CBP Releases Checklist for TNs
In an attempt to improve consistency and clarify admission guidelines for non-immigrant worker applications under the TN (Treaty National) status, the U.S. Customs and Border Protection (CBP) has released a checklist for evaluating TN applications.
Recognized under the North American Free Trade Agreement (NAFTA), TN status is a special non-immigrant status in the United States unique to citizens of Canada and Mexico, which allows them to legally work in the United States. Since its implementation in 1994, applicants have experienced different guidelines concerning the evidentiary requirements imposed by CBP officers at the various places applicants can apply, including the U.S. Consulate (Mexican applicants) and port of entry (POE), U.S. international airports, or designated pre clearance stations (Canadian applicants). Thus, the need for a uniformed checklist for consistency, regardless of the place of application, was warranted.
The new checklist lists the acceptable documentation needed for entry, including: proof of citizenship; offer of employment letter; degree/diploma or proof of experience; any additional mandatory evidence, if applicable; and proof of dependents. The clarity of this checklist should help nonimmigrants meet eligibility requirements and identify any missing documents, as well as provide uniformity amongst CBP officers.
The CBP also notes that it may be more beneficial to applicants to apply at larger ports of entry and during regular business hours, for faster and easier adjudication. Another benefit of this new checklist is that it can be given by CBP officers to applicants, noting the missing documents and then the applicant can gather the appropriate documents and take the checklist with them when they reapply.
It is good to see that CBP is making a strong effort to improve the TN process, and this new checklist is a step in the right direction to ensure more efficient adjudication. As part of the same initiative, CBP also announced plans to create an L-1 checklist. Please contact us at Sharma Law should you have any further questions about either TN or L-1 visas.