USCIS Announces a New Filing Option on behalf of Canadian TN Nonimmigrants and Reminds Employers of the Current Filing Options on behalf of Canadian L-1 Nonimmigrants
Canadian TN Nonimmigrants
On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant.
With respect to the TN classification, USCIS currently only accepts 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 continue to have the option of applying to U.S. Customs and Border Protection (CBP) for TN classification in conjunction with an application for TN admission to the United States. Please refer to CBP’s website for additional information and requirements for applying for admission to the United States.
Please see our Web pages concerning Direct Filing Addresses for Form I-129, TN North American Free Trade Agreement (NAFTA) Professionals, and Frequently Asked Questions for TN’s.
Canadian L-1 Nonimmigrants
As a reminder, an employer has the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer that has an approved L-1 blanket petition also has the option to file a Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, along with supporting documentation, with the 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 United States. As before, Canadian citizens may apply for L-1 classification in conjunction with an application for L-1 admission to the United States by presenting the Form I-129 (individual petition) or I-129S (under an approved blanket petition) and supporting documentation to CBP.
Please see our L-1A and L-1B Web pages.
Background: Beyond the Border
On Feb. 4, 2011, President Barack Obama and Prime Minister Stephen Harper announced the United States-Canada joint declaration, Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness. Beyond the Border communicates a shared approach to security in which both countries work together to address threats within, at, and away from our borders, while expediting lawful trade and travel.
Since the Feb. 4, 2011 announcement, the governments of the United States and Canada have worked to identify specific action items to advance the goals of Beyond the Border. These initiatives are described in the Beyond the Border Action Plan, which was released on Dec. 7, 2011, by President Obama and Prime Minister Harper.
Please see the Department of Homeland Security’s Beyond the Border website for additional information. The filing options noted in this announcement are a result of this collaborative effort.