TD Status for TN Spouses and Children: Study, No Work, and What Non-Canadian Spouses Need
Your TN covers your family, but TD status lets them study and never work, and a spouse who is not a Canadian citizen generally needs a TD visa first.
Part of our guide to the TN visa.
A TN dependent visa is really TD status: the classification for the legally married spouse and unmarried children under 21 of a Canadian or Mexican TN professional. TD lets your family live in the US for no longer than your TN period and study, but it never allows work, and DHS's work-authorization rules list no TD work permit (EAD). What your family needs at the border depends on their citizenship, not yours. Canadian-citizen dependents need no visa. A Mexican spouse or child, or a spouse from almost any other country, needs a TD visa from a US embassy or consulate.
Status line, as of 2026-11-01: TN and TD rules are in effect and unchanged; the USMCA is in force but "not renewed" after the 2026-07-01 joint review, per the USTR statement. Online-presence review of TN and TD visa applicants has been in effect since 2026-10-01. Ending the 60-day worker grace period, TN dependents included (RIN 1615-AD22), is proposed only; comments close 2026-11-10 (check the Federal Register for the outcome after 2026-11-10).
What is a TN dependent visa (TD status)?
TD is the nonimmigrant status for the spouse and unmarried children under 21 of a TN professional. Under 8 CFR 214.6(j), they are admitted for the same period as the TN worker, may study, and may not accept US employment. Canadian citizens need no visa; Mexican and most other dependents need a TD visa.
The regulation is blunt. 8 CFR 214.6(j) says TD family members "shall not accept employment in the United States unless otherwise authorized under the Act." USCIS's TN USMCA Professionals page says they are "Not permitted to work while in the United States, but they are permitted to study," and get TD "for no longer than the period granted to the principal TN nonimmigrant."
Parents, siblings and children 21 or older do not qualify; if yours is a common-law partnership rather than a legal marriage, ask an immigration attorney first. The State Department's manual, 9 FAM 402.17-10, adds that TD applicants "must demonstrate a bona fide spousal or parent-child relationship" and, like TN applicants, face INA 214(b), the presumption of immigrant intent.
TD status at a glance (as of 2026-11)
| Question | Rule | Source |
|---|---|---|
| Who qualifies | Legal spouse; unmarried children under 21 | USCIS TN page |
| How long | Same period as the TN worker, never longer | 8 CFR 214.6(j)(1) |
| Study | Allowed, including full time | 9 FAM 402.17-10 |
| Work | Not allowed; no TD EAD category | 8 CFR 214.6(j)(4); 274a.12 |
| Visa | None for Canadian citizens; required for Mexican and most other dependents | 8 CFR 214.6(j)(2) |
| Border admission fee | None for dependents | 8 CFR 214.6(j)(3) |
| Extension inside the US | Form I-539, $470 paper / $420 online | G-1055, edition 10/26/26 |
| If the TN job ends | Up to 60 days or the end of the validity period, whichever is shorter; elimination proposed | 8 CFR 214.1(l)(2) |
Your own I-94 governs over any table. Check each family member's record on CBP's I-94 website after every entry.
Can a TD spouse work in the US?
No. A TD spouse cannot take a US job, freelance for US clients or accept a paid internship, and a TD teenager cannot take a summer or campus job. Work needs a separate legal basis.
Common misconception: "TD spouses can get a work permit, like L-2 and H-4 spouses."
Correction (as of 2026-11-01): L-2 and E-3 spouses work incident to status, as our guide to L-2S and E-3S work authorization without an EAD explains, and some H-4 spouses qualify for an H-4 EAD, covered in your H-1B family's options. TD has neither. 8 CFR 274a.12 lists the TN worker at paragraph (b)(19) but has no TD category (our reading of the eCFR text current to 2026-10-14). Any EAD a TD spouse holds must rest on another basis, such as a pending green card application.
Why the myth persists: 9 FAM 402.17-10 tells consular officers, in a public-charge note, that "TD visa holders may apply for employment authorization from DHS." DHS's rule above has no TD category, so we read that line as pointing to other bases, not to a TD work permit; an immigration attorney can confirm how it applies to your spouse.
One gray zone is remote work for a non-US employer while living in the US on TD. No source we checked settles it, so get a licensed immigration attorney's view before assuming it is allowed.
Can a TD dependent study full time?
Yes. The State Department's manual says: "They are, however, permitted to attend school on a full-time basis." A TD spouse can enroll in a degree program, and TD children can attend school, without changing to F-1.
