TN Visa for Canadian and Mexican Nationals

 

The TN visa is a popular option for professionals from Canada and Mexico who want to work in the United States under the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA. This non-immigrant visa category allows eligible applicants to work in the U.S. in certain designated professional occupations, making it an attractive pathway for skilled workers.

Benefits of the TN Visa

No Visa Cap: Unlike other U.S. work visas, such as the H-1B, the TN visa has no annual limit, meaning more applicants have the opportunity to work in the U.S. without waiting for lottery results.   

Quick Processing: TN visas can be processed quickly, with many Canadian citizens able to apply directly at the U.S. border and receive immediate approval. Mexican citizens can apply through U.S. consulates, with generally fast processing times.

Multiple Renewals: A TN visa is initially valid for up to three years and can be renewed indefinitely, as long as the applicant continues to meet the visa's requirements. This offers long-term stability for professionals seeking to work in the U.S.

Expanded Job Opportunities: Positions that do not qualify for H-1B, such as graphic designer and hotel manager, also qualify. 

Dependent Visas: Dependent spouses and children can also live and study in the United States.

Requirements for the TN Visa

To be eligible for the TN visa, applicants must meet the following criteria:

Citizenship: The applicant must be a citizen of either Canada or Mexico. Permanent residents of these countries are not eligible.

Qualifying Profession: The job offer must be in one of the professions listed in the USMCA's designated categories. These include fields like engineering, accounting, law, science, and more. A full list of eligible professions can be found in the TN visa guidelines.

Job Offer: Applicants must have a valid, pre-arranged job offer from a U.S. employer for a full-time or part-time role in one of the qualifying professions. Self-employment is not allowed under TN visa rules.

Credentials: Applicants must have the necessary educational qualifications or credentials to meet the requirements for the specific professional occupation. Typically, this means having a degree or equivalent certification in the relevant field, except the position of a management consultant.

Temporary Intent: The TN visa is a non-immigrant visa, meaning the applicant must demonstrate an intent to return to their home country once the visa expires, though indefinite renewals are possible.

Application Process

For Canadian Citizens, they may apply directly at a U.S. Customs and Border Protection (CBP) point of entry, such as an airport or land border, with all required documents. There is no need for a visa to be issued beforehand.  The border officer will review the documents and decide on the spot. If approved, you can enter the U.S. and start working immediately.

Mexican citizens must apply for a TN visa at a U.S. consulate or embassy. This involves submitting the DS-160 form, scheduling an interview, and providing the required documentation, similar to Canadian applicants. After the TN visa is issued after the interview,  Mexican citizens can enter the U.S. and begin working for the employer listed in the application.

Tips for a Successful Application

It is important that the job offer letter from your U.S. employer clearly outlines your job duties, salary, and employment terms. The letter should also specify how the job fits into one of the qualifying TN professions, and how the applicant qualifies for it.  Although TN visas can be renewed indefinitely, they are still temporary. Be prepared to show ties to your home country, such as property, family, or financial obligations, to demonstrate that you do not intend to permanently immigrate. 

Whether you're applying at a U.S. consulate or at the border, be ready for questions about your job offer, qualifications, and intent to return to your home country. Have all your documentation organized and easily accessible. Keep track of your visa expiration date and begin the renewal process well in advance to avoid any gaps in your work authorization.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Documents needed for TN Visa

The U.S. Customs and Border Protection (CBP) recently released a checklist of documents used by their officers to evaluate NAFTA (TN) applications.  The TN visa category was established by the North American Free Trade Agreement (NAFTA) to allow Canadian and Mexican citizens who are coming to the U.S. to work in professional positions. However, unlike the H-1B visa program, the listing of TN visa positions are pre-defined.

Generally speaking, Mexican citizens must first apply for a visa before they are allowed to enter the U.S. Canadian citizens may directly request for admission as a TN professional at a Class A port of entry (POE), a U.S. international airport, or a designated pr-eclearance station.  The CBP officers are responsible for checking a TN applicant's documents and his or her eligibility for TN admission. Therefore, they have the authority to approve or deny a TN application at the port of entry.  Hence, it is extremely important that a TN applicant present proper and sufficient documents to prove his or her eligibility.

To ensure that the officers at different ports of entry adjudicate TN applications consistently, CBP has released a checklist of basic documents used by the agency's officers.  The basic documents include: 1) Proof of Canadian citizenship; 2) Offer of Employment Letter specifying the job title, detailed job description, salary and compensation, duration of employment; 3) Applicant's qualification documents including educational diplomas and transcripts, proof of employment experience and other qualifications; 4) Additional Mandatory Evidence such as Visa Screen for healthcare workers, state license, and waivers of inadmissibility; 5) Dependents' marriage license, birth certificate, adoption documents and TD visa for non-Canadian dependents; and 6) Other relevant documents.

The purpose of the checklist is to facilitate determination by CBP officers that applicants have all the required documentary evidence required for the TN status. A CBP officer can either deny the request for admission or request for additional evidence if here are deficiencies with the documents.  The applicant may re-apply again with additional documents later on. The checklist will be kept in file and the next officer will use it as a reference.

Some applicants, after their TN admission was denied, try to re-apply at a different port of entry, thinking some other officers or ports of entry are "easier" than the others.  Such thinking is not correct for two reasons. First, the CBP system will have records of the applicant's prior entry records which can be accessed by all CBP officers.  So going to a different port of entry should not make a difference.  Secondly, such actions of shopping for different entry points could be viewed negatively by the CBP officers, hence making it even more difficult to obtain TN status.   By being as open as possible, e.g., by going to the same port of entry regularly, and by visiting during regular office hours, a Canadian's chances of getting TN status would actually be better.

Economists Applying for TN Working Status

USCIS recently issued guidance clarifying economists' eligibility to apply for TN employment status.  The guidance focuses on the specific work activities immigration officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The TN nonimmigrant status was created by the North American Free Trade Agreement (NAFTA) to allow qualified Canadian and Mexican citizens to temporarily enter the U.S. to work in specific pre-defined professions, including the occupation of economist.  Some other common TN professions include accountants, engineers, teachers, computer system analysts, management consultants, architects, industrial designers, hotel managers, landscape architects, lawyers, social workers, interior designers, etc.

