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GRASMICK'S BORDER REPORT-SPECIAL ALERT-May 7, 2008

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  • Joseph C. Grasmick
    ========================= GRASMICK S BORDER REPORT: U.S. Immigration for Canadian Businesses and Professionals May 7, 2008-SPECIAL REPORT
    Message 1 of 1 , May 7, 2008
    • 0 Attachment
      =========================

      GRASMICK'S BORDER REPORT:
      U.S. Immigration for Canadian Businesses and Professionals

      May 7, 2008-SPECIAL REPORT

      =========================

      1. TNs TO LAST 3 YEARS!

      2. THE DHS ANNOUNCEMENT

      3. THE PROPOSED RULE


      1. TNs TO LAST 3 YEARS!

      This Border Report is about one topic: a special release announcing a
      proposed rule to allow TNs (Trade NAFTA Professionals) and TDs (Dependents
      of TNs) a three year period. The period of stay up to now, has only been
      one year. This will be a dramatic improvement!

      I attach the DHS announcement and the advance copy of the regulation itself.


      DHS released this today. I am sure many of you will hear this news first,
      here. I hope the timeliness helps you or your employees.

      Watch for the next Border Report for analysis. I expect spin-off benefits,
      including increased use of TN status for Green Card applicants.

      If you need top know how this pertains to you, consult with me by telephone.
      You can set this up at http://www.grasmick.com/consult.htm

      TN Handbook owners: add this update to your TN Handbook.


      2. DHS ANNOUNCEMENT

      Office of Communications.
      U.S. Citizenship and Immigration Services

      USCIS Update May 5, 2008

      USCIS ANNOUNCES A PROPOSAL TO INCREASE PERIODS OF STAY FOR TN PROFESSIONAL
      WORKERS FROM CANADA OR MEXICO WASHINGTON-U.S. Citizenship and Immigration
      Services (USCIS) announced today that it is publishing a Notice of Proposed
      Rulemaking (NPRM) to increase the maximum amount of time a Trade-NAFTA (TN)
      professional worker from Canada or Mexico can remain in the United States
      before seeking readmission or obtaining an extension of stay. The proposal
      will extend the maximum period of admission for TN workers from one year to
      three years, the same term that USCIS currently may grant to H-1B specialty
      occupation workers.

      The proposed rule will further allow eligible TN nonimmigrants to be granted
      an extension of stay in increments of up to three years, as opposed to the
      current maximum of one year. TN nonimmigrants are not subject to a maximum
      period of stay and thus may seek multiple readmissions or extensions,
      provided their intended professional activity continues and they remain
      otherwise eligible. Current regulations require that TN workers seek
      readmission or apply for an extension of stay each year.

      Canadian and Mexican citizens seeking temporary entry to the United States
      as professionals may come into the country as TN nonimmigrants under the
      North American Free Trade Agreement (NAFTA). TN status is available to
      Canadian and Mexican citizens with a minimum of a bachelor's degree, or
      appropriate professional credentials, who work in professions listed in
      Appendix 1603.D.1 to Annex 1603 of the NAFTA and under DHS regulations at 8
      CFR 214.6(c). Eligible TN professions include, but are not limited to,
      accountants, engineers, attorneys, pharmacists, scientists, and teachers.

      The NPRM, once implemented as a final rule, will ease administrative burdens
      and costs on TN nonimmigrants and will benefit U.S. employers by increasing
      the period of time beneficiaries are allowed to remain in the United States
      under a TN visa. The proposed changes would also apply to spouses and
      unmarried, minor children of TN nonimmigrants in their corresponding
      nonimmigrant lassifications as NAFTA dependents.

      This improvement to the TN nonimmigrant category was initially announced by
      Homeland Security Secretary Michael Chertoff and Department of Commerce
      Secretary Carlos Gutierrez on Aug. 10, 2007.

      This is part of the Administration's 26 initiatives to address current
      immigration challenges, including making existing temporary worker programs
      like the TN program more effective, using the tools and authorities
      available under existing law.

