CURRENT TN VISA FILING OPTIONS DURING CORONAVIRUS (COVID-19) PANDEMIC
The following provides an overview of current TN visa filing options during the Coronavirus pandemic. These rules are subject to change. Please review all applicable agency information or speak with an attorney prior to filing your TN visa application.
Initial / “New” TN Visa Application Filings
MEXICAN CITIZENS APPLYING FOR TN VISA STAMPS AT U.S. EMBASSY / CONSULATE
Currently Not Available.
The Dept. of State suspended non-immigrant visa operations, which include TN visas, for Mexico beginning March 18, 2020. Consular operations remain suspended.
Non-immigrant visa appointments including for TN visas may still be available on a limited basis for emergency travel only.
The U.S. Dept. of State has indicated that medical professionals may also be eligible to obtain visa appointments, but appear to limit this to H-1B and J-1 visa holders. TN visa medical professionals should contact the U.S. Embassy for further information and/or attempt scheduling an appointment through the government’s emergency travel procedures.
President Trump’s April 22, 2020 proclamation did not suspend non-immigrant visa applications, e.g. for TN visas. However, Trump indicated that within the next 30 days he will be reviewing the non-immigrant visa classifications, and may seek “other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” This could possibly result in the denial or limitation of admission of non-immigrant workers to the U.S., which could include TN visa workers.
CANADIAN CITIZENS APPLYING FOR TNS AT PRE-FLIGHT INSPECTION OFFICES IN CANADA
Currently Available, but with possible restrictions.
The U.S./Canadian border closure, which has been extended until June 22, 2020, does not apply to air travel between the U.S. & Canada. See Notification of Temp. Travel Restrictions, pg. 5.
This means that Canadian citizens should be able to apply for TNs at applicable Pre-flight Inspection offices at Canadian airports, provided no other travel prohibition applies (e.g. regarding Canadian international flights). For example, as of 5/27/2020, the Toronto Pearson USCBP office is still adjudicating TN applications as usual.
However, on March 25, 2020, Canada announced an Emergency Order that requires a mandatory quarantine for individuals entering Canada by air, sea, or land for 14 days whether or not they have symptoms of Covid-19. Violating the quarantine could “lead to up to 6 months in prison and/or $750,000 in fines.”
As result, Canadian citizens in the U.S. who travel to Canada to later file for TN status at a Pre-Flight Inspection office or land border may need to quarantine first for 14 days. There are some exemptions to this order, e.g. for individuals who “cross the border regularly to go to work”.
President Trump’s April 22, 2020 proclamation did not suspend TN filings at Pre-Flight Inspection offices in Canada. However, as stated above, Trump indicated that he will be reviewing the non-immigrant visa classifications, and may place restrictions on non-immigrant visas in the near future. This could possibly result in the denial or limitation of admission of non-immigrant workers to the U.S., which could include TN visa workers.
CANADIAN CITIZENS APPLYING AT LAND BORDER
Currently Available at most land borders.
TN filings at the Canadian/U.S. border are possible, but applicants should exercise caution due to extension of the border closure.
The U.S./Canadian border closure, which has been extended until June 22, 2020, limits travel by land through the U.S./Canadian border to “essential travel”.
Essential travel is stated to include: “Individuals traveling to work in the United States”. See Notification of Temp. Travel Restrictions, pg. 4.
Some USCBP offices are continuing to process TN applications.
As of 5/26/2020, the Peace Bridge Buffalo, NY port-of-entry is still processing TN visa applications.
As of 5/1/2020, the Peace Arch Blaine, WA port-of-entry is still processing TN visa applications.
Other ports-of-entry are not adjudicating TN applications. For example, I have reports that the Derby Line, VT and Alexandria Bay, NY ports-of-entry are either not adjudicating or placing restrictions on TN applications at this time.
According to a recent report (4/7/2020), Canadian border officers at the Peace Bridge port-of-entry (Buffalo, NY) and Peace Arch port-of-entry (Blaine, WA) have advised that if an individual is entering Canada from land and is immediately turning around to apply for TN status at the U.S. border (i.e. flag poling), then the individual does not have to undergo a mandatory quarantine in Canada.
TN filings at the Mexico/U.S. border are possible, but applicants should exercise caution.
The U.S./Mexican border closure, which has been extended until June 22, 2020, also limits travel by land through the U.S./Mexican border to “essential travel” as described above.
Applicants should exercise caution before applying for their TNs, and should contact the applicable port-of-entry to verify that they are still adjudicating TN visa status applications.
President Trump’s April 22, 2020 proclamation did not suspend TN filings at land borders. As stated above, if Trump places restrictions on the non-immigrant visa classifications, this could possibly result in the denial or limitation of admission of non-immigrant workers to the U.S., which could include TN visa workers. It is possible that the Trump could act in the very near future.
CANADIAN CITIZENS OUTSIDE OF U.S. APPLYING FOR TN BY MAIL WITH FORM I-129
Currently Available.
However, subject to above possible border closure / limitations when seeking entry to the U.S. with approved TN petition.
Additionally, USCIS’ suspension of premium processing may render advance I-129 filings impractical as regular processing times can range from 1 - 4 months.
More info on initial TN visa filings.
Extension of / Change to TN Visa Status By Mail
MEXICAN CITIZENS APPLYING FOR TN BY MAIL WITH FORM I-129
Currently Available by filing Form I-129, but with possible lengthy processing times (see below).
