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New Canadian TN Filing Option

Benmiller Falls, CanadaOn September 28, 2012, USCIS announced a new Canadian TN filing option, and also reminded US employers of the current filing options for Canadian L-1 intracompany transferees.

Canadian TN Filing

USCIS began accepting Form I-129 filed on behalf of Canadian citizens outside the US who are seeking TN classification on October 1, 2012. Prior to that time, USCIS only accepted Form I-129 in connection with a request to extend a stay in TN status or to change nonimmigrant visa status to TN.

Canadian citizens will continue to have the option of applying to US Customs and Border Protection (CBP) for TN classification in conjunction with an application for admission in TN status to the United States.

Please see the CBP website for further information and requirements for applying for admission to the United States.

Canadian L-1 Nonimmigrants

Employers also have the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A US employer with an approved L-1 blanket petition may also file Form I-129S Nonimmigrant Petition Based on Blanket L Petition, along with supporting documentation, with the USCIS service center that approved the L-1 blanket petition, on behalf of a Canadian citizen (or any visa-exempt beneficiary) who is outside the US. Canadian citizens may apply for L-1 classification in conjunction with an application for L-1 admission to the US by presenting Form I-129 (individual L-1 petition) or I-129S (under approved blanket L-1 petition) and supporting documentation to CBP.

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