      The NPRM is available on USCIS' Web site at www.uscis.gov and will soon
      publish in the Federal Register. Once published, persons wishing to comment
      on the TN professional worker NPRM may access the Federal e-Rulemaking
      Portal at www.regulations.gov and follow the instructions for submitting
      comments. USCIS will accept public comments until 30 days from the date the
      NPRM is published in the Federal Register.

      For more information on the TN nonimmigrant visa program, visit the USCIS'
      Web site or call the National Customer Service Center at (800) 375-5283.

      - USCIS - www.uscis.gov

      3. TEXT OF DHS PROPOSED RULE

      BILLING CODE: 9111-97
      DEPARTMENT OF HOMELAND SECURITY
      U.S. Citizenship and Immigration Services
      8 CFR Parts 214 and 248
      [CIS No. 2429-07; DHS Docket No. USCIS-2007-0056]
      RIN 1615-AB64

      Period of Admission and Stay for Canadian and Mexican Citizens Engaged in
      Professional Business Activities ― TN Nonimmigrants

      AGENCY: U.S. Citizenship and Immigration Services, DHS.

      ACTION: Proposed rule.

      SUMMARY: This rule affects certain Canadian and Mexican citizens who seek
      temporary entry as professionals to the United States pursuant to the TN
      classification, as established by the North American Free Trade Agreement
      (NAFTA or Agreement). TN nonimmigrants are Canadian or Mexican citizens who
      obtain temporary entry into the United States as business persons to engage
      in business activities at a professional level. This rule proposes to
      increase the maximum allowable period of admission for TN nonimmigrants from
      one year to three years, and allow otherwise eligible TN nonimmigrants to be
      granted an extension of stay in increments of up to three years instead of
      the current maximum of one year. TD nonimmigrants ("NAFTA Dependent") are
      the spouses and unmarried minor children of TN nonimmigrants. TD
      nonimmigrants who would otherwise be eligible for TD nonimmigrant status,
      would be eligible to be admitted and seek extensions for the same period of
      time as the TN principal. The purpose of this narrow change is to remove
      certain administrative requirements on TN nonimmigrants and U.S. employers
      and U.S. entities, thereby making this nonimmigrant classification more
      attractive to eligible professionals and their U.S. employers. The rule also
      proposes to remove filing location requirements from the TN regulations and
      instead provides that such locations will be prescribed by form instructions
      in order to provide more flexibility in program administration, as well as
      making certain technical modifications to eliminate outdated references to
      prior requirements. Finally, this rule proposes to revise the text of 8 CFR
      214.1(a)(2) and (c)(1) and 8 CFR 248.3 by replacing the outdated term "TC"
      (the previous classification given to Canadian workers under the 1989
      Canada-United States Free Trade Agreement) with "TN."

      DATES: Written comments must be submitted on or before [Insert date 30 days
      from the date of publication in the FEDERAL REGISTER].

      ADDRESSES: You may submit comments, identified by DHS Docket No.
      USCIS-2007-0056 by one of the following methods:

      Federal eRulemaking Portal: http://www.regulations.gov. Follow the
      instructions for submitting comments.

      E-mail: You may submit comments directly to USCIS by e-mail at
      rfs.regs@.... Include DHS Docket No. USCIS-2007-0056 in the subject line
      of the message.

      Mail: Chief, Regulatory Management Division, U.S. Citizenship and
      Immigration Services, Department of Homeland Security, 111 Massachusetts
      Avenue, NW., Suite 3008, Washington, DC 20529. To ensure proper handling,
      please reference DHS Docket No. USCIS-2007-0056 on your correspondence. This
      mailing address may also be used for paper, disk, or CD-ROM submissions.

      Hand Delivery/Courier: U.S. Citizenship and Immigration Services, Department
      of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington,
      DC 20529. Contact Telephone Number is (202) 272-8377.

      FOR FURTHER INFORMATION CONTACT: Patricia Jepsen, Adjudications Officer,
      Business and Trade Services, Office of Service Center Operations, U.S.
      Citizenship and Immigration Services, Department of Homeland Security, 111
      Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529, telephone (202)
      272-8410.