According to USCIS, the absence of a definition for economists has resulted in inconsistent adjudication of TN applications.  Hence, the agency issued a policy memo providing the following clarifying guidance on what constitutes an economist under NAFTA, citing several federal authorities:

• Economists generally specialize in either microeconomics (analyzing the behavior of individuals and firms with the aim of understanding the relationships between supply and demand) or macroeconomics (analyzing aggregated indicators to determine how different sectors of the economy relate to each other).

• Economists may apply economic analysis to issues in a variety of fields, such as labor, international trade, development, econometrics, education, health, and industrial organization, among other fields.

• DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy.

• Economists may collect and process economic and statistical data using sampling techniques and econometric methods.

USCIS specifically identified several professionals which are not eligible for classification as a TN economist including: financial analysts, marketing analysts, and market research analysts. Financial analysts primarily conduct quantitative analyses of information affecting investment programs of public or private institutions which, according to USCIS, are different from economists' job duties.  The occupations of market research analyst and marketing analysts are specifically excluded in the Labor Department (SOC)'s definition of an economist.

Canadian and Mexican applicants who wish to apply for TN status as economists must examine their situation under the new guidance.  Remember, the border immigration officers will focus on the activities that you will be engaged in after entry.  Even TN workers who have been granted approval as economists should also re-evaluate the facts of their cases.  The government may revoke their TN status or deny requests for extension in the future.

Canadian TN Nonimmigrants may file I-129 outside of the United States

USCIS Announces a New Filing Option on behalf of Canadian TN Nonimmigrants and Reminds Employers of the Current Filing Options on behalf of Canadian L-1 Nonimmigrants

Canadian TN Nonimmigrants: On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant. With respect to the TN classification, USCIS currently only accepts Form I-129 in connection with a request to extend a TN nonimmigrant's stay or to change a nonimmigrant's status to TN. Canadian citizens continue to have the option of applying to U.S. Customs and Border Protection (CBP) for TN classification in conjunction with an application for TN admission to the United States.  Please refer to CBP's website for additional information and requirements for applying for admission to the United States. 

Canadian L-1 Nonimmigrants: As a reminder, an employer has the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer that has an approved L-1 blanket petition also has the option to file a Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, along with supporting documentation, with the USCIS service center that approved the L-1 blanket petition, on behalf of a Canadian citizen (or any visa-exempt beneficiary) who is outside the United States. As before, Canadian citizens may apply for L-1 classification in conjunction with an application for L-1 admission to the United States by presenting the Form I-129 (individual petition) or I-129S (under an approved blanket petition) and supporting documentation to CBP.

Source: USCIS.gov  News Alert 09/28/2012 

Sweeping Proposal to Provide 60-Day Grace Period, 180-Day EAD Extension & Other Flexibilty Provisions to High-Skilled Workers

As a New Year's present to foreign high-skilled workers, the DHS published a lengthy proposal in the Federal Register, dated December 31, 2015, to implement a number of new flexibility provisions and also codify some current policies pursuant to American Competitiveness in the Twenty-first Century Act of 2000 (AC21) and American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), as part of the Obama Administration's immigration reform plan.  

The proposed rules, entitled "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers," are about 180-page long and touch on many areas of foreign workers' immigration process and immigration status.   The following is a summary of the most important changes, grouped under two categories: New Rules and Existing Policies Clarified.

NEW RULES

• Automatic Revocation of Approved I-140 Petition Removed:  Currently an approved I-140 is revoked automatically under certain conditions (invalidation of the labor application, death of the petitioner or beneficiary, withdrawal by petitioning employer, and termination of the petitioning business).  USCIS will no longer automatically revoke or cancel an approved I-140 petition once the I-140 petition has been approved for 180 days or more, unless there is evidence of fraud, misrepresentation, invalidation or revocation of the labor application or USCIS error.   Even when the petitioning employer requests for cancellation, the approved I-140 will continue to be valid for the purposes of retention of priority date, job portability and extension of H-1B status.  8 CFR 205.1(a)(3)(iii)(C) and (D). 

• Extension of 10-Day Grace Period to E, L & TN Visas:  Currently H-1B workers may enter the U.S. 10 days before their H-1B employment begins and also remain here for 10 more days after their H-1B employment terminates.  DHS proposes to extend these 10-day grace periods to other visa classifications including the E, L visas and also TN classification.  8 CFR 214.1(l)(i). Employment is not authorized during these grace periods.  

• 60-Day Grace Period for E, H-1B, L, TN & H1B1 Workers:  DHS proposes a one-time grace period of 60 days for these nonimmigrant workers to allow them time to seek new employment, apply for another visa status or prepare to depart from the U.S. when their employment is terminated.  The grace period would be for up to 60 days or until the existing validity period ends, whichever comes first. 8 CFR 214.1(l)(ii).  Dependents are also eligible for the grace period. Employment is not authorized during the grace period. 

• Emergency EAD for Compelling Circumstances:  DHS proposes to allow certain foreign workers to apply for employment authorization for one year if they meet four criteria: "(1) The individual is currently in the United States and maintaining E-3, H-1B, H-1B1, O-1 or L-1 nonimmigrant status; (2) the individual is the beneficiary of an approved immigrant visa petition under the EB-1, EB-2 or EB-3 classification; (3) the individual does not have an immigrant visa immediately available; and (4) the individual can demonstrate to the satisfaction of DHS compelling circumstances that justify an independent grant of employment authorization." 8 CFR 204.5(p)(1).  Compelling circumstances have not been defined but may include serious illnesses and disabilities, employment retaliation, and other substantial harm to the applicant or his family (e.g., inability to seek employment in home country), and significant disruption to the employer.  The dependent family members would also be eligible for such an EAD.  Extensions are also possible.  However, there are two caveats.  First, the proposal would "generally require the worker to forgo adjusting status in the United States and seek an immigrant visa abroad through consular processing.   Secondly, in order to apply for such an emergency EAD, the foreign worker's immigrant visa priority date must be less than one year from the current cut-off date at the time of the application.  

• Automatic Extensions of EAD:  DHS proposes automatic extension of a person's EAD for up to 180 days upon filing of an extension I-765 application prior to the expiration of the current EAD. The extension must be based on the existing authorization category and does not require adjudication of another application.  8 CFR 274a.13(d)(1).  Some eligible categories include refugees, asylees, individuals granted withholding of deportation / removal, TPS recipients, individuals with pending I-485 applications, etc. 

