of each dependent child's birth certificate (if applicable)
  • 3 copies of any other required documents listed on the I-539 instructions

If your dependents will file an I-539 SEPARATELY from the TN extension petition, they should attach the following items to the I-539 and mail the entire packet to USCIS:

  • Form I-539 filing fee
  • 1 copy of each dependent's current U.S. visa in his/her passport (if applicable)
  • 1 copy of each dependent's current I-94 card or I-94 printout from CBP's I-94 website
  • 1 copy of each dependent's admission stamp with notations in passport
  • 1 copy of each dependent's Forms I-797 (if applicable)
  • 1 copy of each dependent's passport biodata/expiration page(s)
  • 1 copy of marriage certificate for TD spouse
  • 1 copy of each dependent child's birth certificate (if applicable)
  • Any other required documents listed on the I-539 instructions

USCIS must receive a 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.

If dependents are in another country and will enter the U.S. in TD status, they do not need to file Form I-539. Instead, they should follow the TD entry procedures above (see “OPTION 1: Applying for TD reentry to the U.S.”).

USCIS approval

TD status will automatically continue upon approval of the TD extension application. Dependents do not need to leave and reenter the U.S. to continue their TD period.



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.


rightbg