CBP UPDATE ON TN VISAS FOR MULTIPLE EMPLOYERS

In a recent liaison meeting with the American Immigration Lawyers Association (AILA), U.S. Customs & Border Protection (CBP) clarified its process for issuing TN visa status for multiple employers. See CBP Practice Pointer: TNs Working for Multiple Employers, AILA Doc. No. 16091302 (Sept. 13, 2016).

For Canadian citizens, CBP stated that:

• Applicants should bring a support letter for each employer.

• For land border applications, CBP will try to list all the approved TN employers on a single I-94 card. If additional I-94 cards are required, CBP will use the same I-94 number for each card.

• CBP will update its electronic I-94 system to evidence TN approval for all the employers. 

• For applications filed at an airport CBP office (where no paper-based I-94 form is issued), CBP will update its electronic I-94 system to evidence TN approval for all the employers. 

• Individuals will only need to pay one filing fee if they file their applications for multiple employers at the same time. (An additional $6 may be required if multiple I-94 records must be used at the land border.)

• If a TN worker wishes to add an additional employer at a later date, then a second filing fee would be required. 

For Mexican citizens, CBP stated that:

• Applicants should present a request for multiple employers when applying for their TN visa stamp at the U.S. Embassy/Consulate, which should endorse the visa stamp with the name of the approved employers.

• Individuals who currently possess a valid TN visa stamp may present a support letter at the U.S. border to request TN status for either a new employer, or to add a concurrent employer.

• Individuals with approved I-129 petitions may also request a new employer, or add a concurrent employer at the border provided they possess a valid TN visa stamp.