USCBP SAYS FOREIGN RESIDENCE REQUIRED FOR TN VISAS?

Question: You posted something recently from the CBP help page. Something here caught my attention:

"One condition of approval for TN status is the individual must establish to the inspection CBP officer that he or she meets the general requirements for nonimmigrants under 8 CFR 214.1 (a)(3), which include a foreign residence that he or she has not abandoned."

I thought for a TN there was no requirement to maintain a foreign residence. Did this recently change or is the help article incorrect?

Reply: I would say that this article is not entirely accurate.

There is a temporary entry requirement to the TN visa classification, but no specific foreign residence requirement. See, e.g. 9 FAM 41.11 N2.1 (stating that “[o]nly the following visa categories are subject to residence abroad requirements: B, F, H (except H-1), J, M, O-2, P, and Q.”).

Many immigration officers incorrectly interpret the temporary entry requirement to require that an applicant maintain a foreign residence. However, the laws and regulations governing the TN visa classification have no such requirement. See, e.g. 8 CFR 214.6 (b) for a definition of “temporary entry.”

In cases where one’s intent is questioned, however, evidence of a residence abroad can help establish to U.S. immigration authorities that an individual meets the temporary entry requirements for TN visa status.