TN Visa / Change of Employer / POE Re-Entry

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Palacios12

New Member
Hello everyone,
I got a TN visa which is valid until 2027. 6 months ago I made a change of employer through USCIS with the I-129 form, I received the approval of the change of employer through I-797A and I-94. Now, I scheduled a trip to Mexico for this month, however I received a comment that the POE in Colorado CBP is not accepting TN visa entries with the name of the previous employer. Do you know if this is possible? Is there any POE that is safe to return without issues? thanks
 
You have your I-797 approval and the I-94. That will be sufficient. Your TN consular visa validity is not tied to a particular employer, in fact, even if you ahd changed statuses your visa would still be acceptable due to AVR. This "comment" you heard must have had more to it. I would dismiss it.
 
It is confusing and concerns me because I have received a comment from an attorney that CBP officers in Colorado disagree with this interpretation of the regulation and that if a Mexican TN flies to Denver with a valid TN visa with a previous employer and a valid I-797 Notice of Approval with a new employer, they will cancel the valid TN visa and not admit the individual into TN status.
 
This is anecdotal. What is the point of telling you this? Is Denver Airport CBP suddenly a law unto itself? Have they issued such a decree? If you are that worried, don't fly directly from MX to DEN.
 
I have done more research, and indeed CBP in Denver Colorado is not accepting the I-797A with valid visa with previous employer. They mention that the form I-797A is only the authorization to work in the country, but if you leave and want to return they will require a new TN visa with the name of the new employer.
 
So, enter another way. They are acting contrary to regulation, and no other POE is acting this way. Airport POEs are often ignorant of TN regs.
 
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