Effective October 1, 2012, changes to filing procedures for TN classification have changed. These changes impact both individuals and employers of foreign nationals. Filing of L petitions are not effected by these changes.
Canadian TN Nonimmigrants
USCIS is now accepting Form I-129, Petition for Nonimmigrant Workers, filed on behalf of Canadian citizens seeking TN classification under NAFTA. Prior to this, USCIS only accepted Form I-129 in connection with a request to extend a TN nonimmigrant’s stay, or to change a nonimmigrant’s status to TN.
Canadian citizens will continue to have the option of applying at a port of entry, through Customs and Border Protection (CBP), for TN status in conjunction with an application for TN admission to the U.S.
Canadian L-1 Nonimmigrants
Canadian citizens may continue to apply directly to CBP for L-1 admission to the U.S. by presenting Form I-129 or I-129S, Nonimmigrant Petition Based on Blanket L Petition, with supporting documentation to CBP. Employers also have the option of filing a Form I-129 (individual petition) with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer with an approved L-1 blanket petition may file Form I-129S along with supporting documentation with the same USCIS service center that approved the L-1 blanket petition on behalf of a Canadian citizen (or any visa-exempt beneficiary) who is outside the U.S.
How an Immigration Attorney Can Help You
Our office specializes in the preparation and submission of work permits for Canadians located in Southern Ontario and other Provinces. The decision of whether or not to apply at a port of entry or via mail to USCIS is a strategic one that should be discussed with an Immigration Attorney with border experience. Our attorneys appear with our clients 2-3 times each week at the Peace Bridge, and we have a deep understanding of the issues facing these applications. Please contact us so that we may help you cross the border with confidence.