Changing employers as Mexican citizens on a TN visa can seem complex, especially when navigating the U.S. immigration system. Many TN visa holders may not realize they can change or add employers directly at a U.S. port of entry, avoiding needing to visit a U.S. Consulate or submit extensive paperwork inside the country. U.S. Customs and Border Protection (CBP) allows this option under certain conditions, making it an efficient path for those looking to switch jobs while maintaining their legal status in the U.S. This article explains how to change or add employers at a U.S. port of entry, the documents you’ll need, and what to expect from the process.
Can You Change Employers on a TN Visa?
Yes, under 8 CFR 214.6(i)(2), Mexican TN visa holders can be readmitted at a U.S. port of entry to change or add employers. The TN visa, created under the United States-Mexico-Canada Agreement (USMCA), allows qualified professionals to work in the U.S. in specific occupations. One of the benefits of the TN visa is that it is not employer-specific, according to 9 FAM 402.17-5(a)(8). You can work for multiple employers or switch employers without needing a new visa, provided you follow the correct procedures.
Steps to Change Employers at a U.S. Port of Entry
- Prepare the Required Documents
Before heading to the port of entry, gather all necessary documents. These include:- A job offer letter from the new employer
- Proof of qualifications (such as diplomas or certifications)
- A complete TN visa application package (Form DS-160 and other related forms)
- Your passport and valid TN visa
- Visit a Designated Port of Entry
You must go to a U.S. port of entry where CBP processes TN visa applications. This port of entry can be a land border or an airport with a U.S. Customs and Border Protection office. - Present Your Application
Upon arrival at the port of entry, provide the CBP officer with your new job offer and supporting documents. You should also explain that you are seeking readmission to change or add employers under 8 CFR 214.6(i)(2). The officer can approve the request and update the system to reflect your new employment if all documentation is in order. - Receive Updated Status
Once approved, CBP will annotate your updated TN status in their system. You’ll receive a new I-94, which records your authorized stay and employment eligibility in the U.S.
Is the TN Visa Employer-Specific?
No, the TN visa is not employer-specific. Under 9 FAM 402.17-5(a)(8), TN visa holders can work for more than one employer or change employers without applying for a new visa, as long as they follow the proper procedures. However, each new employer must meet the requirements of the TN visa category, and the job must be within the list of qualifying professions. The employee must obtain TN status and a new I-94 for each employer.
CBP’s Process for Recording Employment Changes
CBP records employment changes in its internal system. If you switch employers or add a new one, CBP will note this during your readmission at the port of entry. However, this information is not accessible to the visa holder or employers. Unlike the old paper I-94 cards, where employer information was recorded, the new electronic I-94 does not display details about your employers. CBP’s internal notes are not available to the public, so you won’t be able to verify this information online.
Employer Compliance and I-94 Challenges
The shift from paper to electronic I-94 forms has created challenges for employers needing to verify the work authorization of their TN employees. Since the electronic I-94 does not list employer details, it’s difficult for employers to confirm whether a TN holder is authorized to work for them. While CBP is aware of this issue, there is currently no public access to this data. This can create compliance concerns for employers and employees who need to ensure that their employment records are accurate and current.
Conclusion
For Mexican TN visa holders, changing or adding employers at a U.S. port of entry is a practical option to streamline transitioning to a new job. If you have the correct documentation and meet the TN visa requirements, CBP can update your employment information at the port of entry. While the system has moved away from paper records, it’s important to know the compliance challenges employers may face in verifying employment details on the electronic I-94. If you are unsure about any part of the process, it’s always a good idea to consult an immigration attorney to ensure a smooth transition.
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Citations
- Citizens of Canada or Mexico seeking temporary entry under USMCA to engage in business activities at a professional level
- 9 FAM 402.17 USMCA Professionals – TN and TD Visas
We Can Help!
If you have questions regarding TN visa requirements for Mexicans, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