EXISTING POLICIES CLARIFIED

• Three-Year H-1B Extensions:  Section 104(c) of AC21 authorizes approval of H-1B status beyond the general 6-year maximum period if an immigrant visa is unavailable to the beneficiary due to per-country cap limits in the applicable visa category.  The proposed rule codifies this section and clarifies that extensions can be granted multiple times until an immigrant visa number becomes available to the beneficiary. Further, extensions can be granted regardless of whether the beneficiary is current in H-1B status or physically present in the U.S. However, dependent beneficiaries are not covered by this rule. 8 CFR 214.2(h)(13)(iii)(E)(1).

• One-Year H-1B Extensions:  Section 106(b) of AC21 authorizes approval of 1-year extensions of H-1B status beyond the 6-year maximum period if 365 days have passed since the filing of labor application or immigrant visa petition by an employer on behalf of the beneficiary.  This current rule is codified in the proposed regulation.  8 CFR 214.2(h)(13)(iii)(D)(1).  These extensions would generally be granted until a final decision has been made on the underlying labor application or immigrant visa petition.  A denied case under appeal is not considered a final decision.  However, extensions would not be granted to expired labor applications. Further, DHS proposes that the beneficiary must file an I-485 adjustment of status application within one year of visa number becoming available. (This is a new rule) 8 CFR 214.2(h)(13)(iii)(D)(10).  However, failure to timely file the I-485 can be excused or tolled due to unavailability of visa numbers, visa retrogression, or other valid reasons beyond the control of the beneficiary. 

• Ability to Change Jobs after Filing of I-485:   Under AC21 Section 106(c), visa applicants may change jobs or employers if an I-485 adjustment application has been properly filed and remains pending for 180 days or more.   The new rule continues to require that the new job offer must be "in the same or a similar occupational classification."  The new rule clarifies that the new job offer may be from the original petitioner, a different U.S. employer, or based on self employment. 8 CFR 245.25(a).  The intent of the parties at the time of filing will be used to determine the bona fides of the job offer.

• Ability of H-1B Workers to Change Jobs and Employers:   The new regulation implements Section 105(a) of AC21, which allows H-1B employees to change jobs or employers by allowing them to work immediately upon filing of a non-frivolous amendment or extension H-1B petition.   8 CFR 214.2(h)(2)(i)(H).  However, employment authorization ceases if the H-1B petition is denied pursuant to section 214(n) of the INA.  This portability provision is only available to H-1B workers who are in the U.S. in H-1B status (contrast this with the other AC21 extensions).   Further, if there are several "bridge petitions", denial of a preceding H-1B petition will result in the denial of any requests for extension in the subsequent petitions.   8 CFR 214.2(h)(2)(i)(H)(3).

• Recapture of Days Spent Outside of the U.S.:   In regards to the calculation of maximum period of time of authorized admission for H-1B workers, the current policy allows recapturing of any days that the beneficiary spent outside of the U.S.  The new rule will codify this current policy without changes.  8 CFR 214.2(h)(13)(iii)(C). Any trip of at least 24-hour duration may be recaptured. 

• Employment at Exempt Organizations for H-1B Cap:   Certain employers such as institutions of higher education and nonprofit research organizations are exempt from the H-1B quota restrictions.  The new rule codified the current policy that employment "at" (not just "by") such qualifying organizations are also exempt as long as (1) the employment is located at a qualifying institution; and (2) the H-1B worker will perform duties that "directly and predominately further the normal, primary, or essential purpose, mission, objectives or function" of the qualifying organization.  8 CFR 214.2(h)(8)(ii)(F)(4).

• Exempt Affiliated or Related Nonprofit Entities:   The definition of these affiliated or related nonprofit entities is expanded in the proposal, which would include also those nonprofit organizations that have entered into formal written affiliation agreements with institutions of higher education if these entities also (1) "establish an active working relationship with the institution of higher education for the purposes of research of education"; and (2)  "establish that one of their primary purposes is to directly contribute to the research or education mission of the institution of higher education."  8 CFR 214.2(h)(8)(ii)(F)(2)(iv) and (h)(19)(iii)(B)(4).

• Whistleblower Protection of the H-1B Workers:   The current policy protects H-1B workers who encounter retaliations as a result of their filing of a complaint against their employers' LCA violations. Under the proposed rule, documentary evidence regarding any retaliatory action from the beneficiary's employer (or former employer) can be submitted with an H-1B petition. 8 CFR 214.2(h)(20).  This evidence can be used as the basis to excuse any loss of or failure to maintain H-1B status by the beneficiary in relation to such retaliations as an “extraordinary circumstance” under 8 CFR 214.1(c)(4) and 248.1(b). 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Approved Professions for TN Status under NAFTA

The TN visa category was established by the North American Free Trade Agreement (NAFTA) to allow Canadian and Mexican citizens who are coming to the U.S. to work in professional positions.

The following are the approved professions for TN status. This list can be found in the Appendix 1603.D.1 of the North American Free Trade Agreement:

