Can a 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.
What are the requirements for a TN visa?
The general requirements for people to qualify for the TN visa are: Applicants must be citizens of Canada or Mexico Their occupation must be on the NAFTA list They must have a full time or part time job offer from an employer in the U.S
When to apply for concurrent employment under TN visa classification?
If the prospective employer files a Form I-129 seeking new concurrent employment under TN visa classification, applicants in TN status must wait until the petition is approved before they can begin working for the additional employer. Portability provisions available to H-1B visa holders is not available to those in TN status. C.
How to apply for a TN visa for a Mexican citizen?
Have the new employer file Form I-129 with USCIS in order to request a Change of Employer and Extension of Stay. 2. Change of Employer – Mexican TN Visa Unlike Canadian Citizens, Mexican Citizens are required to obtain a TN visa at a U.S. Consulate or Embassy before they can seek admission into the U.S. under TN visa classification.
Can I change employer while on TN visa?
Can I change employers with a TN? Yes, but your new employer must get the TN approved by the USCIS before you begin your employment. Canadian citizens may also submit a new TN application package showing the new employer at the border, as described above.
Can TN visa holder work for multiple employers?
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.
Is your visa status employer specific?
If you have a H-1B, E-1/E-2, O-1, P-1, L-1 or TN visa, your visa was petitioned for by a specific employer. Therefore, your work authorization is restricted to that employer. In some cases, your employment authorization is further restricted to a specific position.
What profession qualifies for TN visa?
TN Eligible Professions ListProfessionMinimum educationAccountantBachelor's Degree; or CPA, CA, CGA, or CMAArchitectBachelor's Degree; or provincial licenseComputer Systems AnalystBachelor's Degree; or Post-Secondary Diploma/Certificate and three years' experience60 more rows
What happens if you get fired on TN visa?
Upon termination of employment (whether voluntary or involuntary), the TN professional may remain in the U.S. for up to 60 days, or until the end of his authorized period of stay, whichever is shorter). There is no requirement for the employer to pay transportation costs.
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).
Can you switch from TN to H-1B?
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.
Can an employer refuse to sponsor a visa?
1. What is the Company Policy on Sponsorship? U.S. employers are not required to sponsor employees for immigration. You can freely specify “no sponsorship” in a job ad and refuse to consider people who are not already authorized to work in the US.
Is it legal to ask visa status in interview?
Legal Compliance: When a candidate answer “yes” to both questions, the hiring unit is allowed to ask further questions about immigration status without risking liability or a discrimination charge.
Can I apply for TN visa without job offer?
You must have a job offer from a U.S. employer before applying for TN status. You cannot apply on your own without such an offer of employment. The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico.
Is it difficult to get TN visa?
When compared to the process of obtaining other work visas, such as an H-1B Visa or an L-1 Visa, it is rather easy to get a TN Visa. In fact, in many cases you can obtain a TN Visa the same day at a qualifying port of entry.
Can TN visa lead to green card?
Can TN Visa Holders in the U.S. Transition to a Green Card? One of the most common questions that TN visa workers have is whether they can move from such a visa to a green card or not. The answer for that is: yes, you can most certainly do so.
Can you work a part time job on a TN visa?
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 you hold 2 TN visas?
This means that you need a unique TN Visa for each employer you intend to work for in the US. This is what is referred to as “concurrent employment.” TN Visa holders are allowed to hold 2 separate visas at the same time, and more in some cases more.
Is a TN visa multiple entry?
Under the U.S. immigration regulations, citizens of Canada and Mexico receive I-94 cards evidencing their TN/TD visa status that are valid for “multiple entry” to the U.S. 8 C.F.R. § 214.6 (g) (1).
Can I work multiple jobs on EAD?
Generally, a person with EAD can work for any US employer and a multiple of US employers. However, F-1 students with EAD solely due to a STEM-OPT extension can only work for an employer who has enrolled in E-Verify. Multiple employers are permitted, but each employer must be enrolled in E-Verify.
What does it mean to change employer on TN visa?
Changes in employment, which can include a TN visa change employer, requires notifying immigration to ensure that the foreign national maintains valid nonimmigrant status.
