CORONAVIRUS (COVID-19) IMPACT ON TN VISAS - UPDATED 3/21/20
The following provides an overview of current and potential impacts on the TN visa classification due to the Coronavirus pandemic. As filing and travel restrictions are subject to change, please review all applicable agency information or speak with an attorney prior to traveling or filing your TN visa application.
INITIAL TN VISA APPLICATION FILINGS
Mexican Citizens - Suspended for Mexico beginning March 18, 2020. Exceptions on a limited basis for emergency travel only.
Canadian Citizens -
Pre-flight Inspection Filings - The U.S./Canadian border closure does not apply to air travel between the U.S. & Canada. See Notification of Temp. Travel Restrictions, pg. 5. 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 (e.g. regarding Canadian international flights).
Land Border Filings - Travel by land through the U.S./Canadian border will be restricted to “essential travel” beginning March 20, 2020 at 11:59 PM ET until April 20, 2020 at 11:59 PM ET. Essential travel is stated to include: “Individuals traveling to work in the United States”. See Notification of Temp. Travel Restrictions, pg. 4. Presumably this encompasses individuals applying for work visas at the U.S./Canadian border. Applicants should exercise caution until USCBP verifies applications can still be filed. Other restrictions may otherwise limit the ability to apply at the border.
Further domestic travel restrictions and/or border closure provisions may restrict any available filing options in the future.
I-129/Mail-in Filings - Available. However, subject to above possible border closure / limitations when seeking entry to the U.S. with approved TN petition.
DHS has announced it will defer the physical presence requirements for completing Form I-9 for employees working remotely.
More info on initial TN visa filings.
TRAVEL WITH EXISTING TN VISA / STATUS
Mexican & Canadian Citizens - May be permissible with valid TN visa documentation with some restrictions. Additionally, both Canadian and Mexican land borders will be closed to essential travel only.
Travel by land through the U.S./Canadian border will be restricted to “essential travel” only beginning March 20, 2020 at 11:59 PM ET until April 20, 2020 at 11:59 PM ET.
Essential travel includes: “Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work)”.
Air travel between the U.S. & Canada is not currently subject to the border closure.
Mexican border travel will also be restricted to “essential travel” starting March 21, 2020 for 30 days.
Possible other travel restrictions may limit the ability to travel and return to the U.S. in the future.
REMOTE WORK UNDER EXISTING TN VISA / STATUS
Mexican & Canadian Citizens - Permissible without filing new or amended applications provided work is for same employer, and no substantial changes to job duties.
More info on TN visa amendments.
EXTENSION OF / CHANGE TO TN VISA STATUS BY MAIL
Mexican Citizens - Available. 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, starting March 18, 2020.
Canadian Citizens - Available. If more severe travel restrictions are imposed, or if the U.S./Canada border closure prohibits TN visa filings, an I-129 petition filing may be the only option available for Canadian citizens to extend/renew their TN visa status, or change to TN status.
However, USCIS is now suspending premium processing for all I-129 petitions effective March 20, 2020. This may make usage of the I-129 form for changes of status or changes of employer prohibitive as regular processing of I-129 TN petitions can take approx. 2-4 months. Applicants could try seeking expedited processing of the I-129, e.g. if the applicant / employer would face “severe financial loss”.
More info on TN visa extensions, change of status, & change of employer