• Accountant: Baccalaureate, licenciatura degree, C.P.A., C.A., C.G.A., or C.M.A.
• Architect: Baccalaureate, licenciatura degree, or state or provincial licensure
• Computer Systems Analyst: Baccalaureate or licenciatura degree, or post-secondary diploma or certificate and three years of experience
• Disaster Relief Insurance Claims Adjuster: Baccalaureate or licenciatura degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims, or three years of experience in the field of claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
• Economist: Baccalaureate or licenciatura degree
• Engineer: Baccalaureate or licenciatura degree, or state or provincial licensure
• Forester: Baccalaureate or licenciatura degree, or state or provincial licensure
• Graphic Designer: Baccalaureate or licenciatura degree, or post-secondary diploma or certificate and three years of experience
• Hotel Manager: Baccalaureate or licenciatura degree in hotel management, or post-secondary diploma or certificate and three years of experience
• Industrial Designer: Baccalaureate or licenciatura degree, or post-secondary diploma or certificate and three years of experience
• Interior Designer: Baccalaureate or licenciatura degree, or post-secondary diploma or certificate and three years of experience
• Land Surveyor: Baccalaureate or licenciatura degree, or state, provincial or federal licensure
• Landscape Architect: Baccalaureate or licenciatura degree
• Lawyer: (Including Notary in the province of Quebec) L.L.B., J.D., L.L.M., B.C.L., licenciatura degree (five years), or membership in a state or provincial bar
• Librarian: M.L.S. or B.L.S. for which another baccalaureate or licenciatura degree was a prerequisite
• Management Consultant: Baccalaureate degree, licenciatura degree, or five years of experience in consulting or a related field
• Mathematician (including Statistician): Baccalaureate or licenciatura degree
• Range Manager/Range Conservationist: Baccalaureate or licenciatura degree
• Research Assistant (working in a post-secondary educational institution): Baccalaureate or licenciatura degree
• Scientific Technician/Technologist: Must work in direct support of professionals in: chemistry, engineering, geology, geophysics, meteorology, physics, astronomy, agricultural sciences, biology or forestry; and must possess theoretical knowledge of the discipline, and must possess the ability to solve practical problems in the discipline, or the ability to apply principles of the discipline to basic or applied research
• Social Worker: Baccalaureate or licenciatura degree
• Sylviculturist: (including forestry specialist: Baccalaureate or licenciatura degree
• Technical Publications Writer: Baccalaureate or licenciatura degree, or post-secondary diploma or certificate and three years of experience
• Urban Planner (including Geographer): Baccalaureate or licenciatura degree
• Vocational Counselor: Baccalaureate or licenciatura degree
• Medical Professions
• Dentist: D.D.S., D.M.D., Doctor en Odontologia, Doctor en Cirugia Dental, or state or provincial licensure
• Dietitian: Baccalaureate or licenciatura degree, or state or provincial licensure
• Medical Laboratory Technologist (Canada) or Medical Technologist (Mexico): Baccalaureate or licenciatura degree, or post-secondary diploma or certificate and three years of experience. Must be seeking entry to perform chemical, biological, hematological, immunological, microscopic , and bacteriological tests, procedures, experiments, and analysis in laboratories for diagnosis, treatment, or prevention of disease
• Nutritionist: Baccalaureate or licenciatura degree
• Occupational Therapist: Baccalaureate or licenciatura degree, or state or provincial licensure
• Pharmacist: Baccalaureate or licenciatura degree, or state or provincial licensure
• Physician (teaching or research only): M.D., Doctor en Medicina, or state or provincial licensure
• Physio Therapist or Physical Therapist: Baccalaureate degree, licenciatura degree, or state or provincial licensure
• Psychologist: Licenciatura degree or state or provincial licensure
• Recreational Therapist: Baccalaureate or licenciatura degree
• Registered Nurse: Licenciatura degree or state or provincial licensure
• Veterinarian: D.V.M., D.M.V., Doctor en Veterinaria, or state or provincial licensure
• Science Professions
• Agriculturist (including Agronomist): Baccalaureate or licenciatura degree
• Animal Breeder: Baccalaureate or licenciatura degree
• Animal Scientist: Baccalaureate or licenciatura degree
• Apiculturist: Baccalaureate or licenciatura degree
• Astronomer: Baccalaureate or licenciatura degree
• Biochemist: Baccalaureate or licenciatura degree
• Biologist: Baccalaureate or licenciatura degree
• Chemist: Baccalaureate or licenciatura degree
• Dairy Scientist: Baccalaureate or licenciatura degree
• Entomologist: Baccalaureate or licenciatura degree
• Epidemiologist: Baccalaureate or licenciatura degree
• Geneticist: Baccalaureate or licenciatura degree
• Geochemist: Baccalaureate or licenciatura degree
• Geologist: Baccalaureate or licenciatura degree
• Geophysicist (including Oceanographer in Mexico): Baccalaureate or licenciatura degree
• Horticulturist: Baccalaureate or licenciatura degree
• Meteorologist: Baccalaureate or licenciatura degree
• Pharmacologist: Baccalaureate or licenciatura degree
• Physicist (including Oceanographer in Canada): Baccalaureate or licenciatura degree
• Plant Breeder: Baccalaureate or licenciatura degree
• Poultry Scientist: Baccalaureate or licenciatura degree
• Soil Scientist: Baccalaureate or licenciatura degree
• Zoologist: Baccalaureate or licenciatura degree
• Teacher: Requires baccalaureate or licenciatura degree for teaching college, seminar or university

FY 2026 H1B Lottery Completed with Higher Selection Rate

 

On March 31, 2025, USCIS announced that it had completed the initial selection process for FY 2026 H-1B cap-subject petitions, marking a crucial milestone in the annual lottery system that governs one of the most sought-after employment-based visas in the United States.  The selection rate is significantly higher than last year, which can be attributed to the drastic increase in registration fee from $10 to $215 this year.  What should the selected candidates need to do next? And what options remain for those who were not selected in the lottery?

The FY 2026 H-1B Lottery: What Happened?

USCIS has confirmed that the initial registration selection process has concluded, and notifications have been sent to employers and legal representatives via their online accounts.  The parties should download the selection notices and safekeep it for filing. 

As in previous years, USCIS used a random lottery system to select enough registrations to meet the regular cap (65,000) and the advanced degree exemption (20,000), known as the master’s cap. 

Selection Rate for FY 2026?

As of now, USCIS has not released official statistics regarding the number of registrations received or the selection rate for FY 2026. However, unofficial sources mention approximately 30 to 40% selection in this first round. While this figure gives a rough sense of the scale, it should be treated as unconfirmed until USCIS releases formal data.  Many of these estimates are based on small sample sizes only. 

What Happens Next for Selected Registrants?

If your registration was selected in the FY 2026 lottery, your employer may now file an H-1B cap-subject petition on your behalf during the designated filing period, which typically starts on April 1, 2025 and runs for 90 days.  Selected applicants should focus on: 

• Gather Supporting Documents – These include academic credentials, work experience documentation, LCA (Labor Condition Application), job offer letter, and more.
• Work with an Immigration Attorney – Ensure all documentation is accurate and complete to avoid RFEs (Requests for Evidence) or denials.
• File Within the Time Window – USCIS will only accept petitions for selected beneficiaries during the specified filing window.