      SUPPLEMENTARY INFORMATION:

      I. Public Participation.

      Interested persons are invited to participate in this rulemaking by
      submitting written data, views, or arguments on all aspects of this proposed
      rule. U.S. Citizenship and Immigration Services (USCIS) also invites
      comments that relate to the economic, environmental, or federalism effects
      that might result from this proposed rule. Comments that will provide the
      most assistance to USCIS in developing these procedures will reference a
      specific portion of the proposed rule, explain the reason for any
      recommended change, and include data, information, or authority that support
      such recommended change.

      Instructions: All submissions received must include the agency name and DHS
      Docket No. USCIS-2007-0056. All comments received will be posted without
      change to http://www.regulations.gov, including any personal information
      provided.

      Docket: For access to the docket to read background documents or comments
      received go to http://www.regulations.gov. Submitted comments may also be
      inspected at the Regulatory Management Division, U.S. Citizenship and
      Immigration Services, Department of Homeland Security, 111 Massachusetts
      Avenue, NW., 3rd Floor, Washington, DC 20529.

      II. Background.

      A. The North American Free Trade Agreement.

      On December 17, 1992, the United States, Canada and Mexico signed the North
      American Free Trade Agreement (NAFTA or Agreement). On December 8, 1993, the
      President signed into law the North American Free Trade Agreement
      Implementation Act, Public Law 103-182 (NAFTA Implementation Act). Among
      other things, the NAFTA Implementation Act created a new section 214(e) of
      the Immigration and Nationality Act, as amended (INA), which created the TN
      classification for nonimmigrant professionals seeking admission to the
      United States under NAFTA. Almost immediately following the enactment of
      this law, on January 1, 1994, NAFTA went into effect, thereby creating one
      of the largest free trade areas in the world. Chapter 16 of NAFTA provides
      for the temporary entry of qualified business persons from each of the
      countries that are signatories to the Agreement. This chapter of NAFTA
      establishes four categories of business persons who may be allowed temporary
      entry into the territory of another NAFTA party. The four categories are:

      (1) business visitors;

      (2) traders and investors;

      (3) intra-company transferees; and

      (4) professionals. As discussed below, this proposed regulation would change
      certain regulatory provisions dealing with the fourth category, NAFTA
      professionals, by amending 8 CFR 214.6.

      B. The TN Nonimmigrant Classification.

      The TN nonimmigrant classification permits qualified Canadian and Mexican
      citizens to seek temporary entry into the United States as business persons
      to engage in business activities at a professional level. 8 CFR 214.6(a).
      The specific occupations which qualify for the TN classification are set
      forth in Chapter 16 of NAFTA, Annex 1603, Appendix 1603.D.1., and are
      reproduced at 8 CFR 214.6(c). Among the types of professionals who are
      eligible to seek admission as TN nonimmigrants are certain accountants,
      engineers, lawyers, pharmacists, scientists, and teachers. The spouses and
      unmarried minor children of TN nonimmigrants, if otherwise admissible, may
      be granted TD nonimmigrant classification. 8 CFR 214.6(j). Although neither
      the NAFTA Implementation Act nor the INA prescribes a maximum period of
      admission to the United States for TN nonimmigrants and their dependents,
      USCIS regulations currently provide that TN nonimmigrants may be admitted to
      the United States for a period not to exceed one year. 8 CFR 214.6(e).

      Currently, TN nonimmigrants generally may be readmitted to the United States
      for the remainder of the period authorized on their Form I-94, provided that
      the TN nonimmigrant's originally-intended professional activity and
      employer(s) have not changed. 8 CFR 214.6(g)(1) and (2). TN nonimmigrants
      also may apply to U.S. Citizenship and Immigration Services (USCIS) for
      admission for a period of time that extends beyond the date of their
      original terms of admission at any U.S. port-of-entry. 8 CFR 214.6(h)(2). TN
      professionals also may, upon application to USCIS, be granted extensions of
      stay for a maximum period of one year. 8 CFR 214.6(h)(1). The spouse and
      unmarried minor children of TN professionals, if otherwise eligible, may be
      admitted in TD classification for the period of time granted to the TN
      professional, and may seek extensions of stay for the same period as the TN
      professional.

