As an immigration lawyer who often represents Canadian citizens, it is important to keep up with changes for the TN category — one of the most used visas for Canadian citizens. A few new filing options for TN status is of particular interest to my Canadian clients:
Since October 1st, 2012, USCIS began accepting applications seeking TN classification for Canadian citizens who are outside of the United States. Previously, USCIS only accepted Form I-129 in connection with extension or change of status to TN nonimmigrant. Canadians seeking to file initial applications for TN status had to make them in person at a U.S. Customs Pre-Border Protection (CBP) pre-flight inspection station, land border, or airport. Canadians now have the option of applying at a port of entry or by having their sponsoring employer file ahead of time with a USCIS service center.
Due to the unpredictability and inconsistencies sometimes faced at the border, many TN applicants are now choosing to file ahead of time. This change allows for better planning and predictability for TN applicants.
As a reminder, Immigration Officers will routinely limit the validity of the TN visa to the expiration date of the Canadian citizen’s passport. For this reason, particularly if the employer is requesting a period of admission of three years, it is important to have a valid passport with an expiration date that covers the period requested.
If you would like a consultation to discuss your TN visa, give us a call at 512-215-5225.