Options for the Unselected

For the many applicants not selected in the first round of the H-1B lottery, all hope is not lost. Here are some potential paths forward:

• Second Round of Lottery: If USCIS does not receive enough H-1B petitions to meet the cap from the first-round selectees, it may conduct a second (or even third) lottery, as it has done in past years. So, maintain access to your registration account and stay in contact with your employer or attorney.

Alternative U.S. Visa Options which include: 

• F-1 OPT/CPT Extensions – If you're an F-1 student, STEM OPT extensions may give you more time.  CPT can be an option but you must follow the regulations carefully.
• L-1 Visa – For employees of multinational companies, they may consider a transfer to the U.S.  This option is only available for executives, higher level managers, and also employees with specialized knowledge.
• O-1 / EB-1A Visa – For individuals with extraordinary ability in science, education, or business, they should definitely purse the O-1 visa and also the EB-1A immigrant visa option.
• TN Visa – For Canadian and Mexican nationals under NAFTA/USMCA, they may also consider applying for a TN visa.. 
• Cap-Exempt H-1B – Jobs with qualifying nonprofit or academic institutions may be exempt from the cap.

Also think Global Opportunities:

Applicants may consider working for your U.S. employer from abroad while exploring future H-1B or L-1 opportunities, the employer has overseas offices and operations.  Also consider company transfers to countries with more flexible immigration policies (e.g., Canada, UK, or Ireland).

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

EB Rule Finalized: Grace Periods, Emergency I-140 EAD, 180-Day EAD Extension, and Much More

Hey foreign workers, you want grace periods?  Now you got them!

A final rule touching on many aspects of the U.S. employment-based non-immigrant and immigrant visa programs has been finalized recently.  In addition to grace periods,  the new rule allows emergency employment authorization for individuals with approved I-140 petitions, automatic 180-day EAD extension, job portability, H-1B extensions, and much more.   The main purpose of the new rule is to retain foreign high-skilled workers by creating flexibility for them to work in the U.S.  A draft proposal was published on December 31, 2015, the final rule goes into effect on January 17, 2017.

The following is a summary of the most important aspects of the new rule; 

10-Day and 60-Day Grace Periods
Foreign workers who are in E-1, E-2, E-3, L-1 and TN visa classifications may be granted grace periods of up to 10 days both before and after the visa validity period. Similar grace periods are currently available to nonimmigrants with H-1B, O, and P classifications.

Similarly, DHS may also grant foreign workers who are in E-1, E-2, E-3, H-1B, H-1B1, L-1, and TN classifications a one-time grace period of up to 60 consecutive days, or until the end of the validity period, whichever is shorter, during the validity period of the underlying petition.  The purpose of this grace period is to accord time to foreign workers to seek new employment if their current employment is terminated for whatever reason. However, the foreign worker may not work during this grace period.

I-140 EAD for Compelling Reasons
The new rule allows certain foreign workers to apply for employment authorization for one year if they meet four criteria: "(1) The individual is currently in the United States and maintaining E-3, H-1B, H-1B1, O-1 or L-1 nonimmigrant status; (2) the individual is the beneficiary of an approved immigrant visa petition under the EB-1, EB-2 or EB-3 classification; (3) the individual does not have an immigrant visa immediately available; and (4) the individual can demonstrate to the satisfaction of DHS compelling circumstances that justify an independent grant of employment authorization."

Compelling circumstances are not clearly defined, but may include the following:
- Serious Illness or Disability
- Employer dispute retaliation
- Substantial harm to the applicant
- Significant disruption to the employer

These EAD applications may be filed during the grace periods of the principal's visa status. Dependent family members are also eligible for th EAD.  Extensions are also allowed one two basis: (1) Compelling circumstances continue to exist and priority date remains not current, or (2) Principal's priority date is one year or less either before or after the Final Action cut-off date in the Department of State Visa Bulletin.

Automatic Extension of EAD
The new rule authorizes automatic extension of a worker's EAD for up to 180 days upon filing of an extension I-765 application prior to the expiration of the current EAD. The extension must be based on the existing authorization category and does not require adjudication of another application.  Some eligible categories include refugees, asylees, individuals granted withholding of removal, TPS recipients, individuals with pending I-485 applications, etc.  Ineligible categories include H-4 and L-2 beneficiaries, and also deferral of removal recipients.

I-140s Approved for 180 Days Remain Valid
Foreign workers' I-140 petitions that have been approved for more than 180 days will remain valid under the new rule and would no longer be subject to automatic revocation based solely on withdrawal by the petitioner or the termination of the petitioner's business. 

The validity of I-140 can be used in H-1B extension petitions under AC-21 and also for retention of priority dates in subsequent visa petitions.  An I-140 petition will remain valid even if it is withdrawn or cancelled by the employer unless USCIS revokes the petition based on fraud, misrepresentation or material error. 

Job Portability after 180 Days
The new rule codifies the current policy regarding foreign workers' ability to change jobs after their I-485 has been pending for 180 days. Specifically the new I-485 Supplement J was created to capture the information regarding the request for portability including the existence of a bona fide job offer that is in the same or similar job classification as the original one.

Three-Year H-1B Extensions
Section 104(c) of AC21 authorizes approval of H-1B status beyond the general 6-year maximum period if an immigrant visa is unavailable to the beneficiary due to per-country cap limits in the applicable visa category.  The new rule codifies this section and clarifies that extensions can be granted multiple times until an immigrant visa number becomes available to the beneficiary. Further, extensions can be granted regardless of whether the beneficiary is currently in H-1B status or physically present in the U.S. However, dependent beneficiaries are still not covered by the new rule.

One-Year H-1B Extensions
Section 106(b) of AC21 authorizes approval of 1-year extensions of H-1B status beyond the 6-year maximum period if 365 days have passed since the filing of labor application or immigrant visa petition by an employer on behalf of the beneficiary.  This current policy is codified in the new rule.   When an application has been denied but under appeal, it is still considered pending and can be used to support an extension request.  However, extensions would not be granted to expired labor applications.  Further, the applicant must file an I-485 adjustment of status application within one year of visa numbers becoming available. However, the one-year clock is reset if there is visa retrogression.  Failure to timely file the I-485 may be also excused by USCIS based on other valid reasons beyond the control of the beneficiary.

