US CBP Clarifies Policies for Certain Nonimmigrant Admissions

Morgan Lewis
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Morgan Lewis

The agency confirms the admissibility of certain nonimmigrants who hold visas from different employers.

US Customs and Border Protection (CBP) recently clarified its policy on admissions to the United States after an applicant for admission changes employment or adds a concurrent employer. CBP confirmed that those applying for petition-based employment (H-1B, L-1, O-1, P-1, and R-1) who hold valid nonimmigrant visas need only present the valid visa and an I-797 approval notice for the new (or additional) employer. TN applicants may present either an I-797 approval notice issued by US Citizenship and Immigration Services or an employment letter from the new employer along with standard evidence of TN qualification. This formally confirms the CBP’s past practice of allowing certain nonimmigrants to be admitted to the United States with a petition approval in one employer’s name and a visa stamp in a different employer’s name.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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