USCIS Announces New Filing Option On Behalf Of Canadian TN Nonimmigrants

USCIS has announced that starting October 1, 2012, it will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant. Canadian citizens will continue to have the option of applying to U.S. Customs and Border Protection (CBP) for TN classification in conjunction with an application for TN admission to the United States. With respect to the TN classification, USCIS previously accepted only Form I-129 in connection with a request to extend a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN.

In respect of Canadian L-1 nonimmigrants, USCIS has reminded that an employer has the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer that has an approved L-1 blanket petition also has the option to file a Form I-129S with the USCIS service center that approved the L-1 blanket petition, on behalf of a Canadian citizen who is outside the United States. Canadian citizens may also continue applying for L-1 classification in conjunction with an application for L-1 admission to the U.S. by presenting the Form I-129 (individual petition) or I-129S (under an approved blanket petition) and supporting documentation to CBP.

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