Canadians can file for TN from outside of US start of October 2012

C

canuck2013

New Member
http://www.tnvisabulletin.com/nafta...og+(TN+Visa+Blog+-+by+Brian+D.+Zuccaro,+Esq.)


Is this so, does this mean I do not need to be in any status to file for TN?

This sounds to good to be true, I've had a TN in the past returned to Canada 2 years ago. I gave up because of the border people were very rude and gave problems getting TN. But I think this process will definitely reduce stress attributed to getting a tn at the border.


Why do you think of the new process that was implemented? Any thoughts?
 
THis is indeed a new development. Of cousre I-129 has always been allowed to be filed outside US for other work statuses, in fact it MUST be filed for H1-B for example, regardless if the applicant is inside or outside US. And then entry on that stutus is made subsequently.

I'm unsure of the 'advantage' for the worker, since, unlike h1 and other statuses that can only be adjudicated by USCIS, CBP reserves the right to adjudicate each TN entry. In fact, the petitioner will still need to bring all his paperwork along with the approval.
Also, in order to get the TN in a reasonable timeframe, one wil still need to pay $1600 for quick approval.

It is hoped that CBP will begin to accept the USCIS rulings, but they are under no obligation to do so.
 
That's not any different than an H-1B. If CBP doesn't believe that the alien warrants admission in H-1 status, they can deny entry. As a practical matter they are quite reluctant to overrule the service centers and I imagine this might be the case here as well.

We shall see, however.
 
The difference is that with an approve h1, CBP are not permitted to re-adjudicate, and never has it been suggested that the petitioner bring his I-129 paerwork to the border on first entry.

CBP are permitted to re-adjudicate TNs, and regularly deny entry to TNers with approved TNs from USCIS. They also have dobe this with 'L' petitioners as well.

We are not talking inadmissability her, we are talking (in fact USCIS is intimating) readjudication and review by CBP:

In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, youwill be admitted as a TN nonimmigrant.

Any CBP I've spoken feels that USCIS are a bunch of lazy bureaucrats who leave all the problems up to the front-liners, and absolutely HATE H1 status because of their inability to do anything about it. I don't see them cavaing in on CIS TN approvals, since they know that the petitioner is intending to do an end-run around them.
 
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