Licensing Requirements Relaxed for H-1B Employees
The new rule allows USCIS to review additional evidence when adjudicating H-1B positions which normally require a license.  For example, some states allow individuals without a full license to practice the occupation under the supervision of licensed professionals.  Sometimes a license is not granted not because of merits but because of a technical requirement such as lack of a social security number.  In short, USCIS will focus more on the substantive requirements of the license rather than the technical deficiencies.

Organizations that are Fee and/or Cap-Exempt
Certain organizations are exempt from the H-1B cap and/or filing fees.  The new rule provides more guidance in the qualifications of such organizations.  For example, an entity may claim exemption if it is "related or affiliated" with an institution of higher education.  Under the new rule, such an entity may claim exemption based on a formal written affiliation agreement with an institution of higher education, as long as "a fundamental activity" of the nonprofit entity is to directly benefit the mission of the institution of higher education.  Further, the new rule clarifies that shared ownership would not be a basis for denying exempt status.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Trump's Executive Order Bars Overseas Immigrants for 60 Days

The While House released President Trump's "Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak" today.  This is the Executive Order that Trump tweeted two days ago regarding suspension of U.S. immigration for 60 days.

The Proclamation orders that immigration of foreign nationals from overseas countries is suspended for 60 days starting 04/23/2020.  Further extension is possible afterward.  This applies to individuals seeking to immigrate to the U.S. as permanent residents from abroad.  Other visa classifications are not covered in this proclamation but future orders may affect non-immigrants such as holders of  F-1, H-1B, L-1A, O, etc. 

Exempt Immigrants
The following individuals are exempt from the order:
-  Immigrants who have been granted an immigrant visa before 04/23/2020 may still come in
-  Holders of U.S. green cards
-  Individuals who have valid travel documents such as advance parole, boarding foil, transportation letter, etc.
-  Spouses of U.S. citizens
-   Foreigners seeking to enter the U.S. to work in the medical field, perform medical research, or otherwise perform services that will combat COVID-1; and their spouses and children under 21
-  EB-5 investor immigrants
-  Children or prospective adoptees of U.S. citizens
-  Members of U.S. Armed Forces and their spouses and children
-  Other individuals whose entry would further important U.S. law enforcement objectives or other national interests

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Non-Immigrants (F-1, H-1B, L-1,TN, O, R, etc.)
Although non-immigrants are not covered in this order, Section 6 of the Proclamation specifically directs the Secretaries of DOL, DOS and DHS to review all nonimmigrant visa programs within 30 days and make recommendation as to what measures are needed to stimulate the U.S. economy.  Hence, it is very possible that non-immigrants will be targeted in future executive orders.  Individuals who are eligible to file their visa applications - including H-1B CAP cases - should do so immediately.  Individuals seeking to extend their H-1B or L-1 visa status should also submit their applications as soon as possible.

What Should Overseas Visa Applicants Do?
Overseas visa applicants must wait until the visa ban is over.  For visa applicants who have already been issued visas, they should contact the American Consulate in their area to find out their options.  If an applicant's immigrant visa has expired, he or she should contact the Consulate to find out how to obtain an extension.  Further, it is important for visa applicants to maintain their eligibility for their visa classification. For example, dependent children of immigrant visa applicants will lose eligibility if they are married.

As many U.S. embassies and consulates are not conducting business on account of COVID-19, the actual impact of this Executive Order may not be as great as it intends to be.  However, future proclamations or orders of Trump may seek to cover more categories of people including those who are present inside the U.S. Hence, foreign nationals should take steps to prepare for the worse and come up with contingency plans. In immigration law, timing is always critical. Some options would become unattainable if one runs out of time.

Trump's Visa Ban Expanded to Cover H-1B, J-1, L-1 Visas Until December 31, 2020

As predicted, the White House released another proclamation by President Trump expanding the existing immigration ban imposed by Trump on April 22, 2020.  The initial ban restricted immigrants from entering the US for 60 days starting April 23, 2020.  Today's proclamation expanded the duration of the initial ban until December 31, 2020, effective June 24, 2020.  It means that nobody abroad can immigrate into the US for the rest of 2020. 

The new executive order - Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak - also added non-immigrant visas including H-1B, H-4, H-2B,  L-1A, L-1B, L-2, J-1 and  J-2 to the banned list. There are limited exceptions to the visa ban including:

- Individuals who are lawful permanent residents

- Spouses and children of US citizens

- Those who can provide temporary services essential to the US food chain supply

- Other individuals whose entry will benefit the national interest of the US

It is important to note that the ban does not apply to non-immigrant workers who are present in the US.  For examples, if you are in H-1B status now, you may extend your status within the US.  Or if you are a multinational company manager present in the US on a valid visitor visa, you should be allowed to file a petition to change to L-1A status. You should be able to apply for a visa to return too if you are to depart the US.  However, it would not be advisable to do so under the present conditions. Even if you can get a visa to return, you will certainly experience delays and other inconveniences.  

The ban also does not apply to individuals who already have valid US visas or other legitimate travel documents such as advance parole travel documents and transportation letters as of the effective date of June 24, 2020.  Hence, if you are outside of the US now but possess a valid US visa, you should be able to return to the US.  

The language of the ban does not cover other non-immigrant visas such as F-1/ M-1, O-1, TN, R-1, E-1, E-2, E-3, etc.  Hence, foreign nationals should still be able to apply for these visas from abroad. If you have graduated from an academic program in F-1 status, you are still eligible to apply for employment authorization to gain work experience under the OPT and STEM OPT programs.  

Although the ban will expire on December 31, 2020, it can be extended again should the US Government determines that entry of foreign workers will be detrimental to the US labor market.  

Further, the proclamation also has built-in measures for the Departments of Labor and Homeland Security to promulgate new regulations to further limit the H-1B program and the EB-2 and EB-3 immigrant visa programs.  The EB-2 Visa Program is used mostly by foreigners with advanced degrees or exceptional ability.  The EB-3 Visa Program is used by foreign professionals with bachelor's degrees or at least two years of work experience.  The proclamation also asks the Secretary of Labor to initiate investigations in regarding to any violations of the H-1B Visa Program. 

