Can't Travel? Renew Your TN Visa Status by Mail with Form I-129

During the current coronavirus (Covid-19) pandemic, TN visa workers may be reluctant to travel outside of the U.S. to renew their TN visa status. Travel outside of the U.S. may be restricted, and in some cases (e.g. Mexican citizens), the process to renew a TN visa outside the U.S. may be suspended due to the pandemic. As an alternative to renewing their TN visa status outside of the U.S., TN visa workers can have their TN visa status extended / renewed by mail. If President Trump acts to restrict non-immigrant visa admissions, applying by mail could be the only option to renew one’s TN visa status. Note: TN visa workers cannot sign-off on their I-129 forms (i.e. they cannot self-petition). The I-129 mail-in form must be signed by the TN visa worker’s employer.

Extension of Status

  • An individual lawfully admitted to the U.S. under a non-immigrant visa classification, who is continuing to maintain his/her non-immigrant visa status, may file by mail to extend his/her visa status. This process is known as an “extension of status” (EOS).

  • A citizen of Mexico or Canada may extend his/her TN visa status by filing an I-129 petition by mail to U.S. Citizenship and Immigration Services (USCIS).

  • The EOS process eliminates the need for an individual to depart the U.S. and apply for a new TN at the border (Canadian citizens) or at the U.S. Embassy (Mexican citizens) in order to extend employment authorization under TN visa status.

  • Family members residing with the TN visa worker under TD visa status can have their visa status extended by concurrently filing an I-539 application.

Filing an I-129 Petition

  • Employers may file I-129 petitions up to 6 months in advance of the proposed start date that will be listed on the I-129 form (i.e. the expiration date of the individual’s current I-94 record).

  • The I-129 petition must be filed before the expiration date of an individual's immigration status (as indicated on an I-94 record), or applicable grace period.

  • All applicants must be physically present in the U.S. on the day the petition is received at USCIS.

  • Individuals cannot travel while the I-129 petition is pending. Any departure from the U.S. while the petition is pending will result in the denial of the petition.

Continued Work Authorization

  • Individuals may continue working pursuant to their valid TN visa status while the I-129 EOS petition is pending.

  • A TN visa worker whose I-94 expires after the I-129 EOS petition has been filed is allowed to continue working for the same employer for 240 days past the expiration date of his/her I-94 record.

Processing Time

  • USCIS processing times currently range from 3 weeks to 4 months, but may be longer due to the Covid-19 pandemic.

  • Applicants may later have the option to upgrade their petition to premium processing if USCIS re-authorizes this service before the petition is approved. Premium processing guarantees review of the I-129 petition in 15 calendar days.

In addition to our full I-129 petition service offerings, our office is now offering the review of pre-prepared I-129 forms for those individuals interested in limited representation. This new service involves only the review of the I-129 form needed for the mail-in extension of status process, but includes detailed instructions on how to file the I-129 form.

 
 
 
Extensions / ChangesBrian D. Zuccaro, Esq.Coronavirus (Covid-19), I-129 Processing, Extension of Status