What Happens if You Lose Your Job on a TN Visa?

If you lose your job while on a TN visa, federal rules give you up to 60 consecutive days to find a new TN-qualifying position, change to a different immigration status, or leave the United States. You cannot work during those 60 days, and the clock starts the day after your last paid day of employment. What you do inside that window decides whether you keep lawful status or face re-entry bars that can stretch for years.¹

How the 60-Day Grace Period Works

The grace period begins the day after your employment terminates, which USCIS generally treats as the last day for which you were paid. If your employer keeps you on the payroll through a severance period, the countdown starts after that final paid day, not the day you were told you were being let go.¹

A few important limits apply. You get the shorter of 60 days or whatever time remains on your authorized validity period, so if your I-94 expires in 30 days, you have 30 days. You only get one grace period per authorized validity period. DHS retains authority to shorten or eliminate it, though that discretion is rarely used. And no work of any kind is permitted during the grace period.²

The grace period is available whether you were fired, laid off, or quit voluntarily.¹

Do Not Leave the Country

Traveling outside the U.S. during your 60 days ends the grace period immediately. You cannot re-enter on a TN tied to a job that no longer exists; coming back requires either a different valid status or a new TN approval.¹ Canadian citizens with a firm new offer can sometimes use a border trip to their advantage, since Canadians can apply for TN classification at a port of entry. If you are still job-hunting or waiting on paperwork, leaving early can strand you outside with no easy way back.

Your Spouse and Children

TD dependents share your grace period. If you lose status, they lose status. If your spouse holds an Employment Authorization Document granted based on your TN, that EAD stays valid during the grace period but ends when the grace period ends without a new filing.¹ Any change-of-status application you file should include your dependents so their stay is preserved alongside yours.

Finding a New TN Job

The cleanest outcome is landing a new position with a TN-qualifying employer before the 60 days run out. The new job does not have to match your old profession, but it must fall within one of the occupations listed in Appendix 2 of USMCA Chapter 16’s Annex 16-A, and you must hold the credentials that occupation requires.

What matters is the actual duties of the job, not the title on the offer letter.³ Your offer letter should describe the duties in enough detail to show the role fits a listed profession, along with the salary, employment duration, and your qualifications.

If You Are a Canadian Citizen

Canadians have two paths. The new employer can file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, which is processed domestically. Or you can apply directly at a designated U.S. port of entry or preclearance facility by presenting your offer letter, proof of Canadian citizenship, and your credentials to a CBP officer.⁴ The port-of-entry route is faster and gives an answer on the spot. Remember that leaving the country ends your grace period, so a denial at the border leaves you outside with nothing to fall back on.

If You Are a Mexican Citizen

Mexican citizens cannot walk up to the border. Either your employer files Form I-129 with USCIS while you remain in the U.S., or you apply for a new TN visa at a U.S. embassy or consulate in Mexico. Because traveling to Mexico ends the grace period, filing I-129 from within the United States is usually safer if you are already here.⁵

Filing Fees and Timing

An I-129 filing includes a base filing fee plus an Asylum Program Fee. The Asylum Program Fee is $600 for employers with more than 25 full-time employees, $300 for smaller employers, and waived for nonprofits. Employers can request premium processing by filing Form I-907, which guarantees a decision within 15 business days. The premium processing fee for TN petitions is $2,965 as of March 1, 2026.⁶ Standard adjudication can take several months, which is why premium processing matters when you are running a 60-day clock.

One timing point that catches people out: you cannot start work for the new employer until the I-129 is approved. Filing the petition does not grant interim work authorization.²

Changing to a Different Nonimmigrant Status

If a new TN job is not realistic within 60 days, you can apply to change to another nonimmigrant status. The most common choice is B-2 (visitor for pleasure), which lets you stay while you wrap up personal affairs, sell a home, or coordinate your family’s departure. You cannot work in B-2 status.

