Update on 3 Year TN Rule for Border Applications
We are receiving reports that despite the implementation of the TN 3 year rule today, CBP officials have refused to issue 3 year TNs today. CBP officers are aware of the new rule, but have not yet received any guidance from CBP headquarters on how they should handle the new TN 3 year period. For example, CBP's computer system does not yet allow the data entry of a 3 year TN. Additionally, there is some concern over whether the filing fee for a TN remains $56 or if they should charge $168 now (3 years x $56).
I believe the fee for TN border applications will remain the same $56 as the revised regulation still refers to this fee and does not mention an increase in fees. See 8 C.F.R. s. 214.6 (a). Also, the Regulatory Impact Analysis prepared by USCIS on March 8, 2008, does not appear to contemplate an increase in TN application filing fees.
In any event, it appears that CBP is not yet issuing 3 year TNs until it receives some guidance from CBP headquarters. Stay tuned for updates as more information becomes available.