How early can I apply for a TN visa
Sep 23rd 2016, 12:26 am
#1
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Thread Starter
Joined: Apr 2004
Posts: 175
How early can I apply for a TN visa
Hi folks,
I have a job offer in the US starting on January 2nd, and I am based in Toronto. I plan to drive down in late November, and will be crossing the border in Buffalo. Is that too early. Most of the time the people that I have talked to fly out of Toronto and so they apply on the day they are flying out.
Thanks in advance for all the advice.
Someone all confused.
I have a job offer in the US starting on January 2nd, and I am based in Toronto. I plan to drive down in late November, and will be crossing the border in Buffalo. Is that too early. Most of the time the people that I have talked to fly out of Toronto and so they apply on the day they are flying out.
Thanks in advance for all the advice.
Someone all confused.
Sep 23rd 2016, 12:47 am
#2
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: How early can I apply for a TN visa
The regs say you can enter up to 10 days prior, which in this case would be the start date of your employment stated in your job offer letter.
Sep 23rd 2016, 3:26 pm
#3
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Location: Maryland (via Belfast, Manchester, Toronto and London)
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Re: How early can I apply for a TN visa
Do you have a link? I've read that there is no defined timeline but you're more likely to be approved 1 week in advance and more likely to be asked to come back later if you try 2 weeks in advance. 10 days seems to be quoted as a guideline but I haven't been able to find anything official on that.
Sep 23rd 2016, 4:58 pm
#4
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Joined: Dec 2005
Location: Colorado Springs
Posts: 1,214
Re: How early can I apply for a TN visa
Hi folks,
I have a job offer in the US starting on January 2nd, and I am based in Toronto. I plan to drive down in late November, and will be crossing the border in Buffalo. Is that too early. Most of the time the people that I have talked to fly out of Toronto and so they apply on the day they are flying out.
Thanks in advance for all the advice.
Someone all confused.
I have a job offer in the US starting on January 2nd, and I am based in Toronto. I plan to drive down in late November, and will be crossing the border in Buffalo. Is that too early. Most of the time the people that I have talked to fly out of Toronto and so they apply on the day they are flying out.
Thanks in advance for all the advice.
Someone all confused.
Sep 26th 2016, 2:06 pm
#5
Concierge
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
Re: How early can I apply for a TN visa
My best friend is working in the US on this visa, has been for a few years now. She said she applied at the border when entering. She said there is a window between when you can apply and when you actually enter, but she just did hers on the day she entered the US and applied at the border.
She said the website for TN visas should tell you what you need to know. Her work did most of it for her, so she's not sure of a lot of it offhand.
She said the website for TN visas should tell you what you need to know. Her work did most of it for her, so she's not sure of a lot of it offhand.
Sep 26th 2016, 3:06 pm
#6
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Joined: Sep 2010
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Re: How early can I apply for a TN visa
My best friend is working in the US on this visa, has been for a few years now. She said she applied at the border when entering. She said there is a window between when you can apply and when you actually enter, but she just did hers on the day she entered the US and applied at the border.
She said the website for TN visas should tell you what you need to know. Her work did most of it for her, so she's not sure of a lot of it offhand.
She said the website for TN visas should tell you what you need to know. Her work did most of it for her, so she's not sure of a lot of it offhand.
Sep 27th 2016, 6:19 am
#7
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Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,035
Re: How early can I apply for a TN visa
I've only just realised that this thread is asking about a visa for the US, not Canada! 
So I've moved it to the right section of the forum where hopefully you'll get some clarification.
Good luck.
So I've moved it to the right section of the forum where hopefully you'll get some clarification.
Good luck.
Sep 28th 2016, 2:28 am
#9
Forum Regular
Thread Starter
Joined: Apr 2004
Posts: 175
Re: How early can I apply for a TN visa
Hi folks,
Thanks for the input. 10 days it is then. Cheers.
Thanks for the input. 10 days it is then. Cheers.
Oct 4th 2016, 9:35 pm
#10
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: How early can I apply for a TN visa
Do you have a link? I've read that there is no defined timeline but you're more likely to be approved 1 week in advance and more likely to be asked to come back later if you try 2 weeks in advance. 10 days seems to be quoted as a guideline but I haven't been able to find anything official on that.
The situation with TN is always a bit vague. In the CBP guidance it says application must be made at the same time as application for admission is made unless the person has an approved I-129 (which they generally wouldn't have). So basically a good reason for admission, so on that basis, we're taking days prior not months prior.
Nov 30th 2016, 11:40 pm
#11
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: How early can I apply for a TN visa
USCIS has just issued a rule clarification on this very subject to clarify their policy:
So not only is it now an official regulation that it's ten days, not just a policy, but they've also put in a 60-day grace period for you to look for another job due to a "cessation" of employment.
§ 214.1 Requirements for admission, extension, and maintenance of status.
* * * * *
(l) Period of stay. (1) An alien admissible in E–1, E–2, E–3, H–1B, L–1, or TN classification and his or her dependents may be admitted to the United States or otherwise provided such status for the validity period of the petition, or for a validity period otherwise authorized for the E–1, E–2, E–3, and TN classifications, plus an additional period of up to 10 days before the validity period begins and 10 days after the validity period ends. Unless authorized under 8 CFR 274a.12, the alien may not work except during the validity period.
(2) An alien admitted or otherwise provided status in E–1, E–2, E–3, H–1B, H–1B1, L–1, O–1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien’s classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.
(3) An alien in any authorized period described in paragraph (l) of this section may apply for and be granted an extension of stay under paragraph (c)(4) of this section or change of status under 8 CFR 248.1, if otherwise eligible.
* * * * *
(l) Period of stay. (1) An alien admissible in E–1, E–2, E–3, H–1B, L–1, or TN classification and his or her dependents may be admitted to the United States or otherwise provided such status for the validity period of the petition, or for a validity period otherwise authorized for the E–1, E–2, E–3, and TN classifications, plus an additional period of up to 10 days before the validity period begins and 10 days after the validity period ends. Unless authorized under 8 CFR 274a.12, the alien may not work except during the validity period.
(2) An alien admitted or otherwise provided status in E–1, E–2, E–3, H–1B, H–1B1, L–1, O–1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien’s classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.
(3) An alien in any authorized period described in paragraph (l) of this section may apply for and be granted an extension of stay under paragraph (c)(4) of this section or change of status under 8 CFR 248.1, if otherwise eligible.
Nov 30th 2016, 11:54 pm
#12
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Location: Colorado Springs
Posts: 1,214
Re: How early can I apply for a TN visa
Good to know. Common sense prevails!
