LawFlash

US CBP Clarifies Policies for Certain Nonimmigrant Admissions

October 27, 2016

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.

Contacts

If you have any questions or would like more information on the issues discussed in this Immigration Alert, please contact any of the following Morgan Lewis lawyers:

Washington, DC
Eleanor Pelta
Eric S. Bord

San Francisco
A. James Vázquez-Azpiri

Boston
Lisa Stephanian Burton

London
Tracy Evlogidis