The U.S. Citizenship and Immigration Services (USCIS) announced on October 3 that it will begin accepting Form I-129, Petition for Nonimmigrant Worker, from employers wishing to employ Canadian citizens who are outside the United States and seek Trade NAFTA (TN) status. Until now, in order to apply for TN admission, Canadian citizens had to apply in person to CBP at an airport or a land port of entry. Canadian citizens could only apply for TN status with the USCIS when requesting an extension of stay in TN status or when requesting a change of status to TN.
The U.S. government will now accept TN Visa nonimmigrant petitions! This is a change that allows you to file papers with the U.S. government rather than going to the border to apply for the TN Visa. After approval of a TN Visa petition, the TN applicant may take the petition approval notice to a preflight inspection station or land port of entry and apply for admission under TN status. The Service Center’s approval of the petition should not receive further inquiry, but there is no guarantee that the agency’s officers will not attempt to readjudicate the applicant’s eligibility for TN status.
Canadian citizens will continue to have the option of applying at the border for TN admission. TN admission procedures for Mexican citizens remain unchanged; Mexican citizens will still need to apply for a TN visa at a U.S. consulate or embassy.
To find out more about the immigration or business law, contact Scott Legal, P.C.
Ian E. Scott, Esq. is a Harvard Law School graduate and the Founder of Scott Legal, P.C. He can be reached at 212-223-2964 or by email at firstname.lastname@example.org.
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