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Brian D. Zuccaro

Attorney at Law
Serotte Reich & Wilson
300 Delaware Ave.
Buffalo, NY 14202
P: 716.854.7525
E-mail
@bzuccaro

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Approval of TN Visa Application


1. Admission to the U.S. under TN Visa Status.

  • Once U.S. Customs and Border Protection ("CBP") has approved a Canadian citizen's application for TN status, he or she will recieve an I-94 document, which provides the date the employment authorization and period of TN status expires. See Sample TN I-94 Form.
  • A Mexican citizen must present to CBP a valid TN visa stamp in order to apply for admission to the U.S. Upon satisfactory review, CBP will then issue the I-94 document.
  • The I-94 should bear the legend “multiple entry,” which means that the TN professional may depart and re-enter the U.S. during the period of authorized TN status.
  • As of October 16, 2008, USCIS has extended the authorized period of stay for TN visa status from one year to three years. Individuals may now request TN status for up to a three year period.
  • CBP charges Canadian citizens a US$50.00 application filing fee plus an I-94 fee of US$6.00 for the TN.
  • CBP does not charge Mexican citizens this fee, because citizens of Mexico had to pay a filing fee when obtaining their non-immigrant visa stamps.

2. Readmission to the U.S. under TN Visa Status.

  • Canadian and Mexican citizens may be readmitted to the U.S. for the remainder of their authorized period of TN visa status by presenting their valid, unexpired Form I-94, provided that the original intended professional activities and employer(s) have not changed. Presentation of the TN Support Letter or accompanying documentation, and remittance of the prescribed fee, is not required.
  • In addition to presenting a valid I-94, Mexican citizens must also have a valid TN visa stamp in their passport in order to be readmitted to the U.S. under TN visa status. However, some exceptions may apply. For example, under the visa revalidation provisions or during some change of employer scenarios.
  • Individuals who have an I-797 Approval Notice from USCIS may present this form for admission to the U.S. under TN visa status provided the form has a valid I-94 printed on the bottom of the page.
  • If an individual has lost his or her Form I-94, and the period of TN visa status has not lapsed, he or she may present alternate evidence in order to be readmitted to the U.S. under TN visa status.
  • This alternate evidence may include: a fee receipt for admission as a TN or a previously issued admission stamp as TN in a passport; and a confirming letter from the United States employer(s). A new Form I-94 should be issued at the time of readmission.

Revised Oct. 18, 2008.