OPT extension for foreign students in STEM (Science, Technology, Engineering, Mathematics) fields

Foreign students in the U.S. inevitably face this question: What do I do after my OPT ends?  There are different visa options that they may consider including the H-1B Visa, TN Visa (Canadians and Mexicans), E-3 Visas (Australians), Aliens of Extraordinary Ability Visa (O-1), Investors (E-1/E-2), etc.  For those students who have earned a degree in STEM (Science, Technology, Engineering, Mathematics) fields, they actually have another option:  apply for a 17-month STEM OPT extension.

Requirements for STEM OPT
To apply for a STEM OPT extension, a student must be in post-completion 12-month OPT and has earned a designated STEM degree.  Employment must be directly related to the field of study. Further, the employer must be registered with the DHS E-Verify employment verification system, and agree to report any termination or changes in employment status within 48 hours.

Advantages of STEM OPT
The obvious advantage of obtaining a STEM OPT extension is the additional 17 months of employment and stay in the United States.  As long as work is related to the STEM field of study, students may work as employees, contractors, interns, or volunteers.  Foreign students may also start a business and be self-employed.  In this situation, the student must work full-time and establish that he or she has the proper business licenses and is actively engaged in business activities that relate to the STEM degree.  Most importantly, the additional 17 months will accord students more time to explore other visa opportunities such as H-1B employment.

Things to know about STEM OPT
Students may apply for STEM OPT 120 days before the regular OPT expires by filing the I-765 form. Once an application is submitted, a student is allowed to continue working for up to 180 days or until the USCIS makes a decision. However, if extension is denied, a student should leave the country within the regular 60-day grace period unless he or she is able to obtain another visa status.

For students on regular post-completion OPT or cap-gap automatic extension, they are allowed to be unemployed for 90 days. Students with an approved 17-month extension will be entitled to another 30 days of unemployment time for a total of 120 days over the entire period of post-completion OPT.

STEM OPT is not without limitations.  It is a one-time extension which starts the day after the regular 12-month OPT period and ends 17 months later, regardless when the application is approved.  It cannot be broken down into smaller periods of employment.  Further, a student on STEM OPT must report any changes of legal name, address, employer, employer address, employment, immigration status, etc. to the school's DSO within 10 days of the change by submitting the Post Completion OPT Reporting Survey.  The survey must be submitted every 6 months even if there are no changes.

How do STEM OPT students travel?
For international travel, students on STEM OPT must have a valid F-1 visa stamp, a passport valid for at least six months, the STEM Extension EAD card, and an employment verification letter from their employer. Finally, they should also obtain an I-20 with travel endorsement from their school. Travel endorsement cannot be more than six months old.

File your H-1B Extensions Now

Foreign workers who are currently in a non-immigrant visa status are advised to file their extension applications as soon as possible based on Trump Administration's recent policy direction in immigration.

President Trump has not been subtle about his intention to restrict immigration ever since he took office three and a half years ago.  Through a serious of executive actions and policy changes, the administration has effectively reduced both legal and illegal immigration into the US.

In a recent letter sent to President Trump, four Republic Senators urge President Trump to suspend employment-based immigration into the US as follows:

- Suspend all new guest worker visas (H-2B) for 60 days, and follow by suspension of non-essential guest workers for at least one year.
- Suspend H-1B and other non-immigrant visas for at least one year, except certain healthcare professionals such as doctors and nurses.
- Suspend the F-1 students Optional Practical Training (OPT) program indefinitely.
- Suspend the EB-5 investment visa program.

According to these Senators, suspension of these visa programs is important to address the current historically-high unemployment rates of the US.  The EB-5 program, according to the Senators, has long been "plagued by scandal and fraud."

Importantly, the letter states that - "at a minimum" - these programs should be suspended, implying that other non-immigrant visa programs such as L-1A, L-1B, TN, R, O, etc., should also be included for suspension as well.

In his recent "Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak," President Trump already ordered the suspension of legal immigration from overseas countries for 60 days starting 04/23/2020.  Further extension is possible.

The same order specifically directed the Secretaries of DOL, DOS and DHS to review all non-immigrant visa programs within 30 days.  It shows that the Trump Administration was already planning to make policy changes regarding the non-immigrant visa programs.  After review, it is very possible that the White House will issue additional executive orders to restrict non-immigrant visa applications such as H-1B, L-1, etc.

Hence, it is strongly recommended that foreign students and workers should submit their applications immediately before any policy changes take effect.  This includes the H-1B CAP cases for Fiscal Year 2021, H-1B extension petitions, change-of-employment petitions, change-of-status petitions, OPT and STEM OPT applications.  In the past month, our firm has been working extra-hard to help our clients to submit their non-immigration applications to ensure that they can remain to work legally in the US.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

165 million nonimmigrant admissions to the U.S. in 2012

Every day, there are tens of thousands of visitors who arrive at the United States by land, by plane or by sea. Some of them are returning legal residents, but most of them are foreigners who come here for pleasure, temporary stays, business transactions, temporary employment, studies, and other legitimate purposes. These visitors' background is as diverse as the countries where they come from.  Due to national security reasons, all visitors are subject to screening at the border or a port of entry before they are allowed to enter the U.S. A good understanding of the characteristics and profiles of foreign visitors can promote tourism and facilitate business activities.

During 2012 alone, there were an estimated 165 million nonimmigrant admissions to the United States, according to a recent report by the Department of Homeland Security. There are three main types of admissions to the United States.  The first type of admissions are Canadians who come here for personal or business reasons.  Secondly, we have Mexican nationals who come here with Border Crossing Cards, which allow them to enter the U.S. temporarily for pleasure or business.

The third type of visitors are classified as I-94 admissions.  Until recently, these visitors were issued an I-94 form with their name, birthday, citizenship, and date and port of entry on it.  I-94 admissions represent 33 % (53.9  million) of the total admissions.  Most of the I-94 admissions were temporary visitors for pleasure (78%) and business (10.6%).   5.7 percent of them were temporary workers and their family members. The leading temporary workers include TN NAFTA professional workers (1.4%), H-1B workers (0.9%) and L-1 intracompany transferees (0.9%).  3.1 percent were students.

In terms of country of origin, the top countries in 2012 are Mexico (16 million or 30.5%), United Kingdom (4.4 million, 8.3%), Japan (4.1 million, 7.7%), Germany (2.3 million, 4.3%), France (1.9 million, 3.6%), Brazil (1.7 million, 3.3%), China (1.7 million, 3.3%), South Korea (1.5 million, 2.8%), Canada (1.4 million, 2.7%), Australia (1.3 million, 2.5%).