      III. Changes Made by this Rule.

      A. Increased Time of Admission, Extension of Stay, and Readmission at the
      Border.

      TN nonimmigrants are not subject to any maximum period of stay, as long as
      they continue to be engaged in TN business activities for a U.S. employer or
      U.S. entity at a professional level, provided they maintain the requisite
      nonimmigrant intent to depart the United States at the conclusion of their
      authorized periods of stay. USCIS regulations, however, require that such
      persons, if they wish to remain in the United States beyond the period of
      their initial admission, either seek readmission in TN status or apply for
      an extension of stay no less frequently than annually. 8 CFR 214.6(h). This
      requirement involves, at a minimum, the annual submission of documentation
      and payment of the filing fees specified in 8 CFR 103.7. This proposed rule
      would ease administrative burdens on TN nonimmigrants (and their TD
      dependents) as well as on the U.S. employers and U.S. entities by increasing
      the period of time granted to a TN nonimmigrant upon admission, or pursuant
      to a timely filed request for extension of stay, from a maximum of one year
      to a maximum of three years. The proposed rule at 8 CFR 214.6(h)(2) would
      also permit a TN nonimmigrant to apply for admission at a designated
      port-of-entry for a period of time that extends beyond the date of original
      admission for up to three years.

      The proposed rule does not alter any otherwise applicable evidentiary
      requirements, change existing filing fee requirements as set forth in 8 CFR
      103.7, expand the maximum period of stay in TN status which is already
      indefinite, or expand the principle of "dual intent" to TN nonimmigrants or
      their TD dependents.1 [Footnote 1 The dual intent doctrine holds that even
      though a nonimmigrant visa applicant has previously expressed a desire to
      enter the United States as an immigrant - and may still have such a desire -
      that does not of itself preclude the issuance of a nonimmigrant visa to him
      nor preclude his being a bona fide nonimmigrant. Matter of H-R-, 7 I&N Dec.
      651, 654 (INS Reg. Comm'r 1958). See also INA § 214(h) (limiting dual intent
      to certain H, L, and V nonimmigrants); 8 U.S.C. 1184(h). ]

      Instead, the proposed changes would increase the initial period of
      admission, extension of stay, and readmission at the border; provide a cost
      and resource savings for employers and nonimmigrants alike; and reduce the
      potential for an interruption of employment due to foreign travel
      requirements or delays in processing times, thereby contributing to a more
      stable and predictable workforce. By reducing administrative costs and
      burdens, these changes are expected to make the TN nonimmigrant
      classification more attractive to professionals and their U.S. employers. In
      addition, by extending the initial period of admission, extension of stay,
      and readmission at the border from one year to three years, the TN
      nonimmigrant classification will mirror the periods of admission (or
      extension of stay) for other highly skilled nonimmigrant categories such as
      H-1B, thus making the TN nonimmigrant classification a workable alternative
      to those other high-skill categories for certain Canadian and Mexican
      professionals. Finally, this proposal may encourage other NAFTA signatories
      to reciprocate by effecting similar liberalizing measures with respect to
      citizens of the United States seeking admission to their countries under the
      NAFTA.

      B. Changes to TD Spouses and Unmarried Minor Children

      In a change from the current regulation, the proposed rule would explicitly
      state that spouses and unmarried minor children of TN professionals, if
      otherwise eligible, may be admitted or readmitted in TD classification for
      the period of time granted to the TN professional, and may seek extensions
      of stay or change of nonimmigrant status for the same period as the TN
      professional. An application for change of status or extension of stay for a
      TD spouse or unmarried minor child would be filed on Form I-539.

