USCIS TO RESUME PREMIUM PROCESSING FOR I-129 TN PETITIONS
USCIS has announced that it will resume premium processing for I-129 petitions in phases over the next several weeks. The agency had suspended its premium processing service, which ensures review of I-129 petitions in 14 days, in March due to the Coronavirus. Employers may begin to file I-129 TN petitions with USCIS using premium processing based on the following timeline:
Starting June 8, 2020, individuals who have I-129 petitions requesting TN visa status that were filed prior to June 8th and that are still pending may now have their employer request to upgrade their pending petition to premium processing.
Starting June 22, 2020, any new I-129 petitions requesting TN visa status may be filed under premium processing. Employers can also file I-129 TN petitions now, and later request an upgrade to premium processing if the I-129 petition is still pending beyond June 22nd.
The reinstatement of premium processing for I-129 TN petitions is particularly important for citizens of Mexico. With U.S. consulates closed worldwide, the only sound option for Mexican citizens to change TN visa employers is to file an I-129 petition. However, under regular processing such a petition could take between 2-4 months to be approved, and the applicant could not begin working with the new employer until USCIS approved the petition. The resumption of premium processing will now make an I-129 petition filing more viable for Mexican citizens to change TN employers. The same holds true for Canadian citizens who may be hesitant to travel outside of the U.S. at this time to file a TN application for a new employer.
Additionally, premium processing can also be beneficial for those filing I-129 petitions to extend their TN visa status. While TN visa workers can continue to work beyond the expiration date of their I-94s during the extension process, they cannot depart the U.S. while their I-129 petition is pending or else it may be denied. Filing the petition via premium processing would reduce the length of time the applicant would be subject to this travel bar. Additionally, some states tie the expiration dates of their driver’s licenses to the expiration dates of non-citizens’ I-94 records. It can be difficult to renew these licenses without a new I-94 record. Utilizing premium processing to obtain approval of an I-129 extension petition can help ensure that a TN visa worker obtains a new I-94 record in time to renew his/her driver’s license.