GRASMICK'S BORDER REPORT-SPECIAL ALERT-May 7, 2008
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
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]
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)
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
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.
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
III. Changes Made by this Rule.
A. Increased Time of Admission, Extension of Stay, and Readmission at the
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
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
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
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
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
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
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
§ 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
3. Section 214.6 is amended by:
a. Revising the section heading and by revising paragraphs (e), (g), and
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
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
(ii) For Mexican citizens seeking readmission as TN nonimmigrants, alternate
evidence shall consist of presentation of a valid TN visa and evidence of a
(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
(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
(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
(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
(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,
I offer you this privately circulated e-mail for:
- U.S. employers hiring Canadians;
- Canadians working or conducting business in the U.S.; and
- Professionals, such as lawyers and accountants, serving these people.
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
prescribed laws. The information is simple and easy to follow, with plain
text, minimal markup and no pictures.
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
to your personal information.) Of course, it is not legal advice; I only
become your lawyer once you retain me in writing:
If you have questions or comments or have a border experience you would like
to share, please feel free to e-mail me at jgrasmick@.... Kindly
put "Border Report" in the subject line so I can prioritize your message.
- Send a message to email@example.com
- Reply to the confirmation messages sent to you to verify your e-mail
- E-mail: firstname.lastname@example.org
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