US Employers need to know that if they have international workers on employment visas, they need to ensure those workers are entering the United States on their issued visas and not on B-1/B-2 visitor visas. Employment visas allow international workers to enter the United States to work for their US employer, but visitor visas do not allow for any type of work in the US. Visitor visas are limited to tourism or some business related activities such as business meetings, or to negotiate a contract, for example, but not to work in the US.
Recent Issues at US Ports of Entries:
With ports of entry becoming more automated, we are seeing an increase in recording errors on international workers’ entry records, specifically the workers’ I-94s, which is the official record showing under which visa category an international individual has entered the United States. For example, we have seen L-1A international managers entering the US with valid L-1A visas, but CBP records showing a B visitor entry. This can be problematic because the L-1A employee cannot work in the United States if he/she has entered as a B visitor.
Recent Situation:
We recently assisted a US employer with a worker coming to the US from Canada on a TN visa. The worker notified CBP that he needed to enter the US on the approved TN, but a mistake was made at the port of entry, and the CBP record indicated the worker entered on B visitor visa. The problem arose when the worker went to his first day of employment to complete the I-9, and we noticed his I-94 showed a B entry and not TN. The I-9 could not be completed and the worker could not begin working until a correction with CBP was completed, and the CBP I-94 record correctly showed a TN entry.
Recommendations:
Employers should alert their international employees to check their electronic I-94s after US entries and before getting too far from the CBP entry, in case a correction is needed. As always, employers should check with their business immigration attorney if they are concerned that there may have been a recording error in their international worker’s I-94, and seek a correction with CBP, when eligible. We recommend to our clients’ international workers that they take a few minutes to check their electronic I-94s on their phones right after they enter the US, or that they reach out to one of us to check, to ensure the entry was properly recorded under their current work visa.
Leyla McMullen, Corporate Immigration Lawyer
Mdivani Corporate Immigration Law Firm
