 |

TN Renewals by Mail
(Information supplied on this topic is from experience only, and in no way reflects
policies, regulations, or laws from either Canada, USA, Manitoba, or Minnesota. |
General:
Certain statuses, such as a TN and TD statuses can be renewed by mail. Even though
by its nature, the TN status is only good for one year, you can in fact have this date
"extended" by one year increments indefinitely by mail. Specifically, the
following statuses can be renewed in this manner: E, H, L, O, P, Q, R, F-1, M-1, C, D,
K, J-1, and of course the one that we are interested in, the TN-1 status
(and the TD status, if applicable). During the application process,
which takes anywhere from 4 to 12 weeks, the applicant must physically remain in the United
States until the petition has been adjudicated. Visiting Canada or another country may invalidate the application
process.
Once you have sent off the application, and the if correct funds were sent, you can
monitor the process by checking a "case number" that will be found on the back
of the cancelled check. For Lincoln, this will be a number in the format
"LIN##########". To check the status, call (NEW NUMBER) (402)
323-7830. Punch in
the LIN number when prompted (punch "546" for "LIN"). This is an
automated system, prone to continuous busy signals. Best to call late in the evening or
night.
There are many advantages of renewing by mail, namely:
- Complete the process without having to physically return to a Canada/USA border
crossing.
- Your credentials are rarely re-evaluated to see if you qualify for your TN status again,
except for your new offer letter (that's always fun, no?). However, your credentials are subject
to re-evaluation. One of the major differences is that the people extending TNs are doing
this day after day ... it is their continuous JOB to know what is and isn't valid as a TN,
unlike the POE INS officer who sees a relatively few TNs per week with hundreds of other
people he's trying to keep out every day.
- Your new I-94's effective date is the day immediately after your old I-94 expires and is
good for another 364 full days. If you did an in-person border renewal 1 month early
(for example), your old I-94 is chucked out, and a new one issued from the date of
application.
- For certain professions, such as those in the medical field (ex: Physiotherapists), the
I-94 (TN status) is only valid when applying in person for 6 months.
When you mail it in, the extension is for 1 full year.
- Because the extension must be applied for by the employer, chances are they
will be paying for it, not you.
- Mail-in extensions of a TN status are rarely rejected, where as an in-person border
renewal must be re-evaluated with your offer letter, education, experience, etc, and can
actually be rejected depending on the time of day, moon phase, and season.
A couple of known disadvantages are:
- The mail-in process is only good for renewals of a TN or TD status. You
must already have an existing VALID TN or TD status (or other status as per your I-94
card) to use this process You can not get a brand new TN or TD status using this
process. If your current TN has expired before sending of your renewal application,
you are no longer "in status" and are in fact illegally in the USA. Return to
the Canada/USA border instead, and obtain a NEW TN status.
- The process takes (according to INS) about 45 days to complete. To be sure, start
the process 2 or 2.5 months in advance. Remember, the extension date will be 364
days from the date of the original I-94.
- If your existing TN expires, and you have not received the new one in the mail, you
definitely should not travel outside of the USA. Some INS officials have been known
to let a person re-enter the USA on an expired I-94 if it is explained that your extension
is being processed, but has not arrived yet. But it is not advisable to take this
chance.
- If your original TN was obtained with a "weak" case (in other words, you
pulled the wool over the POE INS officers eyes and you were admitted under questionable
circumstances), there is a good chance that your mail renewal will be rejected. Remember,
the people issuing these TN renewals deal with hundreds each day, where as at the border,
they may only see a few each week
- Added: (04/10/99) Once you have filed either your
I-129 (TN) and/or I-539 (TD), it is advisable not to travel outside of the USA.
Traveling outside of the USA can be considered abandonment
by the INS and your TN or TD renewal will be cancelled, and possibly also invalidate your
existing (even if NOT expired) TN or TD status. If you MUST return to Canada, or travel
outside the USA, I would advise on contacting the INS ahead of such planned travel to see
if there are methods you can do this without invalidating your TN or TD renewal
applications. Also consider traveling with your full set of TN documents in case you need to
apply for a brand new TN at the Port of Entry.
Forms for Download:
Two forms may be needed. They are (in Adobe PDF format), ready for download below:
- I-129 Petition for Non-Immigrant
Worker - this form is used to renew or extend your TN status (as well as other statuses).
The fees is $130.00 (increased as of February 19, 2002) for the TN status. If you have any dependants (TD) that also
require renewing, the below fees for the I-539 are in addition to your TN fees. This
form is completed, and mailed by the employer of the TN status holder. The employee
can complete this form and mail it directly - but the form requires your employers signature, and
Tax ID Number. Note: The I-129 petition, along with
the $130.00 fee may be used by the employer for multiple petitions (ie renewals) if there
are multiple TN's that are due to expire at approximately the same time. So, if your
employer has a few TN's that need to be renewed, they can all be done for the same
$130.00
fee. Be sure to check the
latest fees at the INS Website
- I-539 Application to
Extend/Change Non-Immigrant Status - this form is used only if a TD extension
request is being made at the same time as a TN extension. Fees are $140.00
(increased as of February 19, 2002) TOTAL for all dependents on a single application. You will only need one application
for all TD status renewals. I am not sure, but I believe one can complete this form
and mail it directly. But why bother! Download both forms, and have your
employer process (my word for "pay for") the costs of both the I-129 and
I-539. The I-539 does not have to be filled at the same time as the I-129 to my
knowledge, but why wouldn't you do them both at the same same anyway? Be sure to check the
latest fees at the INS Website
- If you are filling an I-129 and/or an I-539 form, you must also include the following
documentation:
1. Copies of your I-94's, front and back
2. Copies of your Citizenship Card or Canadian birth certificate
3. An original renewal letter (largely similar to the original offer letter) on company
letter-head (for TN renewals).
4. Copies of your education diploma/degree, or transcripts. Unfortunately, these may
be re-evaluated
5. If you are required to prove your experience, copies of all such proof that was
provided when you received your original TN status.
6. When you mail the application, send it PRIORITY POST with PROOF OF RECEIPT. No other method is acceptable if you must later prove that you sent it on time!
7. On a cover sheet, specifically list what you have included with your package.
Make this the FIRST sheet that the INS official will see.
8. Of course, include your check!
Check the INS
Fee Schedule before sending any money.
One, or both of these forms must be completed and sent along with payment to:
POSTAL Mail (Again, recommend "return receipt"),
send it to:
INS Northern Service Center
PO Box 85129
Lincoln NE 68501-5129
By courier (not recommended, unless you need it to get there NEXT DAY
INS Northern Service Center
100 Centennial Mall North, Room B-26
Lincoln, NE 68508.
You can contact Neil Marriott at