Those aliens who qualify for TN status but are in the U.S. on some other type of non-immigrant status may petition the USCIS (formerly INS) to change their status to TN. The following are the procedures for Change of Status to TN status:
A. TN-1:
Generally speaking, the application for a change of status is filed on an I-129. The filing fee is $130. All documents required to obtain TN-1 status must be submitted with the form. The Canadian professional can avoid the application fee by going back to Canada and applying for TN-1 status at the border where he would only have to pay a $50 filing fee. In this instance, the applicant would not fill out an I-129, but would simply present the necessary documents to the interviewing officer at the border.
B. TN-2:
The application for a change of status is filed on an I-129. The filing fee is $130. All documents required to obtain TN-2 status must be submitted with the form. Unlike the TN-1, practically, the Mexican professional does not have the option of traveling to the border to apply for TN-2 status as Mexican nationals have a visa requirement.
C. TD:
Generally speaking, TN Dependents apply for TD status on an I-539. If filing for more than one dependent, then a supplement 1 must be attached to the I-539. The application fee is $120. Please note that the I-539 must be filed simultaneously with the I-129. Canadian professionals may avoid the extensive application fees by applying for TN-1 status with their dependents at the border. The only fee involved in this scenario would be a $50 filing fee.
For more information on the TN category, please click one of the following
links:
Description
Requirements for a TN status
The detailed list of approved professions for
TN status
Application procedure
Benefits of TN status
Limitation of TN status
Renewal TN status
Change of status to TN
Frequently Asked Questions and Answers about
TN
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