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Brian D. Zuccaro

Attorney at Law
Serotte Reich & Wilson
300 Delaware Ave.
Buffalo, NY 14202
P: 716.854.7525
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Change of Status to TN

 

Submitting Form I-129 with the Vermont Service Center.

1. Eligibility:

A Canadian citizen already in the U.S. under a nonimmigrant category may request a change to TN status by submitting a petition for change of status to the Vermont Service Center.

2. Process:

  • Individuals must use Form I-129, Petition for a Nonimmigrant Worker.
  • The I-129 petition for change of status should include all supporting documentation which normally accompanies the application for admission in TN status.
  • The petition should also provide evidence of the Canadian citizen’s current immigration status, such as an I-94.
  • In addition to Form I-129, individuals seeking change of status to TN status will need to complete the Nonimmigrant Classification Based on Free Trade Agreement Supplement to Form I-129.

3. Forms for Spouse and Children:

  • Form I-539 must be filed for spouses and children seeking derivative TD status.
  • Be sure to include evidence proving eligibility for TD status, e.g., a marriage certificate and birth certificate.

4. Commencing Work Under TN Status:

  • Individuals cannot work under TN status until the I-129 petition is approved by the Service Center.
  • If the employment opportunity requires that work start immediately, it may be more prudent to seek the COS at the border.
  • Alternatively, premium processing may be requested.

5. Premium Processing:

  • The USCIS offers Premium Processing for I-129 petitions requesting TN status.
  • Under this program, individuals may pay an additional filing fee of $1,000 in return for a decision on the COS petition within 15 calendar days.
  • Form I-907, Request for Premium Processing Service, is used for this service.

6. Caveat Regarding Travel When I-129 Pending:

  • U.S. immigration has considered an I-129 petition to change status as abandoned when the nonimmigrant beneficiary departs the United States before the Service Center adjudicates the petition.
  • If USCIS discovers that the nonimmigrant beneficiary has traveled outside the U.S. during the pendency of the request for change of status, USCIS will deny the change of status petition. Legacy INS, Cook Memo (06-18-01).

7. Approval Notice:

  • If the petition for the change of status is granted, the Vermont Service Center will issue a Form I-797, Approval Notice, reflecting the start date and the end date of the new TN status.
  • At the bottom of the Form I-797 there will also be printed a new Form I-94.
  • Dependents will also receive their own I-797 forms.

8. Travel After I-129 Approved:

  • If the Service Center approves the change of status petition, then the beneficiary may leave the United States without abandoning the petition. 
  • If the TN start date is not in the near future, the individual may depart the U.S. and re-enter under his or her original non-immigrant classification (provided it's still valid).
  • The change to TN visa status will take effect automatically on the effective date noted on the I-797 Approval Notice. USCIS, Hernandez Letter (08-14-04).

9. Filing Fees:

  • Currently, the USCIS filing fees for an I-129 petition is $320.
  • The USCIS filing fee for the I-539 application is $300.

Revised Aug. 25, 2008.