Can Or Should TN Visa Workers Still Travel?
In furtherance of President Trump’s Securing Our Borders Executive Order, USCBP border officers are engaging in more enhanced security screening measures. However, unless a TN visa worker has violated their visa status, has what I would call an “unstable” TN case, or has engaged in certain activities, the risk of a denial of entry or worse should be remote. This does not mean that individuals should let their guard down. Returning TN visa workers will still be subject to inspection by USCBP officers, and may be sent to secondary for additional questioning or searches.
For those TN visa workers interested in traveling, I have provided some tips to help ensure a smooth re-entry to the U.S. under the current environment. I have also identified some groups of TN visa workers who could be at risk of issues at the border, and who should consider speaking to an attorney prior traveling.
TN Visa Worker Travel Tips:
Have proof of your TN status, e.g.:
TN visa stamp, unexpired (ideally issued in the name of your current TN employer) (Mexican citizens only).
Original I-797 approval notice with I-94 record. (This form is only issued if you obtained your TN status by mail with USCIS by filing an I-129 petition.)
Printout of I-94 record from USCBP’s website. (I recommend printing this document as opposed to saving it on your phone to present to immigration officials. Otherwise, this could be an invitation for an officer to search your device. Also, be sure to keep your I-94 on you at all times now.)
Copy of your employer’s TN Support Letter used to obtain your TN status.
Copies of recent paystubs to evidence your maintenance of TN status.
If it has been several months since you have been in the U.S., consider obtaining an updated letter from your employer confirming your continued employment under the same terms and conditions as provided in your initial application letter.
Be prepared to confirm your employer, work site, job title, duties, and to explain how you continue to qualify for TN visa status.
Do not travel to the U.S. border with any confidential or sensitive data or information. Read more about protecting data while crossing the U.S. border.
Avoid social media postings that may be considered contrary to or critical of the current administration's agenda or interests.
Make sure you have notified the government within 10 days of any changes in U.S. address. (This is an old rule that the administration now seems keen on enforcing.)
Keep informed of any new immigration policies.
Be aware of your rights at the U.S. border.
TN Visa Workers Who Should Exercise Caution:
The following TN visa workers may be at risk of issues at the border, and should consider speaking to an attorney prior to traveling:
Individuals who have “unstable” TN cases, i.e. they have atypical job titles / an educational disparity with their TN occupation, had their TN visa eligibility questioned by USCBP in the past, or have had prior TN denials or revocations.
Individuals who have been promoted, or whose job titles or duties may have changed since the issuance of their last TN.
Individuals who had or subsequently obtained an ownership interest in the company that petitioned them for their TN status.
Individuals who have engaged in activities that may have questionable authorization under U.S. immigration law, e.g. TD visa spouses working remotely for their Canadian/Mexican employer while in the U.S.
Individuals with criminal issues (from the distant past or subsequent to last entry), or who are involved in the marijuana industry.
Individuals who are also citizens of a country that may be subject to Trump’s potential travel ban. (Individuals who also held Canadian/Mexican citizenship were exempt from the Trump 1.0 travel ban.)
Individuals who have recently traveled from any of these targeted countries.
Individuals who have engaged in protests or expressed support (via email, text/messaging app, social media, or otherwise) for groups or ideologies considered hostile to the current administration or threatening to its interests.