We often hear various time limits imposed by CBP officers on when a TN visa renewal application may be filed at the border. In a recent meeting with the Buffalo, NY USCBP Field Office, the Upstate NY AILA chapter informed CBP that some individuals were not allowed to file a TN visa renewal application because their TN status still had more than 30 days of validity. The Buffalo, NY office stated that there was no time limit on when someone can apply for renewal of a TN. Upstate NY AILA / Buffalo USCBP Field Office Liaison Meeting (April 29, 2015). However, the Buffalo office noted that any remaining time on the TN would be lost, and could not be added onto the validity period of the new application. Id.
TN Visa Articles
|TN Visa||Case Info.|
|Background:||Citizen of Canada.|
|TN Category:||Graphic Designer|
|Job title / duties:||The applicant’s employer was an ad agency, and her job title was Experience Designer. The position involved the creation of the user experience elements for customer websites, applications, and digital experiences. The challenge here was establishing that the position offered fell under one of the available TN occupational categories. Based on the position’s duties, which involved visual designs, we believed it could be classifiable under the Graphic Designer category. To prove this argument with USCBP, we supplemented the application with research showing that these duties were consistent with those of the Graphic Designer profession.|
|Education:||The applicant possessed a Bachelor’s degree in Sociology and Political Science. As her degree was not specifically related to the TN category, we included additional proof of her qualifications in the field including previous experience letters, a certificate showing completion of a user experience course, and copies of her portfolio. We also supplemented the application with research showing that a degree in the field was not required for a Graphic Designer position, and that individuals could also qualify based on training and on-the-job experience.|
|Filing Process:||TN visa status application @ USCBP - Peace Bridge, POE|
|Processing time:||Approved same day filed|
|Approval period:||3 years|
A new rule effective May 29, 2015 will allow the spouses and children of F-1 visa students (i.e. individuals holding F-2 visa status) to attend school provided they do so at less than a full course load. F-2 visa holders may even pursue and obtain a "degree, certificate or other credential," as long as they do not enroll in a "full course of study."
Previously, F-2 visa holders were only allowed to pursue avocational or recreational studies full-time. If a F-2 visa holder wishes to attend school full-time (other than kindergarten through twelfth grade), he/she will still be required to obtain F-1 visa status.