Due to the suspension of consulate operations in Mexico, an I-129 petition filing may be the only option available for Mexican citizens to extend/renew their TN status, or change to TN status, starting March 18, 2020.
CANADIAN CITIZENS APPLYING FOR TN BY MAIL WITH FORM I-129
Currently Available by filing Form I-129, but with possible lengthy processing times (see below).
“Renewals” of TN status may still be obtained at a Pre-flight Inspection office in Canada or at the U.S. border as described above.
If more severe travel restrictions are imposed, or if President Trump issues a proclamation suspending the admission of non-immigrant workers, an I-129 petition filing may be the only option available for Canadian citizens to extend/renew their TN visa status, or change to TN status.
PREMIUM PROCESSING OF FORM I-129 SUSPENDED
USCIS has suspended premium processing for all I-129 petitions effective March 20, 2020.
This may make usage of the I-129 form for changes of status or changes of employer prohibitive as regular processing of I-129 TN petitions can take approx. 1-4 months.
The suspension of premium processing should not have as significant an impact on renewals/extensions of status requests for the same employer (see below).
Applicants could try seeking expedited processing of the I-129, e.g. if the applicant / employer would face “severe financial loss”.
FORM I-129 FILING INFO
Employers can file I-129 petitions 6 months in advance of a TN worker’s I-94 expiration (for extension of status filings) or 6 months in advance of their start date (for changes of employer/changes of status).
Individuals applying by mail for an extension of their TN visa status must file their I-129 petition before their I-94 expires.
A TN visa worker whose I-94 has expired, but who has filed a timely I-129 petition for an extension of status is allowed to continue working for the same employer for 240 days past the expiration date of his/her I-94. More on Extension of Status. This work authorization grant is not allowed during change of status filings.
USCIS has granted some flexibility in responding to Requests for Evidence (RFE). Individuals who have filed I-129 petitions and have received an RFE dated between March 1 and May 1, 2020 will be provided an additional 60 days to respond to their RFE.
USCIS has also stated that the late filing of an Extension of Status or Change of Status application may be excused if the failure to file on time, i.e. prior to the expiration date of one’s I-94 (or grace period, if applicable), “was due to extraordinary circumstances beyond their control” caused by the Covid-19 pandemic.
More info on TN visa extensions, change of status, & change of employer
FURTHER INFORMATION:
AILA Fact Sheet - President Proclamation Suspending Immigrant Entry
U.S. Embassy Canada - COVID-19 Related Travel Restrictions across the U.S. Borders with Canada and Mexico
U.S. Embassy Mexico - Travel Fact Sheet
Congressional Research Service - Recovery Rebates and Unemployment Compensation under the CARES Act
Extension of / Change to TN Visa Status By Mail
MEXICAN CITIZENS APPLYING FOR TN BY MAIL WITH FORM I-129
Currently Available by filing Form I-129, but with possible lengthy processing times unless premium processing is used (see below).
Due to the suspension of consulate operations in Mexico, an I-129 petition filing may be the only option available for Mexican citizens to extend/renew their TN status, or change to TN status.
However, on Aug. 25, 2020 the DOS expanded the interview waiver requirement so that individuals who possessed a TN visa stamp that expired less than 24 months ago may qualify for a waiver of the in-person interview requirement. This visa renewal policy is in effect until December 31, 2020.
CANADIAN CITIZENS APPLYING FOR TN BY MAIL WITH FORM I-129
Currently Available by filing Form I-129, but with possible lengthy processing times unless premium processing is used (see below).
“Renewals” of TN status may still be obtained at a Pre-flight Inspection office in Canada or at the U.S. border as described above.
PREMIUM PROCESSING OF FORM I-129
Available for TN I-129 petition starting June 22nd.
USCIS had suspended premium processing for all I-129 petitions effective March 20, 2020. This made make usage of the I-129 form for changes of status or changes of employer prohibitive as regular processing of I-129 TN petitions can take approx. 2-4 months.
Now that premium processing will be available for I-129 TN petitions starting on June 22nd, the use of this mail-in process for changes of status or changes of employer is now a viable option for employers.
FORM I-129 FILING INFO
Employers can file I-129 petitions 6 months in advance of a TN worker’s I-94 expiration (for extension of status filings) or 6 months in advance of their start date (for changes of employer/changes of status).
Individuals applying by mail for an extension of their TN visa status must file their I-129 petition before their I-94 expires.
A TN visa worker whose I-94 has expired, but who has filed a timely I-129 petition for an extension of status is allowed to continue working for the same employer for 240 days past the expiration date of his/her I-94. More on Extension of Status. This work authorization grant is not allowed during change of status filings.
USCIS has granted some flexibility in responding to Requests for Evidence (RFE).
USCIS has also stated that the late filing of an Extension of Status or Change of Status application may be excused if the failure to file on time, i.e. prior to the expiration date of one’s I-94 (or grace period, if applicable), “was due to extraordinary circumstances beyond their control” caused by the Covid-19 pandemic.
More info on TN visa extensions, change of status, & change of employer
FURTHER INFORMATION:
AILA Fact Sheet - President Proclamation Suspending Immigrant Entry
U.S. Embassy Canada - COVID-19 Related Travel Restrictions across the U.S. Borders with Canada and Mexico
U.S. Embassy Mexico - Travel Fact Sheet
Congressional Research Service - Recovery Rebates and Unemployment Compensation under the CARES Act