      C. Filing Location.

      This rule also proposes to eliminate references to specific filing locations
      in current 8 CFR 214.6(h)(1). It is not necessary for USCIS to indicate in
      the Code of Federal Regulations where documents will be accepted. Further,
      fluctuations in volume, shifting workload needs, and benefits processing
      modifications may make variation of petition and application filing
      locations necessary in order to better use USCIS resources and serve
      customers. Codification of filing locations restricts USCIS' ability to
      address changed circumstances. Filing locations will still be found on USCIS
      forms and the USCIS Web site. Customers may also call the USCIS customer
      service line for information on where to file their documents, or may call
      the agency listing in the government resources pages of their local
      telephone directories. Moreover, as has been past practice, USCIS will
      provide the public with an adequate transition period to adapt to any
      changes to the current filing location (the Vermont Service Center), should
      USCIS, in the future, find it necessary to change the filing location(s) for
      TN applications.

      D. Clarification and Correction.

      This rule also proposes to revise the text in 8 CFR 214.6(g) and (h) to make
      them more readable and would revise the text of 8 CFR 214.1(a)(2) and (c)(1)
      and 8 CFR 248.3 by replacing the outdated term "TC" with "TN." "TC" was the
      previous classification given to Canadian workers entering under the terms
      of the Canada-United States Free Trade Agreement, which went into effect on
      January 1, 1989 and was subsequently replaced by NAFTA. NAFTA created a new
      nonimmigrant classification, "TN," which includes both Canadian and Mexican
      workers. In addition, USCIS proposes to delete paragraph (k)(2) from section
      214.6. This paragraph relates to the now obsolete requirement of a petition
      for Mexican TN admissions. The sunset of this provision was announced in 69
      FR 11287.

      The rule also proposes to add a phrase at the end of 214.6(k)(3) to make it
      clear that, although the Director may not deny a petition, suspend an
      approved petition, or deny entry to an applicant for TN status based upon a
      strike or labor dispute involving a work stoppage of workers in progress
      that has not been certified under (k)(1), the examining officer must
      consider all relevant facts in determining an alien's eligibility for TN
      classification.

      IV. Regulatory Requirements.

      A. Regulatory Flexibility Act.

      DHS has reviewed this proposed rule in accordance with the Regulatory
      Flexibility Act. The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 - 612,
      as amended by the Small Business Regulatory Enforcement Fairness Act of 1996
      (Pub. L. 104-121), requires Federal agencies to conduct a regulatory
      flexibility analysis which describes the impact of the proposed rule on
      small entities whenever an agency is publishing a notice of proposed
      rulemaking under 5 U.S.C. 553(b). A small entity may be a small business
      (defined as any independently owned and operated business not dominant in
      its field that qualifies as a small business per the Small Business Act); a
      small not-for-profit organization; or a small governmental jurisdiction
      (locality with fewer than 50,000 people).

      This rule will reduce compliance costs on the regulated industries. This
      rule will save the public in information collection costs, USCIS fees, and
      legal costs, because TN and TD status holders will not have to renew their
      status each year. There are no provisions in this rule that add compliance
      costs. Therefore, USCIS can certify that this rule will not have a
      significant economic impact on a substantial number of small entities.

      B. Unfunded Mandates Reform Act of 1995.

      This rule will not result in the expenditure by State, local, and tribal
      governments, in the aggregate, or by the private sector, of $100 million or
      more in any one year, and it will not significantly or uniquely affect small
      governments. Therefore, no actions were deemed necessary under the
      provisions of the Unfunded Mandates Reform Act of 1995.

      C. Small Business Regulatory Enforcement Fairness Act of 1996.

      This rule is not a major rule as defined by section 804 of the Small
      Business Regulatory Enforcement Act of 1996. This rule will not result in an
      annual effect on the economy of $100 million or more; a major increase in
      costs or prices; or significant adverse effects on competition, employment,
      investment, productivity, innovation, or on the ability of United
      States-based companies to compete with foreign-based companies in domestic
      and export markets.

