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Current TN Visa Filing Options During Coronavirus (COVID-19) Pandemic

Brian D. Zuccaro

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

As of April 30, 2021, the U.S. Embassy in Mexico provides the following status update of its visa operations in Mexico.

  • Available at Ciudad Juarez, Guadalajara, Hermosillo, Matamoros, Merida, Mexico City, Monterrey.

  • However, these consulate services are very limited in availability, and applicants may experience significant delays for visa appointments.

  • If applicants have an urgent need for travel, they may request an emergency appointment.

  • Services not available at Nogales, Nuevo Laredo, or Tijuana.

  • The DOS expanded the interview waiver requirement so that individuals who possessed a TN visa stamp that expired less than 48 months ago may qualify for a waiver of the in-person interview requirement. However, the Mexican Embassy has stated that routine appointments for applicants not ordinarily resident in Mexico are not available at this time. The Embassy further advises that any applicant currently residing in the U.S. who seeks to extend their status should file an I-129 petition with USCIS (see below).

CANADIAN CITIZENS APPLYING FOR TNS AT BORDER / PRE-FLIGHT INSPECTION OFFICES

  • Land Entry: Currently Available at most ports-of-entry, but with possible restrictions at others. Contact your planned port-of-entry for verification prior to filing.

  • Air Entry: The U.S./Canadian border closure, which has been extended until May 21, 2021, does not apply to air travel between the U.S. & Canada. 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. If applying for a TN by air at a Canadian airport, applicants must complete Covid testing prior to boarding.

  • Individuals planning to flagpole, i.e. travel from the U.S. into Canada solely for the purposes of applying for TN status, should contact Canadian authorities to verify whether they must complete Covid testing prior to entering Canada and/or if they will be subject to quarantine.

  • Prospective applicants should also verify that their entry is not suspended due to any Presidential Proclamations as result of recent travel through a restricted country.

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.

  • Premium processing available.

  • Due to limited and potentially restrictive 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.

CANADIAN CITIZENS APPLYING FOR TN BY MAIL WITH FORM I-129

  • Currently Available by filing Form I-129.

  • Premium processing available.

  • “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.

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: