TN Visa Highlights from AILA Liaison Meeting with San Diego CBP Office

The following is a summary of some of the TN visa related issues discussed during the October 24, 2012 AILA liaison meeting with CBP’s San Diego Field Office. AILA San Diego/CBP Liaison Meeting, AILA InfoNet Doc. No. 12112142 (Posted 11/21/12).

• CBP San Diego on Mexican TN visa workers: Mexican TN visa workers may be admitted to the U.S. beyond the expiration date of their TN visa stamps. (TN Visa Bulletin comment: TN visa stamps are currently issued to Mexicans with a maximum 1-year validity period). As with Canadian TN visa workers, Mexican TN visa workers may be admitted to the U.S. for up to a 3-year period provided such request is made in their employment letter. If an officer refuses to admit an individual for the 3-year period, he/she can ask to speak to the Supervisory CBP officer on duty. However, like all other non-immigrants, Mexican TN visa workers will not be admitted to the U.S. beyond the expiration date in their passport.

• CBP San Diego on sales / management positions: Positions with job titles of Sales Engineer or Engineering Manager would not qualify for TN visa status even though the position requires the application of engineering principles. TN Visa Bulletin comment: This response is in conflict with guidance from CBP’s Office of Field Operations, which stated that if, e.g. a position requires the application of professional-level engineering duties, then a Sales Engineer or Engineering Manager position may still qualify for TN visa status. Other CBP ports-of-entry and USCIS have previously approved TN visas for sales and management-level positions.

• CBP San Diego on refusal records: Officers will provide individuals copies of the following documents if they are denied entry to the U.S.: (1) Form I-860, Notice of Removal, for individuals expedited removed; (2) Form I-867, Sworn Statement, for individuals expedited removed; (3) Form I-275, Notice of Visa Cancellation, for individuals whose visas have been cancelled. CBP will not provide copies of these forms after the fact. Individuals would have to file a FOIA request in order to obtain these documents afterwards.