Maintaining TN Visa Status when Changing Employers: Steps to Follow

Key Takeaways:

1. Understand the TN visa, a non-immigrant visa for professionals to work in the US under NAFTA/USMCA.
2. Steps for changing employers include securing a job offer, notifying USCIS, and possibly re-entering the US.
3. Canadians can apply for TN status at a US port of entry, while Mexicans must apply at a consulate or embassy.

Understanding TN Visa Status

Are you working in the United States on a TN visa and considering changing jobs? It’s important to understand the steps you need to take to maintain your legal status. The TN visa is a non-immigrant visa category available to citizens of Canada and Mexico under the provisions of the North American Free Trade Agreement (NAFTA), which has been replaced by the United States-Mexico-Canada Agreement (USMCA). It allows professionals to work in the United States in prearranged business activities for U.S. or foreign employers.

Steps to Take When Changing Employers

1. Secure a Job Offer

First and foremost, ensure you have a written job offer from your new prospective employer. This offer should detail the professional activities you’ll be engaged in and confirm that the position meets the qualifications for a TN visa occupation.

2. Notify US Citizenship and Immigration Services (USCIS)

Unlike other work visa categories, a TN visa does not require a petition to be filed with USCIS when initially applying at the border. However, when changing employers, you may need to file Form I-129, Petition for a Non-Immigrant Worker, through your new employer to notify USCIS of the change.

3. Exit and Re-enter the U.S. (Optional)

An alternative to filing USCIS Form I-129 is to leave the United States and then re-enter with a new TN visa application. You would present a job offer letter from your new employer and any relevant credentials to the border officer to apply for a new TN status.

4. Understand the Documentation Required

Whether updating USCIS through Form I-129 or reapplying at the border, you’ll need the following:

• A job offer letter from your new employer detailing the role and affirming it as a TN eligible position
• Proof of your citizenship (passport)
• Relevant credentials demonstrating your qualifications for the position (degrees, certificates, licenses)
• Application fee

5. Maintain Records

Keep a record of all documents related to your employment and immigration status, including copies of your job offer, correspondence with USCIS, and any receipts or confirmations of filed documents.

Considerations for Canadian and Mexican Citizens

For Canadians: Canadian citizens have the option to apply for TN status directly at a U.S. port of entry with the required documentation and fee, simplifying the transition between employers.

For Mexicans: Mexican citizens need to apply for a TN visa at a U.S. consulate or embassy before entering the United States, which must be considered when planning a job change.

Compliance and Deadlines

Always ensure you begin this process well before your current employment ends or immediately after starting a new job to avoid falling out of status. The USCIS processing times for Form I-129 vary, so if choosing that route, plan accordingly.

Conclusion

Changing employers on a TN visa is a straightforward process, but it requires attention to detail and an understanding of the relevant immigration laws and procedures. When in doubt, consult an immigration lawyer or refer to official resources like the U.S. Citizenship and Immigration Services (USCIS) website or the U.S. Department of State for guidance.

By following the correct steps, you can transition between employers smoothly and maintain your legal status in the United States. Remember to stay proactive and organized to minimize stress and ensure success in your new role.

So there you have it, folks! Changing employers on a TN visa may seem daunting, but with the right info, it’s a piece of cake. Just secure a job offer, notify USCIS, and make sure you have all your ducks in a row. And hey, if you want even more helpful tips and advice, head on over to visaverge.com. Happy visa adventures!

FAQ’s to know:

FAQ 1: How do I change employers while on a TN visa?

To change employers on a TN visa, follow these steps: 1) Secure a written job offer from your new employer that meets TN visa qualifications, 2) Notify U.S. Citizenship and Immigration Services (USCIS) by filing Form I-129 or reapply at the border with a new TN visa application, 3) Gather required documentation such as a job offer letter, proof of citizenship, relevant credentials, and the application fee, 4) Keep records of all employment and immigration-related documents.

FAQ 2: What is the difference in the application process for Canadian and Mexican citizens on a TN visa?

For Canadian citizens, they can apply for TN status directly at a U.S. port of entry with the necessary documentation and fee, making it easier to transition between employers. On the other hand, Mexican citizens need to apply for a TN visa at a U.S. consulate or embassy before entering the United States, which should be taken into account when planning a job change.

FAQ 3: What are the compliance considerations and deadlines when changing employers on a TN visa?

To maintain legal status, initiate the employer change process well before your current employment ends or immediately after starting a new job. Be aware that USCIS processing times for Form I-129 vary, so plan accordingly. Staying organized and proactive, and seeking guidance from an immigration lawyer or official resources like the USCIS website and U.S. Department of State can help ensure a smooth transition and success in your new role.

What did you learn? Answer below to know:

1. True or False: The TN visa is a non-immigrant visa category available to citizens of Canada and Mexico under the provisions of the United States-Mexico-Canada Agreement (USMCA).

2. What is the alternative option to filing USCIS Form I-129 when changing employers on a TN visa? a) File Form I-130, Petition for Alien Relative b) Reapply for a new TN visa at a U.S. consulate or embassy c) File Form DS-160, Online Nonimmigrant Visa Application d) Renew your existing TN visa with your current employer

3. What documentation is required when updating USCIS through Form I-129 or reapplying at the border for a TN visa with a new employer? a) Proof of your citizenship (passport) and a job offer letter b) Relevant credentials and a job offer letter c) Proof of your citizenship (passport) and a copy of your previous TN visa d) Relevant credentials and a copy of your previous TN visa