      D. Executive Order 12866 (Regulatory Planning and Review).

      This rule has been designated as a "significant regulatory action" by the
      Office of Management and Budget (OMB) under Executive Order 12866, section
      3(f), Regulatory Planning and Review. Accordingly, an analysis of the
      economic impacts of this rule has been prepared and submitted to the Office
      of Management and Budget (OMB) for review. DHS has determined that this rule
      decreases the costs imposed by the TN nonimmigrant program on the government
      as well as the public. The changes made by this rule will result in more
      satisfaction with the NAFTA professional program among the participating
      employers and the TN status holders by increasing program flexibility and
      loosening time and travel restrictions. The expected effect is an increase
      in the number of TN status petitions filed with and approved by USCIS. A
      small economic benefit may result from the increased available of scarce
      workers for U.S. employers in particular fields and industries. This rule
      will result in fees collected by USCIS for filings associated with TN status
      decreasing by approximately $2.4 million per year as a result of this rule.

      In additional, total paperwork burden costs on the public will decrease by
      about 12,225 hours and $340,000 as a result of fewer required filings.

      Eventually, DOS and USCBP annual fee collections from TN nonimmigrants will
      also decrease as a result of this proposed rule. A copy of the complete
      analysis is available in the rulemaking docket for this rule at
      www.regulations.gov, under Docket No. USCIS-2007-0056, or by calling the
      information contact listed above.

      E. Executive Order 13132 (Federalism).

      This rule would have no substantial direct effects on the States, on the
      relationship between the National Government and the States, or on the
      distribution of power and responsibilities among the various levels of
      government. Therefore, this rule does not have sufficient federalism
      implications to warrant the preparation of a federalism summary impact
      statement.

      F. Paperwork Reduction Act.

      Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109 Stat. 163
      (1995) (PRA), all Departments are required to submit to OMB, for review and
      approval, any reporting or recordkeeping requirements inherent in a rule.

      This rulemaking does not impose any new reporting or recordkeeping
      requirements under the Paperwork Reduction Act. However, by requiring TN and
      TD status renewals every three years instead of every year, this rule will
      reduce the volume of Form I-129 filings, Form I-907, Request for Premium
      Processing Service, filings, and Form I-539, Application To Extend/Change
      Nonimmigrant Status, filings per year and the aggregate paperwork burden on
      the public accordingly. When the rule is published as a final rule, USCIS
      will submit the appropriate requests for non-substantive change to OMB to
      reflect the reduced annual respondents and costs.

      List of Subjects

      8 CFR Part 214

      Administrative practice and procedure, Aliens, Employment, Reporting and
      recordkeeping requirements.

      8 CFR Part 248

      Aliens, Reporting and recordkeeping requirements.
      Accordingly, chapter I of title 8 of the Code of Federal Regulations is
      proposed to be amended as follows:

      PART 214―NONIMMIGRANT CLASSES

      1. The authority citation for part 214 continues to read as follows:

      Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1258,
      1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110 Stat.
      3009-708; section 141 of the Compacts of Free Association with the Federated
      States of Micronesia and the Republic of the Marshall Islands, and with the
      Government of Palau, 48 U.S.C. 1901 note, and 1931 note, respectively; 8 CFR
      part 2.
      § 214.1 [Amended]

      2. Section 214.1 is amended by:

      a. Removing the designation "Cdn FTA, Professional" and "TC" from the list
      in paragraph (a)(2);

      b. Revising the term "TC" to read "TN" in the first sentence in paragraph
      (c)(1).

      3. Section 214.6 is amended by:

      a. Revising the section heading and by revising paragraphs (e), (g), and
      (h);

      b. Redesignating paragraphs (j)(1), (j)(2) and (j)(3) as paragraphs (j)(2),
      (j)(3), and (j)(4), respectively;

      c. Adding a new paragraph (j)(1);

      d. Revising newly redesignated paragraphs (j)(2) , (j) (3), and (j)(4); and
      by

      e. Revising paragraph (k);
      The addition and revisions read as follows:

      § 214.6 Citizens of Canada or Mexico seeking temporary entry under NAFTA to
      engage in business activities at a professional level.
      * * * * *

