TN Change of employer (Mexican)

ecfr.gov/compare/2022-05-31/to/
2022-05-30/title-8/chapter-I/subchapter-B/
part-214/section-214.6
Hello, bjchavez94

I was reading the section 214.6 and it says:
“Citizens of Mexico may present documentation from a different or additional United States or foreign employer to a consular officer as evidence in support of a new nonimmigrant TN visa application”

I am a little confused in that part, it mentions consular officer and new TN visa application.

Is a consular officer the one at the POE ?
 
Hello, bjchavez94

I was reading the section 214.6 and it says:
“Citizens of Mexico may present documentation from a different or additional United States or foreign employer to a consular officer as evidence in support of a new nonimmigrant TN visa application”

I am a little confused in that part, it mentions consular officer and new TN visa application.

Is a consular officer the one at the POE ?
The officer at the POE is not a consular office, I actually hadn’t pay attention to that part until you mentioned it but as I said, the supervisor was the one who helped me. I gave her all my support documentation and she make the change of employer on the system and gave me a new i94
 
Hello, bjchavez94

I was reading the section 214.6 and it says:
“Citizens of Mexico may present documentation from a different or additional United States or foreign employer to a consular officer as evidence in support of a new nonimmigrant TN visa application”

I am a little confused in that part, it mentions consular officer and new TN visa application.

Is a consular officer the one at the POE ?
Also there’s two terms, TN visa status and TN visa stamp, when you change the employers you need a new TN visa status. If you are Mexican, the stamp you have on your passport remains the same as before, the TN visa status is only updated in USCIS system
 
I have successfully done the employer change at the border (Otay Mesa POE). Here is what I did: I had cross to mexico and then cross back into the US on foot, I said to the officer at the border that I needed to make a change of employer from what he replied that they do not do that here, he also asked a couple times if I am still currently employed by my current employer (which I am). Then he went onto lecturing me kind of rudely that I had to ask USCIS for that change. The way he was talking to me he was implying that I was trying to do something wrong or illegal, also mentioned that if I tried to make an employer change without currently being employed he was going to deny admission (which was phrased like a threat). At the end he said something like: "I'm going to admit you for this time, do you understand?", to what I just replied like "okay, sure". That officer clearly didn't know about the TN process and was clearly asking me questions and implying stuff which I had to clearly state the opposite so that if I would slip on something I said he would deny me admission. I obviously wasn't going to argue with him so I went on my way to the I-94 permit station.

On the I-94 permit station it was a different story. I said to the officer that I needed a change of employer for my TN status to which he was aware it was possible but he wasn't familiar so he told me to hold on, that another officer would help me with that. The officers at the station were kind and helpful. The officer asked for my TN letters and my visa and I was asked to pay $50 for USCMA charge plus $6 for the new I-94. They took copies of my letters and payment receipt and issued my I-94. He also stamped an admission record beside my Visa stamp in which he wrote: Admission class: TN, Admit until xx/xx/2027, but later he overwrote xx/xx/2025 (so the date looks like someone was trying to change the numbers!!). Good thing the digital I-94 does show up with the admission date.

The only thing I'm concerned is that the officer did not stamped the new employer name in the I-94 stamp (it also doesn't show in the digital I-94. I asked the officer that maybe the company could ask about it, he said that as for the CBP goes I have submitted the documentation and I'm authorized to work with the new employer but he could not Issue something that would reflect the new employer. He said something like the documents I provided were scanned and stored somewhere tied to the new I-94.

For anyone trying to do the same avoid mentioning anything TN status to the border officer, instead ask for it in the I-94 permit station there you should be ok!

Does anyone know how to get some proof of authorization for the new employer? Kind of worried about my new employer complaining about the it.

Hope this is helpful for others who are trying to do the same. Maybe if we do it more they'll be more familiar with the process in the future.

Regards
 
I have successfully done the employer change at the border (Otay Mesa POE). Here is what I did: I had cross to mexico and then cross back into the US on foot, I said to the officer at the border that I needed to make a change of employer from what he replied that they do not do that here, he also asked a couple times if I am still currently employed by my current employer (which I am). Then he went onto lecturing me kind of rudely that I had to ask USCIS for that change. The way he was talking to me he was implying that I was trying to do something wrong or illegal, also mentioned that if I tried to make an employer change without currently being employed he was going to deny admission (which was phrased like a threat). At the end he said something like: "I'm going to admit you for this time, do you understand?", to what I just replied like "okay, sure". That officer clearly didn't know about the TN process and was clearly asking me questions and implying stuff which I had to clearly state the opposite so that if I would slip on something I said he would deny me admission. I obviously wasn't going to argue with him so I went on my way to the I-94 permit station.

On the I-94 permit station it was a different story. I said to the officer that I needed a change of employer for my TN status to which he was aware it was possible but he wasn't familiar so he told me to hold on, that another officer would help me with that. The officers at the station were kind and helpful. The officer asked for my TN letters and my visa and I was asked to pay $50 for USCMA charge plus $6 for the new I-94. They took copies of my letters and payment receipt and issued my I-94. He also stamped an admission record beside my Visa stamp in which he wrote: Admission class: TN, Admit until xx/xx/2027, but later he overwrote xx/xx/2025 (so the date looks like someone was trying to change the numbers!!). Good thing the digital I-94 does show up with the admission date.

The only thing I'm concerned is that the officer did not stamped the new employer name in the I-94 stamp (it also doesn't show in the digital I-94. I asked the officer that maybe the company could ask about it, he said that as for the CBP goes I have submitted the documentation and I'm authorized to work with the new employer but he could not Issue something that would reflect the new employer. He said something like the documents I provided were scanned and stored somewhere tied to the new I-94.

For anyone trying to do the same avoid mentioning anything TN status to the border officer, instead ask for it in the I-94 permit station there you should be ok!

Does anyone know how to get some proof of authorization for the new employer? Kind of worried about my new employer complaining about the it.

Hope this is helpful for others who are trying to do the same. Maybe if we do it more they'll be more familiar with the process in the future.

Regards

Hi Fausthor:

I already made my change in San Ysidro. Everything goes well with the CBP but Im having problems with my employer bc they're asking for some evidence of the change but the only thing I have is the stamp in the passport with the name of the new company. At CBP they told me the same thing, that there is no receipt or any form that evidencing the change and no way to verify that information.
I have already explained that the seal is official but they still don't understand. Did you manage to verify the change of employer in any way? If so, it would help me a lot as you did.

Thank you very much and my best wishes
 
Hi Fausthor:

I already made my change in San Ysidro. Everything goes well with the CBP but Im having problems with my employer bc they're asking for some evidence of the change but the only thing I have is the stamp in the passport with the name of the new company. At CBP they told me the same thing, that there is no receipt or any form that evidencing the change and no way to verify that information.
I have already explained that the seal is official but they still don't understand. Did you manage to verify the change of employer in any way? If so, it would help me a lot as you did.

Thank you very much and my best wishes
Yes, there is a way in which the employer can confirm by submiting the form i-9 or with e-verify (which is actually a mandatory step for every employer when hiring new people).
In my case, my employer did't complain about what said in my stamp or i-94 as their way to verify people eligibility is to simply file the i-9 and let the DHS determine.
Ask them to file the form i-9, note that in it you should enter you admission number and expiry date of you latest i-94, also you employer should send your passport with your latest i-94 as section A documents.

Regards,
 
I-9 is not actually "filed". It is just to be kept by the employer. Do you mean E-Verify instead? Not all employers participate in E-Verify.
Oh you're right, I got confused with E-verify and form I-9. So if your employer participates in E-verify they will be able to easily confirm your eligibility.
 
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