Can I change jobs with TN visa?
TN visa workers cannot begin employment with a new or additional employer until they receive authorization from U.S. immigration authorities. 8 CFR 214.6 (i) . TN visa workers can change employers by mail using form I-129 in the same manner as if filing for an extension of status.
Can I Change my TN employer?
Yes you can. There are two ways to go about this: Have the new employer file a TN Change of Employer (COE) petition or once the new employer sends you all the appropriate documents, you can apply at a port of entry/airport for your new TN. Please note that if the TN COE is filed, you won’t be able to work for the new employer until it’s been approved.
What are the requirements for a TN visa?
You may be eligible for TN nonimmigrant status, if:
- You are a citizen of Canada or Mexico;
- Your profession qualifies under the regulations;
- The position in the United States requires a NAFTA professional;
- You have a prearranged full-time or part-time job with a U.S. ...
- You have the qualifications to practice in the profession in question.
How to apply for TN visa?
- Offer letter
- Valid passport (the passport's expiration date is highly recommended to be at least 6 months longer than the fixed term work contract in the US)
- Employment supporting documentation per step 4 above
- University confirmation letter and copies of your educational degree (s) and transcript (s)
What happens if you quit your job on a TN visa?
If you leave your job and your TN visa is still valid, you have a grace period of 60 days to find another employer, change your status or prepare to leave the U.S..
Can TN visa holder work for any employer?
TN status is employer-specific, meaning NAFTA TN visa holders can work only for the U.S. employer listed on the TN application. Working for an employer different from the one listed in the TN application is a violation of U.S. immigration laws.
Can you switch from TN visa to H1B?
How to Change from a TN Visa to an H1B Visa. The process of changing from TN visa status to H1B status is essentially the same as applying for an H1B. As a TN visa holder you have not been approved for an H1B in the past, so you have to apply formally for an H1B and enter the H1B lottery.
Are new TD visas required during a TN visa employer change?
Reply: A dependent's visa status is not specific to an employer. As such, a family member's TD visa status remains valid even if the principal TN visa worker changes employers.
Can we change jobs on TN visa?
Yes, you can change jobs on a TN Visa but do it with care. Since one can hold multiple TN visas, many TN applicants will stay at their old job until they obtain the TN Visa (in person) for their new job and then quit their old job.
Can I have 2 jobs with a TN visa?
Yes, individuals may obtain TN visa status to work for more than one employer at the same time. As the initially issued TN status is employer specific, a second TN application would have to be filed for this new employer. Canadian citizens can file for concurrent TN employment authorization at the border.
Can I move from TN visa to green card?
Can TN visa holders transition to a green card? This is one of the most common questions that TN visa holders ask, especially after they have spent some time in the U.S. The short answer is yes, it is indeed possible to obtain permanent resident status as a TN visa holder.
Does Amazon sponsor TN visa?
Amazon does not sponsor for immigration, including for H-1B, TN, and other non-immigrant visas, for this role.
Do US companies sponsor TN visa?
So while a TN Visa does require a job offer and written support from a US employer, this is not considered formal sponsorship.
Can a TN visa holder be a manager?
First, U.S. immigration's opinion that the TN visa classification does not allow managerial job functions is undermined by the specific inclusion of managerial positions in the NAFTA Appendix (see, e.g. Hotel Manager and Range Manager).
Does an employer have to notify the gov when terminating a TN visa worker?
Answer: No, there is no obligation for the employer to notify US Customs and Border of the termination. The immigration status change is the employee's responsibility – they are to leave the country of file a change of status form.
Can my wife work if I have a TN visa?
Simply put, via the TD visa, as a spouse or child of a TN visa holder, you can apply to work and live in the U.S. under this visa status.
Does TN visa require employer sponsorship?
Unlike the H-1B visa, the TN visa doesn't require sponsorship or petition by an employer. Additionally, there is no cap on TN visas, so there's no attendant concern related to racing the clock to obtain a visa before the cap is reached.
Can I hire someone with a TN visa?
Visa Sponsorship Required A prospective employer must request employment authorization on behalf of a TN visa worker. The extent of this requirement, however, is generally limited to the provision of an employer support letter that requests TN visa work authorization on behalf of the applicant.
Can I work in the US with a TN visa?
The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals.
Can TN visa holders work part time?
TN visa workers may work on a part-time basis. 9 FAM § 402.17-5(A). However, individuals should be aware that U.S. immigration officials may examine any potential basis for denial of a TN visa for part-time employment under the public charge ground of inadmissibility.
Can a TN visa worker work with a new employer?
TN visa workers cannot begin employment with a new or additional employer until they receive authorization from U.S. immigration authorities. 8 CFR 214.6 (i) .
Can I work with a new employer on a TN visa?
Unlike the H-1B visa category, "portability" is not offered under the TN visa category. This means that individuals cannot work with the new employer under TN status until the I-129 petition is actually approved by USCIS.
What do employers need to provide for the TN application?
What application materials do employers need to provide for the TN application? In the most basic cases, the employer only needs to provide a letter of support for the employee indicating the job opportunity, the NAFTA profession, dates of employment, compensation, and other basic information.
What is TN status?
TN status allows Canadian and Mexican citizens to come to the United States to work in certain specialty occupations. But as an employer, the process can be daunting. Who is eligible, where do you submit your application, and how much does it cost? Read on for the answers to these questions and more.