      (e) Procedures for admission. A citizen of Canada or Mexico who qualifies
      for admission under this section shall be provided confirming documentation
      (Form I-94) and shall be admitted under the classification symbol TN for a
      period not to exceed three years. Form I-94 shall bear the legend "multiple
      entry." The fee prescribed under 8 CFR 103.7(b)(1) shall be remitted by
      Canadian Citizens upon admission to the United States pursuant to the terms
      and conditions of the NAFTA. Upon remittance of the prescribed fee, the TN
      applicant for admission shall be provided a Department-issued receipt (Form
      G-211, Form G-711, or Form I-797).
      * * * * *

      (g) Readmission. (1) With a Form I-94. An alien may be readmitted to the
      United States in TN classification for the remainder of the period of TN
      admission authorized on Form I-94, without presentation of the letter or
      supporting documentation described in paragraph (d)(3) of this section and
      without the prescribed fee set forth in 8 CFR 103.7(b)(1), provided that the
      original intended professional activities and employer(s) have not changed,
      and the Form I-94 has not expired.

      (2) Without a valid I-94. If the alien seeking readmission to the United
      States in TN classification is no longer in possession of a valid, unexpired
      Form I-94, and the period of initial admission in TN classification has not
      lapsed, a new Form I-94 may be issued for the period of validity that
      remains on the TN nonimmigrant's original Form I-94 with the legend
      "multiple entry" and the alien readmitted in TN status if the alien presents
      alternate evidence as follows:

      (i) For Canadian citizens, alternate evidence may include, but is not
      limited to, 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).

      (ii) For Mexican citizens seeking readmission as TN nonimmigrants, alternate
      evidence shall consist of presentation of a valid TN visa and evidence of a
      previous admission.

      (h) Extension of stay. (1) Filing. A United States employer of a citizen of
      Canada or Mexico who is currently maintaining valid TN nonimmigrant status,
      or a United States entity (in the case of a citizen of Canada or Mexico who
      is currently maintaining valid TN nonimmigrant status and is employed by a
      foreign employer), may request an extension of stay, subject to the
      following conditions:

      (i) An extension of stay must be requested by filing Form I-129 with the
      prescribed fee noted at 8 CFR 103.7(b)(1), in accordance with the form
      instructions.

      (ii) The beneficiary must be physically present in the United States at the
      time of the filing of the Form I-129 requesting an extension of stay as a TN
      nonimmigrant. If the alien is required to leave the United States for any
      reason while the Form I-129 is pending, the petitioner may request USCIS to
      notify the consular office where the beneficiary is required to apply for a
      visa or, if visa exempt, a DHS-designated port-of-entry where the
      beneficiary will apply for admission to the United States, of the approval.

      (iii) An extension of stay may be approved by USCIS for a maximum of three
      years.

      (iv) There is no specific limit on the total period of time an alien may be
      in TN status provided the alien is continuing to be engaged in TN business
      activities for a U.S. employer or entity at a professional level and
      otherwise continues to properly maintain nonimmigrant TN status.

      (2) Readmission at the border. Nothing in paragraph (h)(1) of this section
      shall preclude a citizen of Canada or Mexico who has previously been
      admitted to the United States in TN status, and has not violated such status
      while in the United States, from applying at a DHS-designated port-of-entry,
      prior to the expiration date of that period of admission, for a new period
      of admission not to exceed three years from the date of request for such new
      period of admission. The application for a new period of admission shall be
      supported by a new letter from the United States employer or the foreign
      employer, in the case of a citizen of Canada who is providing prearranged
      services to a United States entity, which meets the requirements of
      paragraph (d) of this section, together with the appropriate filing fee
      noted at 8 CFR 103.7(b)(1). Citizens of Mexico must present a valid passport
      and nonimmigrant TN visa when applying for readmission, as outlined in
      paragraph (d)(1) of this section.
      * * * * *

      (j) * * *

      (1) The spouse or unmarried minor children of a citizen of Canada or Mexico
      admitted in TN nonimmigrant status, if they are otherwise admissible, may be
      admitted initially, readmitted, or granted a change of nonimmigrant status
      or an extension of his or her period of stay for the same period of time
      granted to the TN nonimmigrant. Such spouse or unmarried minor children
      shall, upon approval of an application for admission, readmission, change of
      status or extension of stay be classified as TD nonimmigrants. A request for
      a change of status to TD or an extension of stay of a TD nonimmigrant may be
      made on Form I-539 together with appropriate filing fees and evidence of the
      principal alien's current TN status.

