Update on 3 Year TN Rule for Border Applications

We are receiving reports that despite the implementation of the TN 3 year rule today, CBP officials have refused to issue 3 year TNs today. CBP officers are aware of the new rule, but have not yet received any guidance from CBP headquarters on how they should handle the new TN 3 year period. For example, CBP's computer system does not yet allow the data entry of a 3 year TN. Additionally, there is some concern over whether the filing fee for a TN remains $56 or if they should charge $168 now (3 years x $56).

I believe the fee for TN border applications will remain the same $56 as the revised regulation still refers to this fee and does not mention an increase in fees. See 8 C.F.R. s. 214.6 (a). Also, the Regulatory Impact Analysis prepared by USCIS on March 8, 2008, does not appear to contemplate an increase in TN application filing fees.

In any event, it appears that CBP is not yet issuing 3 year TNs until it receives some guidance from CBP headquarters. Stay tuned for updates as more information becomes available.

Update on Tuesday, October 21, 2008 at 12:45PM by Brian D. Zuccaro, Esq.

CBP has confirmed that the filing fee for TN border applications, even those requesting a three year period of TN visa status, remains $56.

Comments

[R]

I have Tn and for last two years I am extending it via mail not at border. Since now Tn went from 1 to 3 years, what will be the fee for extenshion?

[Brian D. Zuccaro, Esq.]

The fee for filing an I-129 petition requesting an extension of TN status (or change to TN status) remains $320.

[Jackie]

It's now Dec 2nd ... can you tell me whether the 3 year TN visa has now been issued to anyone? Or are they still waiting to know how to do this? Thanks. If you know, respond to texascc7@gmail.com Thank you !!!

[Brian D. Zuccaro, Esq.]

Jackie,

Three year TNs are now being issued. We just obtained two last week.

[Camille]

I am about to apply for another TN visa by February and is planning to go to the Laredo border. Is the 3 year TN being issued on every US border or there's only a specific US border that could issue the 3 yr? Also, how much do they charge now? Thanks in advance for the response.

[Brian D. Zuccaro, Esq.]

Camille,

Assuming you are a Canadian citizen, you should be able to request a three year TN at the border at any traditional U.S. Customs and Border Protection port-of-entry. The border application fee is still $56. If you are a citizen of Mexico, you will need to first apply for a TN visa stamp at the U.S. consulate.

You may also request a three year TN visa by filing an I-129 petition with U.S. Citizenship and Immigration Services. The fee for this is $320.

Brian

[Camille]

Thanks so much for the quick response.

[Les]

I have been on a TN visa since 2006. I applied for my yearly TN renewal in June 2008 and received my approval notice dated Nov. 3, 2008. My I-94, however, says that my TN visa is only good until July 2009 (1 year)

Since my approval was granted after the decision to extend the TN for 3 years, shouldn't it have been granted until July 2011?

I am in Canada now for the holidays and will be flying home on Dec. 31 via Toronto. Can I request my TN be valid for the 3 years when I speak to the Border agent? How should I do this? (i.e. do I need additional documentation?)

Thanks,
Les

[Brian D. Zuccaro, Esq.]

Les,

In order to be eligible for the 3 year TN, the petition requesting your TN extension would have had to be received by USCIS on or after October 16, 2008. It's the USCIS receipt date that governs, not the date of approval.

Unless there is a change in your employment (e.g. job duties or transfer), it's not likely that U.S. CBP will issue a new, 3 year TN to you in December considering your current TN does not expire until July 2009.

Most likely you will have to wait until it's time to extend your current TN to request the 3 year TN.

[Sam]

I have been on TN visa for 5 years and went to Nassau, Bahamas to renew for the 6th year as I have done in the past. This time, they advised me that Nassau was only a pre-clearance immigration center and that they are only authorized to do renewals for the same company. I was not aware of this even though I had been twice before. When I requested a three year TN visa, there was much confusion among all of the immigration officers. They finally decided NOT to issue a 3 year TN. The officer with whom I dealt with directly, suggested if I were to leave the country again and enter through a true US customs facility that I could request that they revise the date on my I-94 and passport based on the fact that the pre-clearance US customs were not aware if they could issue a three-year visa. Do you know if this is possible?

I was really counting on the three year TN because I am getting married this year to a US citizen and wanted to ensure that I will be able to work the entire time while waiting for my green card.

[Brian D. Zuccaro, Esq.]

Sam,

CBP's Caribbean inspection offices do not handle many TN applications, which may explain the confusion over your TN application. I'm not aware of any rule restricting their issuance of TN renewals.

You may be able to request the full 3 year TN at another port-of-entry. But it is also a possibility that CBP will make you wait until your current I-94 expires before you can request the full 3 year period of TN status.

[Karin]

When asking for a 3-year TN at the border, so I simply ask for that in the letter, or do I need any other special paper work or forms?

[Brian D. Zuccaro, Esq.]

Karin - the process at the border is the same as before except that the support letter must request the three year period.

[Linda]

I renewed my TN at NJ Airport by the end of last year (2008), I just got a one year renew, I was told that they could not give 3 years renew at this airport. I would like to have a 3 years renew this year and would like to knew which airport I could get it, thank you.
Linda

[Brian D. Zuccaro, Esq.]

Linda - you should be able to obtain a three-year TN at any port-of-entry or pre-flight inspection office. I would avoid applying for TNs at U.S. international airports as they are not very familiar with the TN process. You can also file for your TN by mail using Form I-129.

[Dave B.]

I have been working as allowed with a TN Visa 1 year. In order to get a 3 year TN Visa what do I need to do and also my employer. My TN expires in Nov. and I will be renewing as I cross into the US at a boarder crossing at Niagra Falls.Thanks, Dave

[Brian D. Zuccaro, Esq.]

Dave,

Generally, all that is required is that the employer letter make the request for the 3 year TN visa status. Depending on the facts of your case, other issues may come up. The most prominent issue for 3 year TN visa requests involves Management Consultant cases. Unless you're working for an actual consulting firm, it can be difficult to obtain a multiple-year TN under the Management Consultant category. See my article here for more on this issue: http://www.naftatnlawyer.com/nafta-tn-blog/2009/5/27/requesting-multi-year-tn-visas-for-management-consultants.html