REPORTS THAT CBP NOT ALLOWING INTERMITTENT WORK IN U.S. UNDER TN VISA

Our office has been receiving reports that U.S. CBP officers are refusing to allow TN visa workers with unexpired I-94s to enter the U.S. when there has been a significant lapse in time since the individual’s last entry to the U.S. Apparently, CBP is denying entry under the contention that TN visa status is not appropriate for intermittent work in the U.S.

We believe that the TN visa regulations do not prohibit a TN visa worker from engaging in intermittent work. The regulations allow re-admission to the U.S. within the validity period of a TN visa worker’s I-94 as long as the original intended professional activities and employer have not changed. 8 C.F.R. § 214.6 (g) (1). As long as the initial TN visa application explained the nature of the intermittent work, and there are no changes in the employment, then the TN visa worker should be allowed to re-enter the U.S. during the validity period of his/her TN I-94.

Furthermore, intermittent work is clearly permissible under the L-1 and H-1B visa classifications. See 8 C.F.R. § 214.2 (l) (12) (ii) and (h) (13) (v) (discussing exceptions to the limitations on periods of stay for those working intermittently in the U.S.). We see no reason why such work, which is permitted with an L-1 or H-1B visa, should be prohibited from the TN visa classification.