CANADIANS: NOW MAY BE THE TIME TO APPLY FOR TN VISA STATUS

In response to the coronavirus (Covid-19) pandemic and high domestic unemployment, President Trump’s April 22, 2020 proclamation suspended the entry into the U.S. for 60 days (and possibly longer) of certain immigrants (i.e. individuals seeking green cards or permanent residence in the U.S.). It did not suspend the entry of non-immigrant visa holders, e.g. TN visas.

However, Trump’s April 22nd proclamation 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.” In a Fox News interview on April 23, 2020, acting Homeland Security Secretary Chad Wolf said that DHS “will soon recommend a move to limit temporary work visas as well.” 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. If any non-immigrant visa suspension mirrors Trump’s immigrant visa suspension there may be exceptions, e.g. for healthcare professionals working to combat the spread of Covid-19.

Canadian citizens interested in applying for TN status should consider filing for their TNs as soon as possible to avoid possible restrictions should Trump move to limit or suspend the entry to the U.S. of non-immigrant workers. Canadians can still apply for TNs at Canadian airports with USCBP pre-flight inspection offices, and at some land border ports-of-entry. (Currently, Mexican citizens are generally unable to apply for TN visas except in limited scenarios due to U.S. consulate closings.)

Any prospective non-immigrant visa suspension may not impact an individual’s ability to apply for TN status by mail using form I-129, e.g. changing to TN visa status, renewing/extending TN status, or changing TN employers. Trump’s authority to suspend immigration is partly based on INA s. 212 (f), which generally provides the authority to bar only the entry of immigrants or non-immigrants to the U.S.