What TD study does not give you is F-1 benefits: no CPT, OPT, STEM OPT or on-campus job. If the degree is meant to lead to US work, the student needs F-1 status, through a Form I-20 and either a change of status on Form I-539 or travel and re-entry in F-1. The USCIS tool showed 8.5 months for an I-539 change to F, M or J (read 2026-11-01; check the live tool), with premium processing listed at $2,075. Leaving the US while a change of status is pending is generally treated as abandoning it, so talk to the school's DSO and an attorney before travelling. The duration-of-status rule has been blocked by a federal court since 2026-09-14 (summary judgment briefed; DHS's appeal pending), so F-1 admission for duration of status continues.
TD ends for a child at 21 or on marriage, so plan a teenager's own status, often F-1, well before that birthday.
Does my spouse need a TD visa if they are not Canadian?
Generally yes. 8 CFR 214.6(j)(2) requires a TD visa "unless otherwise exempt," and the exemption that matters here covers Canadian citizens, not Canadian permanent residents.
Entry rules by the dependent's citizenship (as of 2026-11)
| Dependent's citizenship | TD visa? | How they enter | Note |
|---|---|---|---|
| Canadian | No | Apply for admission at a port of entry or preclearance, with you or later with proof of your TN status | No visa even if the TN worker is Mexican |
| Mexican | Yes | TD visa at a US embassy or consulate | If the TD visa has expired after an in-US extension, a new one is needed before returning from a trip abroad (USCIS) |
| Other, including Canadian permanent residents | Generally yes | TD visa in their own passport | Entries, validity and fees follow the TN worker's country's reciprocity schedule |
Per 9 FAM 402.17-10, a non-Canadian, non-Mexican TD applicant's "number of entries, fees, and validity" follow the TN principal's reciprocity schedule; the manual's example is "a Chinese national married to a Canadian," issued a multiple-entry TD visa "with no fee." It also says "There is no processing fee for classifying dependents of Canadian TNs." The manual carves out Iranian, Iraqi and Libyan family members who hold refugee or permanent resident status in Canada or Mexico, who may get only a one-entry visa valid for 3 months.
Nationality matters a second way. Proclamation 10998 (in effect since 2026-01-01, unchanged) suspends all nonimmigrant visas, TD included, for nationals of 19 fully restricted countries, with limited exceptions; 20 partially restricted countries lose B, F, M, J and immigrant visas. The manual text above predates it, so a spouse with a listed nationality should read State's travel-restriction page and talk to an immigration attorney before applying.
What a non-Canadian spouse of a Canadian TN needs
You do not need a TN visa yourself; the manual says a Canadian who got TN status without a visa "should be able to show a valid Form I-94." The exception: if you live in a third country, do not yet hold TN status and will enter together, you need a TN visa, because your spouse needs a visa to board.
Your spouse applies in their country of nationality or residence (the rule since 2025-09-06). State's September 2025 interview-waiver update leaves waivers only for some B-1/B-2 and H-2A renewals and diplomatic classes, so expect an in-person interview (our reading). According to MIT's international office, TD visa applicants are told to set social media profiles to "public," and the review "does not apply to Canadian citizens who do not apply for U.S. entry visa stamps." A 221(g) hold "can delay issuance for weeks or months," according to a 2026-10-30 Mintz outlook; check Global Visa Wait Times before booking.
- Gather the marriage certificate, children's birth certificates and proof of your TN status (your I-94 plus your TN employer letter or I-797).
- Complete Form DS-160 for each family member in the Consular Electronic Application Center, listing every social media identifier it asks for.
- Check the fee and reciprocity instructions on your embassy or consulate's website.
- Schedule an in-person interview at a US embassy or consulate in your spouse's country of nationality or residence.
- Attend with the passport, DS-160 confirmation, relationship documents, TN evidence and proof the family can support itself.
- Verify the I-94 on CBP's website after entry: class TD, ending no later than yours.
How does a TD spouse extend status?
TD extends alongside your TN. Your family either applies for readmission with you when you renew at a port of entry, or files Form I-539 with USCIS when your employer extends your TN on Form I-129. Either way, their end date cannot pass yours.
At the border, a TN worker in good standing may apply for readmission before the current stay expires (8 CFR 214.6(h)(2)); Canadian-citizen dependents apply alongside, and non-Canadians need an unexpired TD visa. Our TN visa renewal guide compares both routes. Through USCIS, a TN I-129 costs $1,015 on paper ($510 for small employers and nonprofits), premium $2,965; TN is not among the classes USCIS opened to online PDF upload on 2026-10-07, and from 2026-11-09 only the 09/09/26 I-129 edition is accepted. The tool showed 4.5 months (read 2026-11-01). For the family:
- File Form I-539 before each dependent's current I-94 end date, with evidence of your current TN status, as 8 CFR 214.6(j)(1) requires. The Form I-539 page suggests filing at least 45 days ahead and says the passport must be valid for the whole period requested.
- Use the 08/28/24 paper edition (USCIS is not accepting 09/15/26) or file online.
- Pay $470 paper or $420 online under G-1055, by card or ACH.
- Mail paper filings to the addresses changed on 2026-10-07; the filing-location update accepts old addresses only if postmarked on or before 2026-11-09.
G-1055 lists I-539 premium processing only for F, J and M classifications, so do not plan on premium processing for a TD extension; check the premium processing page for any change.
What happens to TD status if the TN job ends?
Today the grace period still exists. 8 CFR 214.1(l)(2) protects a TN worker "and his or her dependents" after a job ends "for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter," once per validity period, and DHS may shorten it. No one in the family may work during it.
The proposed rule would remove that protection for TN workers and dependents. It is proposed, not final: about 27,000 comments as of 2026-11-01, closing 2026-11-10 at 11:59 p.m. ET. It would leave only the 10 days after a validity period ends, which run from the petition's end date, not a layoff. See our explainer on the TN and E-3 grace-period proposal.
What work options does a TD spouse have?
A TD spouse who wants to work must move into, or add, a status that allows it: their own TN, an H-1B or other sponsored status, F-1 study followed by OPT, or an EAD tied to a pending green card application.
Work routes for a TD spouse (as of 2026-11)
| Route | Who it fits | Status notes |
|---|---|---|
| Own TN | Canadian or Mexican citizen in a listed USMCA profession with a US offer | USCIS approved 94.9% of TN I-129s it decided in FY2026 Q1-Q3 (USCIS-filed only; RFE rate 13.0%) |
| H-1B | Any nationality with a specialty-occupation offer; cap selection or a cap-exempt employer | FY2028 registration not announced; wage-weighted selection in effect since 2026-02-27; $100,000 payment not collected (blocked, on appeal) |
| Other sponsored status | E-3 (Australians), H-1B1 (Chile, Singapore), O-1, L-1 | Proclamation 11069 covers H-1B only |
| F-1, then OPT | Anyone who wants a US degree | OPT-fee rule proposed, comments close 2026-11-09 (check the Federal Register after 2026-11-09); TD study alone never leads to OPT |
| Green card EAD (c)(9) | Spouse in a pending I-485 | 12 to 12.5 months in the USCIS tool (read 2026-11-01); no automatic extension for renewals filed on or after 2025-10-30 |
Approval rate = approvals / (approvals + denials), from USCIS I-129 data through FY2026 Q3.
- Own TN. Professions and evidence are in our complete TN guide for Canadians and Mexicans.
- H-1B. USCIS has said the $100,000 payment never applied to changes of status it grants inside the US; a denied change of status, which sends the worker to a consulate, would be covered if collection ever resumed.
- F-1, then OPT. Under the OPT-fee proposal the school, not the student, is the legal payer (it may pass the cost on). Ask the school's DSO when OPT eligibility would start after a change from TD to F-1.
- Green card. TN requires nonimmigrant intent, so timing matters; see whether the TN visa is dual intent and plan it with an attorney.
Worked example: a Canadian TN with a non-Canadian spouse
Daniel, a Canadian citizen, starts a TN job. Ana, his wife, is a Brazilian citizen and Canadian permanent resident; their son Leo, 9, is Canadian. Names and dates are illustrative.
| Date | What happens | Rule |
|---|---|---|
| 2026-11-16 | Daniel is admitted as TN at US preclearance in Canada, I-94 to 2029-11-15; Leo is admitted as TD with him, no visa | 8 CFR 214.6(d)(2), (j) |
| Late 2026 | Ana files a DS-160 and interviews in person at a US post in Canada, showing Daniel's I-94 as proof of his TN status | Residence counts; Canadian PR is not an exemption; 9 FAM 402.17-10 |
| On issuance | Her TD visa, in her Brazilian passport, follows Canada's reciprocity schedule; she enters as TD and her I-94 cannot pass 2029-11-15 | 9 FAM 402.17-10; 8 CFR 214.6(j)(1) |
| 2027 | Ana starts a part-time master's on TD; no campus job, no OPT | Study yes, work no |
| 2027 onward | Ana wants to work; as a Brazilian she cannot get her own TN, so H-1B, F-1 then OPT, or a green card EAD | Work routes table |
| Before 2029-11-15 | Daniel extends; Ana and Leo apply with him at the border (Ana with an unexpired TD visa) or file Form I-539 | 8 CFR 214.6(h) |
Common mistakes
- Assuming a TD EAD exists. It does not.
