TN Visa Processing: Pre-Flight Inspection and Ports of Entry

Processing a TN visa through pre-flight inspection (PFI) or at a U.S. Port of Entry (POE) requires careful adherence to procedures outlined by Customs and Border Protection (CBP). However, practices often vary between locations. Below, we’ll address key concerns, including job duty forms, timing for extensions, and specific challenges related to TN visa categories, particularly for Engineers.

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1. Job Duty Forms and Assigning Percentages

What’s Required?

Applicants at some POEs, particularly airports, are required to complete job duty forms. These forms ask for:

• A breakdown of job duties.
• The percentage of time allocated to each duty.
• Employer details such as address and contact information.

Why Is This Done?

CBP has stated this is intended to:

• Reduce processing times by providing CBP officers with critical information upfront.
• Compensate for employment letters that often omit detailed information, such as job duty breakdowns or employer contact details.

Challenges

This requirement is not universally applied across POEs, leading to inconsistency. CBP headquarters has indicated that this practice is not officially mandated, making it a localized strategy for volume management.

Takeaway

If applying for TN status through pre-flight inspection or similar POE, ensure your application includes:

• A detailed list of job duties with assigned percentages.
• Complete employer details in the letter or separate forms.

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2. Timing for TN Visa Extensions

Applicants can renew or extend their TN status according to the following timing guidelines:

• 15-Day Window for Renewals at POEs: Applicants can renew their TN status within 15 days of their current status expiring. The new TN status will begin on the day of approval.
• Advance Renewals Through USCIS: Applicants renewing through USCIS can secure a new I-797 approval notice with an advance start date, allowing earlier applications.

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3. Job Title vs. TN visa Category

It is important to apply under the proper TN visa category listed under the USMCA/NAFTA occupations list. While employers may use various internal titles on an employment/offer letter, the TN application must use the general occupational category defined by the USMCA/NAFTA professionals list. Applicants should refer to the official USMCA/NAFTA professions list in their application and clearly explain how their specific role aligns with the broader TN category.

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4. Dates on Employment Letters

• Preparation Date vs. Start Date: The preparation date is when the letter was written and signed. It does not need to match the TN start date. For example, a letter prepared on January 1 for a start date of February 1 is acceptable.
• Start and End Dates: The letter must specify the employment start and end dates to confirm the intended TN duration.

Best Practices

• Ensure the letter is signed and dated by the employer.
• Include specific employment start and end dates matching the requested TN duration.

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Tips for a Smooth TN Visa Process

1. Prepare Thorough Documentation:
   • Include a comprehensive job duty breakdown.
   • Provide complete employer details (address, phone number).
   • Use the correct TN category per the USMCA/NAFTA list.
2. Check POE-Specific Requirements:
   • Preclearance and other locations may have unique practices.
3. Clarify Dates:
   • Align employment start/end dates with the requested TN validity period.
   • Ensure letters are signed and dated appropriately.

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Conclusion

While TN visa processing at PFIs and POEs can vary, understanding these localized practices helps applicants prepare effectively. For further clarification or assistance, consult an experienced immigration attorney who can navigate evolving CBP procedures and ensure compliance.

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