      (2) The spouse or unmarried minor children of a citizen of Canada or Mexico
      admitted in TN nonimmigrant status shall be required to present a valid,
      unexpired nonimmigrant TD visa unless otherwise exempt under Sec. 212.1 of
      this chapter.

      (3) The spouse and unmarried minor children of a citizen of Canada or Mexico
      admitted in TN nonimmigrant status shall be issued confirming documentation
      (Form I-94) bearing legend "multiple entry". There shall be no fee required
      for admission of the spouse and unmarried minor children.

      (4) The spouse and unmarried minor children of a citizen of Canada or Mexico
      admitted in TN nonimmigrant status shall not accept employment in the United
      States unless otherwise authorized under the Act.

      (k) Effect of a strike.

      (1) If the Secretary of Labor certifies to or otherwise informs the Director
      of USCIS that a strike or other labor dispute involving a work stoppage of
      workers is in progress, and the temporary entry of a citizen of Mexico or
      Canada in TN nonimmigrant status may affect adversely the settlement of any
      labor dispute or the employment of any person who is involved in such
      dispute, the United States may refuse to issue an immigration document
      authorizing entry or employment to such alien.

      (2) If the alien has already commenced employment in the United States and
      is participating in a strike or other labor dispute involving a work
      stoppage of workers, whether or not such strike or other labor dispute has
      been certified by the Department of Labor, or whether USCIS has been
      otherwise informed that such a strike or labor dispute is in progress, the
      alien shall not be deemed to be failing to maintain his or her status solely
      on account of past, present, or future participation in a strike or other
      labor dispute involving a work stoppage of workers, but is subject to the
      following terms and conditions:

      (i) The alien shall remain subject to all applicable provisions of the
      Immigration and Nationality Act and regulations promulgated in the same
      manner as all other TN nonimmigrants;

      (ii) The status and authorized period of stay of such an alien is not
      modified or extended in any way by virtue of his or her participation in a
      strike or other labor dispute involving a work stoppage of workers; and

      (iii) Although participation by a TN nonimmigrant alien in a strike or other
      labor dispute involving a work stoppage of workers will not constitute a
      ground for removal, any alien who violates his or her status or who remains
      in the United States after his or her authorized period of stay has expired
      will be subject to removal.

      (3) If there is a strike or other labor dispute involving a work stoppage of
      workers in progress, but such strike or other labor dispute is not certified
      under paragraph (k)(1) of this section, or USCIS has not otherwise been
      informed by the Secretary that such a strike or labor dispute is in
      progress, the Director, USCIS, shall not deny a petition or deny entry to an
      applicant for TN status based upon such strike or other labor dispute.

      PART 248―CHANGE OF NONIMMIGRANT CLASSIFICATION

      4. The authority citation for part 248 continues to read as follows:
      Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.

      § 248.3 [Amended]

      5. Section 248.3 is amended by revising the term "TC" to read "TN" in the
      first sentence of paragraph (a)(1).
      ______________________________

      Dated: ________________ Michael Chertoff,
      Secretary.

      =========================

      I offer you this privately circulated e-mail for:

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      This "required reading" for my clients reveals in plain English exactly what
      is happening at the border now, and does not just repeat the relevant
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      Here you will find stories not reported in the media. This report replaces
      my Website's forum. (I now use this e-mail to minimize public accessibility
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      become your lawyer once you retain me in writing:
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      If you have questions or comments or have a border experience you would like
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      Copyright Joseph C. Grasmick 2008
      Joseph C. Grasmick
      Law Office of Joseph C. Grasmick
      300 International Drive
      Williamsville, NY 14221 U.S.A.
      Phone: (716) 842-3100
      E-mail: jgrasmick@... http://www.grasmick.com
      Author of "TN Handbook for Canadians": http://www.grasmick.com/handbook.htm
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