- Treating Canadian permanent residence as Canadian citizenship. A PR spouse still needs a TD visa.
- Letting a TD teenager take a part-time job. The bar covers children.
- Enrolling on TD to get OPT later. Only F-1 leads to CPT and OPT.
- Missing a child's 21st birthday. TD ends then, or earlier if the child marries.
- Skipping the I-94 check. A wrong class or end date needs fixing early, and an I-539 must be filed before that end date.
- Mailing an I-539 to an old address after 2026-11-09, or using the 09/15/26 edition.
- Treating the grace-period proposal as law. The 60 days still apply as of 2026-11-01.
Frequently asked questions
Can a TD spouse work in the US?
No. Under 8 CFR 214.6(j)(4), TD spouses and children may not accept US employment unless another part of immigration law authorizes it, and as of November 1, 2026 there is no EAD category for TD. Work needs a separate basis, such as the spouse's own TN or H-1B, OPT after changing to F-1, or an EAD tied to a pending green card application.
Can a TD dependent study full time?
Yes. USCIS says TD family members are not permitted to work but are permitted to study, and the State Department's manual says they may attend school full time. TD study does not bring F-1 benefits such as CPT, OPT or on-campus jobs.
Does my spouse need a TD visa if they are not Canadian?
Generally yes. The dependent's own citizenship decides, so a non-Canadian spouse needs a TD visa even when the TN worker is Canadian and entered without one, and Canadian permanent residence does not change that. TD visa applicants have been in the State Department's online-presence review since October 1, 2026.
How does a TD spouse extend status?
TD never runs past the TN worker's period. The family either applies for readmission with the TN worker at a port of entry, which needs a valid TD visa for non-Canadians, or files Form I-539 with USCIS before each dependent's I-94 end date, which costs $470 on paper or $420 online under G-1055 edition 10/26/26.
What work options does a TD spouse have?
A Canadian or Mexican spouse in a listed USMCA profession can get their own TN. Any spouse can pursue H-1B or another sponsored status, F-1 study followed by OPT, or an EAD while a green card application is pending. Confirm eligibility with a licensed immigration attorney, or a DSO for F-1 and OPT.
Sources
- USCIS, TN USMCA Professionals
- eCFR, 8 CFR 214.6, 214.1, 274a.12
- State Department, 9 FAM 402.17, interview-waiver update, travel restrictions under Proclamation 10998, Global Visa Wait Times
- USCIS, Form I-539, G-1055, premium processing, filing-location updates, processing times
- Federal Register, grace-period proposed rule
- USTR, USMCA joint review statement
How we checked this: on 2026-11-01 we read 8 CFR 214.6, 214.1 and 274a.12 (eCFR text current to 2026-10-14), 9 FAM 402.17, the USCIS TN, I-539, premium-processing and I-129 online-filing pages, G-1055 (edition 10/26/26) and the Federal Register proposal. Processing times are a dated snapshot; the live tools govern.
This is general information, not legal or tax advice; your own I-94 and notices, and your DSO or a licensed immigration attorney, govern your case.
If your family's plan includes a sponsored US job, for a spouse leaving TD or for you, F1Jobs helps visa holders find employers who sponsor.
Frequently asked questions
Can a TD spouse work in the US
No. Under 8 CFR 214.6(j)(4), TD spouses and children may not accept US employment unless another part of immigration law authorizes it, and as of November 1, 2026 there is no EAD category for TD. Work needs a separate basis, such as the spouse's own TN or H-1B, OPT after changing to F-1, or an EAD tied to a pending green card application.
Can a TD dependent study full time
Yes. USCIS says TD family members are not permitted to work but are permitted to study, and the State Department's manual says they may attend school full time. TD study does not bring F-1 benefits such as CPT, OPT or on-campus jobs.
Does my spouse need a TD visa if they are not Canadian
Generally yes. The dependent's own citizenship decides, so a non-Canadian spouse needs a TD visa even when the TN worker is Canadian and entered without one, and Canadian permanent residence does not change that. TD visa applicants have been in the State Department's online-presence review since October 1, 2026.
How does a TD spouse extend status
TD never runs past the TN worker's period. The family either applies for readmission with the TN worker at a port of entry, which needs a valid TD visa for non-Canadians, or files Form I-539 with USCIS before each dependent's I-94 end date, which costs $470 on paper or $420 online under G-1055 edition 10/26/26.
What work options does a TD spouse have
A Canadian or Mexican spouse in a listed USMCA profession can get their own TN. Any spouse can pursue H-1B or another sponsored status, F-1 study followed by OPT, or an EAD while a green card application is pending. Confirm eligibility with a licensed immigration attorney, or a DSO for F-1 and OPT.