Can a TN Visa Holder Change Job Duties If They Remain With The Same Employer?

Canadians and Mexicans can live and work in the United States if they fall the category of "NAFTA Professionals." The non-citizen may qualify for a TN Visa if the following requirements are met:

• The profession falls under the list of occupations recognized by NAFTA
• The non-citizen possesses the specific criteria for that profession
• The employer requires requires someone in that professional capacity
• The Non-Citizen has a job offer, confirmed in writing, from a U.S. employer

However, what do you do if your job duties change? What if your original job duties fell under the list of NAFTA occupations but your new job duties are not covered? Can you remain in the U.S. and continue to work even though your job duties have significantly changed?

8 CFR 214.6(g) states that: "With a Form I-94. An alien may be readmitted to the United States in TN classification for the remainder of the authorized period of TN admission on Form I-94, without presentation of the letter or supporting documentation described in paragraph (d)(3) of this section, and without the prescribed fee set forth in 8 CFR 103.7(b)(1) , provided that the original intended professional activities and employer(s) have not changed, and the Form I-94 has not expired. (Paragraph (g) revised 10/16/08; 73 FR 61332 )."

It appears, at the very least, that if your "original intended professional activities" have changed you must file an I-129 and update with your new job duties in order to be entitled to readmission. If you leave the U.S. during the course of your TN visa's validity and re-enter, and the job duties have changed such that the original TN visa no longer reflects the correct job duties, you may be found inadmissible.

The Borowski Immigration Law Office is located just five minutes from the Peace Bridge and less than thirty minutes from the Rainbow Bridge and Queenston-Lewiston Bridge. We are proud to represent and counsel Canadians with their U.S. Immigration Law issues. You can reach me at 716-418-7431 or by e-mail through my website at www.borowskilaw.com.