The top ports of entry are New York, NY (10.7%), Miami, FL (9.5%), Los Angeles, CA (7.2%), Newark, NJ (3.9%), San Ysidro, CA (3.9%), Honolulu, HI (3.5%) , San Francisco, CA (3.5%), Chicago, IL (3.0%), Houston, TX (2.6%), and Atlanta, GA (2.6%).

The top ten final destinations of these I-94 visitors are: California (18.9%), Florida (13.4%), Texas (12.7%), New York (11.9%), Hawaii (3.7%), Nevada (3.3%), Arizona (3.2%), Washington (2.3%), Michigan (2.2%), and Illinois (1.9%).

There are slightly more men (51.6%) than women (47.5%) who visited the U.S. as I-94 visitors.  In terms of age, most of them are between the age of 25 to 44 (43%), and 11.3% of them are children under 18.

USCIS Fees to Increase on October 2, 2020 - Naturalization Will Cost $1,170!

The finalized USCIS fee increases will be effective on October 2, 2020.  Applications postmarked on or after October 2, 2020 must be accompanied by the new fees.  In addition to fee increases, new editions of several application forms, as well as some important policy changes, will also take effect on October 2, 2020. 

Some of the major changes under the new rule include:

1) Higher Fees and New Forms for Employment-based Non-immigrant Petitions Including H-1B, L-1, etc.

Under the final rule, USCIS separates the Form I-129 into several forms for different visa classifications, with different fees. For example, an employer who is filing for an H-1B employee will need to submit the form I-129H1 with the new fee of $555, instead of the uniformed base fee of $460. For multinational managers and executives (L-1A ) or professional employees with specialized knowledge (L-1B), employers need to file the I-129L form and pay the new fee of $805.


2) Premium Processing Time Frame Extended to 15 Business Days

The current Premium Processing service guarantees 15 calendar days adjudication to those petitioners and applicants who pay for an additional fee of $1440. The final rule is extending this time frame from 15 calendar days to 15 business days. While the premium processing time will be longer, the filing fee remains the same.  In addition, USCIS is also considering adding premium processing service for more applications.

3)  Adjustment of Status Application:   a) No More Fee Exemption for Concurrent I-765 and I-131; b) Full Payment for Children Under 14 

The final rule removes the "bundled" fee exemption for I-765 (EAD) and I-131 (Advance Parole) that are filed concurrently with an I-485 application. This change also covers the EAD/AP renewals while the I-485 is pending. The filing fees have also been increased to $550 and $560 for I-765 and I-131 respectively. For the I-485 form, the filing fee will decrease to $1130.

In addition, there will be no more discount for derivative children under 14, even if their I-485 is filed concurrently with a parent. They must pay the full payment of $1130.

4) Changes to Biometric Fees 

The final rule eliminates the separate biometric fees for most of the forms including forms I-539 and I-485. However, it establishes a biometric fee of $30 for TPS applicants and re-registrants. It also requires a separate $30 biometric services fee for Form I-765 filed by pending asylum applicants and by foreign nationals applying for status as a long-term resident of the Commonwealth of the Northern Mariana Islands (CNMI). For DACA applicants, USCIS will maintain the biometric fee of $85.

5) Online Filing Makes a Difference 

For forms that can be filed online such as I-90, N-400, N-600, and I-539 (under certain circumstances),  a $10 fee reduction will apply to online filings.


The changes in USCIS fees and fee structures are quite significant.  Petitioners and applicants should confirm carefully they are using the correct application forms and paying the correct filing fees before sending out their applications. Failure to pay the correct fees or follow the new policy changes will result in rejection of applications.

FINAL RULE FEE CHANGES

	Immigration benefit request	Current fee ($)	New fee ($)
N-400	Naturalization	640	1,170 (paper filing) 1,160 (online filing)
N-600	Application for Certificate of Citizenship	1,170	1,000 (paper filing) 990 (online filing)
N-600K	Application for Citizenship and Issuance of Certificate Under Section 322	1,170	935
I-90	Replace Permanent Residence Card	455	415 (paper filing) 405 (online filing)
I-102	Replacement/Initial Nonimmigrant Arrival-Departure Document	445	485
I-212	Permission to Reapply for Admission into the U.S. After Deportation or Removal	930	1,050
I-290B	Notice of Appeal or Motion	675	700
I-131	Travel Document	575	590
I-765	Employment Authorization	410	550 (non-DACA) 410 (DACA only)
I-485, I-765, & I-131	Application to Register Permanent Residency or   Adjust Status, Employment Authorization, & Travel Document	1,225	2,270
I-539	Extend/Change Nonimmigrant Status	370	400 (paper filing) 390 (online filing)
I-751	Remove Conditions on Residence	595	760
I-129H1	I-129 H-1B - Named Beneficiaries	460	555
I-129H2A	I-129 H-2A - Named Beneficiaries	460	850
	I-129 H-2A - Unnamed Beneficiaries	460	415
I-129H2B	I-129 H-2B - Named Beneficiaries	460	715
	I-129 H-2B - Unnamed Beneficiaries	460	385
I-129L	Petition for L Nonimmigrant Worker	460	805
I-129O	Petition for O Nonimmigrant Worker	460	705
I-129CW, I129E&TN, I129MISC	CNMI-Only Nonimmigrant Transitional Worker;  Application for Nonimmigrant Worker: E and TN Classification; Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification.	460	695
I-129F	Petition for Alien Fiancé(e)	535	510
I-130	Petition for Alien Relative	535	560 (paper filing) 550 (online filing)
I-140	Immigrant Petition for Alien Worker	700	555
I-601	Waiver of Ground of Excludability	930	1,010
I-601A	Application for Provisional Unlawful Presence Waiver	630	960
I-526	Immigrant Petition by Alien Entrepreneur	3,675	4,010
I-824	Application for Action on an Approved Application or Petition	465	495
I-829	Petition by Entrepreneur to Remove Conditions on Permanent Resident Status	3,750	3,900
-	Biometrics Services	85	30 (TPS, I-765 for pending asylee and long-term CNMI resident program applicants) 85 (DACA applicants)

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