CBP plans to issue guidance soon regarding its policy of adjudicating TN visa status applications at land borders in light of the recent WHTI requirements for Canadian citizens. CBP has indicated that its land border WHTI program is “still in an informed compliance stage” and will “exercise flexibility where feasible.”

CBP states that generally “the nonimmigrant applicant for admission as a TN or L should be admitted to the expiration of the WHTI compliant document.” This means that applicants for TN visa status may have their TN visa status I-94s limited to the expiration date of their passport, Enhanced Driver License, NEXUS, or other compliant document.

CBP plans to issue further guidance in 30 days on this issue and will provide a Question and Answer under the travel section of its website.    

From AILA InfoNet Doc. No. 09102962 (Posted 10/29/09).