TN Visa

USCIS Expands Flexibility for Responding to USCIS Requests

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID).
This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.

Notice/Request/Decision Issuance Date:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.

Response Due Date:

Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken.

Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.

USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

USCIS issued a policy update on 12/18/17 clarifying that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist.

Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are NOT eligible for classification as a TN economist.

TNs Working for Multiple Employers

Courtesy of AILA, September 13, 2016

Canadian TNs:

  • Canadian TN applicants applying at a Port of Entry (POE) should bring a TN support letter from each of the employers for whom he/she will be working in the U.S.
  • At Land POEs: CBP will issue an I-94 with the names of the different employers annotated on the back. If there is not enough room on a single I-94 document, additional I-94s will be issued to accommodate the names of all of the employers. Where multiple I-94s are issued, CBP will put the same I-94 number on each. CBP will also update the electronic I-94 system to reflect all employers for whom the TN is authorized to work. The TN will be authorized to work for all employers listed in the electronic system, even if on subsequent trips he or she is issued only a single I-94.
  • At Airports: CBP will list the names of all employers in the electronic I-94 system. The TN should download the electronic I-94 after entry.
  • Note: TN applicants will pay the $50 filing fee only one time, regardless of the number of employers. The $6 I-94 fee will also be paid only one time, unless multiple I-94s are issued at a land POE, in which case the TN must pay $6 for each I-94.
  • Canadian TNs originally approved for only one employer may return to the POE with new, additional TN applications to add concurrent employers at a later date. If new, concurrent TN employment is added at a later date, the applicant will need to pay a new $50 filing fee, plus $6 for a new I-94.

Mexican TNs:

  • Mexican TN applicants working for multiple employers must typically present this information to the consulate when applying for a visa. DOS should endorse the visa to reflect the names of approved employers.
  • Mexican TN applicants who are in possession of a valid TN visa endorsed for only one employer may present TN application letters at the POE to add new, concurrent employers.
  • CBP confirmed that Mexican citizens in possession of a valid TN visa may change employers by departing the U.S. and seeking reentry at a POE using the existing TN visa endorsed for the original employer, together with a TN application letter from the new employer. CBP will charge $50 plus a $6 I-94 fee to adjudicate the new TN application.
  • Alternatively, Mexican citizens holding a valid TN visa, and for whom an I-129 petition is filed and approved while he or she in the U.S., may add concurrent employers or change employers by appearing at a POE and presenting the I-129 approval notice and visa without going to the consulate for a new visa. The petitioner(s) on the I-129 petition(s) need not be the same petitioner(s) endorsed on the visa.

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