Applying for TN at land POE while USCIS PP TN RFE ongoing?


New Member
Hi, I wanted to know if its possible to apply for a TN at a land border or airport POE while a I-129/TN application is pending at USCIS?

My employers applied for a TN months ago under premium processing with USCIS. They received a RFE that they promptly responded to within a couple of weeks. Its now been over 30+ days since the RFE response was received. When the lawyers asked USCIS for an update on the case they mentioned there were security checks pending with no ETA on when the case would be adjudicated.

I asked the lawyers whether it would be possible to apply at a POE, they say its okay to apply while the petition is pending. Can anyone else confirm? is your premium processed TN petition pending beyond 30+ days with USCIS?

Would appreciate it if anyone that's been through this before could guide me


Registered Users (C)
An RFE pretty much wipes out premium processing.

He can always apply for TN at the border. However, if successful, you must then immediately withdraw his I-129 petition, by letter to the service center handling his petition, or the risk its denial, which would invalidate his border TN, and require he return to the border and re-apply.