The application is Form I-539 (Application to Extend/Change Nonimmigrant Status), filed online or by mail before the grace period expires. Include a written statement explaining why you need to remain in the U.S., that your stay will be temporary, the arrangements you have made to eventually leave, and how you will support yourself without working.⁷

If your I-539 is not frivolous and was filed before the grace period ended, you are in a period of authorized stay while USCIS processes it. Processing can take months, but you will not accumulate unlawful presence during that time.⁸ USCIS has eliminated the separate $85 biometrics fee for I-539 applicants, so you only pay the base filing fee.⁹ If you later line up a TN-qualifying job while on B-2, a separate petition is needed to switch back to TN.

If You Have a Green Card Case in Progress

Losing a TN job while a green card case is pending adds complications. If your employer already filed an I-140 immigrant petition and your I-485 adjustment application has been pending for at least 180 days, you may be able to port the case to a new employer, provided the new job is in the same or a similar occupational classification as the original petition.¹

If your I-485 has been pending fewer than 180 days, or only the I-140 has been filed, the job loss puts the case at risk. An approved I-140 can be withdrawn by the employer, though certain protections apply once the I-140 has been approved for at least 180 days. The interaction between TN status, the grace period, and green card processing is case-specific, and an immigration attorney is worth the cost here.

Health Coverage and Unemployment

COBRA

If your former employer had 20 or more employees and you were enrolled in the group health plan, you are eligible for COBRA continuation coverage regardless of immigration status. Termination for any reason other than gross misconduct is a qualifying event.¹⁰ Your employer must notify the plan administrator, and you will receive an election notice. COBRA is expensive because you pay the full premium plus a 2% administrative fee, but it keeps you and any dependents covered during the gap.

Unemployment Benefits

Whether TN holders can collect state unemployment insurance is a gray area. Eligibility generally requires that you were authorized to work during the base period, are unemployed through no fault of your own, and are “able and available” to work. The U.S. Department of Labor reads “able and available” as requiring current work authorization, which TN holders in the grace period do not have. Some states have allowed benefits on the theory that work authorization can be obtained as soon as a qualifying offer comes in, but this varies. Check with your state’s unemployment agency rather than assuming.

Leaving the Country Before Time Runs Out

If you decide not to pursue a new job or a change of status, you must leave before the grace period ends. Staying past the deadline triggers unlawful presence, and the consequences scale with how long you remain. More than 180 days but less than one year of unlawful presence results in a three-year bar from re-entry. One year or more triggers a ten-year bar.¹¹

These bars are difficult to waive. Even a short overstay can complicate future visa applications, because consular officers will see the gap between your authorized stay and your departure. Keep your flight confirmation, boarding passes, and any entry stamps from the country you traveled to. If you drove across the border, confirm your departure was recorded electronically by CBP. Proof that you left on time is your responsibility, and having it on hand can save real trouble the next time you apply for a U.S. visa.

1
U.S. Citizenship and Immigration Services. Options for Nonimmigrant Workers Following Termination of Employment
2
eCFR. 8 CFR 214.1 – Requirements for Admission, Extension, and Maintenance of Status
3
Department of State Foreign Affairs Manual. 9 FAM 402.17 USMCA Professionals – TN and TD Visas
4
U.S. Customs and Border Protection. Traveling on a TN or L1 Visa from Canada
5
U.S. Citizenship and Immigration Services. TN USMCA Professionals
6
Federal Register. Adjustment to Premium Processing Fees
7
USCIS. Form I-539 Instructions for Application to Extend/Change Nonimmigrant Status
8
U.S. Citizenship and Immigration Services. I-539, Application to Extend/Change Nonimmigrant Status
9
U.S. Citizenship and Immigration Services. USCIS Exempts Biometric Services Fee for All Form I-539 Applicants
10
U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers
11
U.S. Citizenship and Immigration Services. Unlawful Presence and Inadmissibility