What form do I need to file for nonimmigrant status?
When submitting the application to U.S. Citizenship and Immigration Services (USCIS), the employer also needs to submit Form I-129 (“Petition for a Nonimmigrant Worker”). This is the only case where the employer needs to submit the complete application.
How is TN different from traditional sponsorship?
Hiring an employee on TN is different from traditional sponsorship because it requires minimal work for the employer and there are no further obligations for the employer once TN status is granted, besides remaining compliant
How long is a TN valid for?
TN is valid for up to 3 years at a time but is renewable indefinitely as long as the individual does not show immigrant intent
Can a strong TN be rejected?
Strong TN applications are rarely rejected outright. At CBP, unsuccessful TN applications are provided the opportunity to “withdraw,” especially in circumstances where the Canadian employee applies at a pre-clearance facility and is able to stay in Canada. USCIS may often ask for a Request For Evidence (RFE) for applications that are initially not approved
Can a Canadian citizen work for another employer in the US?
If a Canadian Citizen is in the U .S. in valid TN status and would like to work for an additional employer, he or she can simply go to a Port-of-Entry with the required letter from the 2nd employer and supporting evidence. The employee must be sure to inform CBP that the new employment will be in addition to the current TN employment.
Can a TN visa be used for multiple employers?
in a variety of professional occupations, but also allows them to work for multiple employers in the U.S. simultaneously .
What is a TN Visa?
The TN visa is a nonimmigrant visa category that was created after the passage of Nafta, the trade deal between the US, Canada, and Mexico. TN visa holders are called “Nafta professionals” for this reason. Only Mexican and Canadian citizens are eligible for a TN visa, and you must have a job offer in the U.S. in an employment field that is on the approved Nafta list. If approved for a TN visa you can stay and work in the U.S. for up to 3 years, and your wages are subject to US taxes.
How long can a TN visa be extended?
However, a TN visa can be extended an indefinite number of times, so TN visa holders can more easily do things like buying a home. H1B visas can be extended for an additional 3 years once, but after that renewal, the visa holder must leave the U.S. for at least one year.
How to transfer H1B visa status to another employer?
The easiest way to transfer your visa status is if the employer that sponsored your TN visa also sponsors your H1B visa petition. That way, you can continue working for that employer under the TN visa even if you do not get selected in the H1B lottery. Employers sometimes do this to give their employees an opportunity to obtain permanent residence. You can get sponsored for an H1B by a new employer as well, but keep in mind that you may not get selected in the H1B lottery. There is no guarantee that you will ultimately be able to work for the new employer, so don’t make a firm commitment to leave your current position covered under the TN until you are selected in the H1B lottery.
What are the disadvantages of TN visa?
A big disadvantage of the TN visa is that only citizens of two countries, Canada and Mexico, are eligible. The H1B visa may be more competitive, but that’s because citizens of any country are eligible for the H1B.
How many H1B visas are there?
H1B applicants need an American employer to sponsor their visa. If the application is approved, it is then submitted to the H1B visa lottery, where a total of 85,000 visas are allotted.
What is the difference between a H1B and a TN visa?
While the TN and H1B visa are both non-immigrant, employment-based visas, they differ in a few important ways. Any non-US citizen is eligible for the H1B visa, while only Mexican and Canadian citizens are eligible for the TN visa. H1B visas are much more difficult to obtain but allow for dual intent, while TN visas do not. Also, eligibility for a TN visa is restricted to a list of approved occupations, whereas the H1B only requires that the occupation involves Bachelor degree-level skills or knowledge.
Do you have to pay prevailing wage for H1B visa?
Most work visas, including the H1B, require that the visa holder is paid the prevailing wage of their relevant occupation. The prevailing wage is the minimum wage paid to laborers in this specific field or occupation, as set by a relevant government agency. The TN visa is one of the few visas that does not require the visa holder to get paid the prevailing wage, which can be a big disadvantage for laborers.
How many hours does a TN immigration lawyer work?
Luckily, for businesses who want to employ a TN professional, the work is minimal (typically .75-1.5 hours with the help of an immigration lawyer).
Where to submit TN request?
OPTION #1: Submit the TN request when they apply for admission at “a United States Class A port of entry, at a United States airport handling international traffic, or at a United States pre-clearance/pre-flight station.
Is it cheaper to apply through USCIS or through USCIS?
In most cases, I recommend applying at a port of entry. Applying in this manner is faster and cheaper than applying through USCIS. The only advantage of applying through USCIS is that you reduce the uncertainty associated with making an application at the border.
Can employees pay for TN?
Unlike with other types of business immigration cases, employees are permitted to pay for the TN process. They can pay the lawyer fees, filing fees and any other costs associated with obtaining TN status.
Is the TN process worth it?
My completely biased opinion is that the TN process is absolutely worth it (especially for employers of Canadian TN professionals). The TN gives US businesses a golden opportunity to employ highly talented professionals from Canada and Mexico with minimal effort, cost and hassle.
Is a green card expensive?
For example, the process for obtaining an employment based green card is expensive, complicated and time consuming. Therefore, I do not blame businesses that reserve sponsorship for high performing current or prospective employees.
Is green card sponsorship tough?
While green card sponsorship is tough, TN Visa employer requirements are manageable for even the most overworked and harried employer.
