U.S. Citizenship and Immigration Services (USCIS) has published a proposal to increase the maximum duration of TN status issued to Canadian and Mexican professional workers from one year to three years.
The notice states that “these changes are expected to make the TN non-immigrant classification more attractive to professionals and their U.S. employers”.
There is no legal limit to the number of times TN status can be renewed provided that the worker can continue to demonstrate a non-immigrant intent. The proposed rules will also apply to the dependents of these workers.
The USCIS expects that these changes will reduce the potential for interruption of employment caused by annual renewals and delays in processing; provide cost and resource savings to the foreign worker and their US employer; and create a more stable and predictable workforce.
The announcement was made by the U.S. agency without any commitment from Canada that it will reciprocate the favour to Canada-bound American professionals. However, the Americans were not shy in expressing hope that “this proposal may encourage other NAFTA signatories to reciprocate by effecting similar liberalizing measures with respect to citizens of the United States seeking admission to their countries under NAFTA”
Given that this proposal will not need Congressional approval it is more likely than not that it will be approved.
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Turning to Canada, I am far less optimistic of the chances of the implementation of a motion that was passed on May 7th by Canada’s Parliament.
The House of Commons concurred in a recommendation by its Standing Committee on Citizenship and Immigration which would “allow any applicant (unless they have serious criminality) who has filed their first in-Canada spousal or common law sponsorship application to be entitled to a temporary work permit and an automatic stay of removal until a decision is rendered on their application”. However, this motion is not binding on CIC and its ultimate adoption is speculative, at best.
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Finally, for those Canadian who would prefer to sponsor their mom to Canada than calling her overseas on Mothers Day, this is how many months it is currently taking to complete the process at the following visa posts, including 23 months of processing in Mississauga: Buffalo 29-36; Beijing 35-42; New Delhi 28-56; Damascus 31-56. These are not the worst and 20% of these cases take even longer.
Guidy Mamann practices law in Toronto at Mamann & Associates and is certified by the Law Society of Upper Canada as an immigration specialist. Reach him confidentially at 416-862-0000 or at .