How to apply for a new TN visa?
a. Depart the U.S. and apply for a new TN visa at a U.S. Consulate by submitting the letter from the new prospective U.S.-based employer and the same supporting evidence required for the initial visa; or
What form do I file to change employer?
b. Have the new employer file Form I-129 with USCIS in order to request a Change of Employer and Extension of Stay.
Can you work for an employer on a TN visa?
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 I file Form I-129 for TN?
Consulate for Mexicans, the employer should consider filing Form I-129 to obtain an approval from USCIS. The Beneficiary can then present the USCIS Approval Notice to CBP or the U.S. Consulate to obtain entry or the visa, respectively.
Can a TN visaholder change their employer?
TN visa holders have multiple ways to seek a change of employer. Furthermore, there are distinct differences in the way Canadian and Mexican citizens can change their employers, often adding to the confusion of how to navigate the process.
Who is Maria from Sergom?
Maria, a Mexican national, was working in the U.S. as a Pharmacist at Sergom Pharmaceuticals when she was offered a new job with LMNO Pharmacy. LMNO Pharmacy filed I-129 petition to change her employer so she can work for them as a Pharmacist. The petition was approved while she was in Mexico.
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.
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 green card sponsorship tough?
While green card sponsorship is tough, TN Visa employer requirements are manageable for even the most overworked and harried employer.
What is TN Visa?
The TN Visa is a U.S non-immigrant visa, so those who get it have to return to their home countries upon its expiration. It allows only citizens of Canada and Mexico, not permanent residents to work in the U.S if they find a job beforehand. The agreement specifies the types of TN visa jobs and occupations that visa holders are allowed to engage in. There are around 63 occupations for which Canadians and Mexicans qualify to work on. These include lawyers, scientists, engineers, teachers, etc. To check whether you qualify in any of the professions, visit the NAFTA website.
What are the requirements for a TN visa?
The general requirements for people to qualify for the TN visa are: Applicants must be citizens of Canada or Mexico. Their occupation must be on the NAFTA list. They must have a full time or part time job offer from an employer in the U.S.
How much does it cost to get a visa in Mexico?
Pay the visa application fee of $160 (for Mexican citizens only) and any other applicable fees
What is a post secondary certificate?
Post Secondary Certificate means a document issued after the completion of two or more years of postsecondary education at an academic institution. The document has to be issued the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.
How many types of TN visas are there?
There are two types of TN visa based on nationality:
How long is a TN visa valid?
After you get the TN visa, it is first valid for 3 years Afterwards, there is a possibility to extend it for an additional 3 years indefinitely. This means, that as long as you are employed in the U.S and can prove ties to your home country in either Canada or Mexico, you are allowed to remain in the U.S on a TN visa.
What is the North American Free Trade Agreement?
To create better relationships between countries in America, the U.S in cooperation with Canada and Mexico created the North American Free Trade Agreement (NAFTA). This agreement, besides its economic and trade benefits, also has travelling and working advantages on a NAFTA visa.
What should CBP list on I-94?
2. Airports and Pre-Clearance Inspection Station s: CBP should list the names of all the employers on the electronic I-94. OR
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 .
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.
What is SGM law group?
Here at SGM Law Group, we have extensive experience helping people like yourself fulfill their dreams in the U.S. through the TN visa. The immigration road is filled with regulations and forms. By letting our immigration attorneys handle your case, you can rest easy knowing that your case is in the best hands. Form filing the initial petition to dealing with RFEs, fees, and extensions, you can focus on your plans in the U.S. instead of the immigration process.
How long does it take to get an I-129H1?
Generally, you can expect it to take about six months to process your I-129H1.
How many professions qualify for a TN visa?
Here is a list of the 60 professions that qualify you for a TN visa:
What is TN visa?
The TN Visa was created by the North American Free Trade Agreement (NAFTA) in order to facilitate temporary employment in the United States for approved Canadian and Mexican citizens. The purpose was to strengthen business and trade relations between the United States, Canada, and Mexico.
How to renew TN visa?
The process of renewing or extending your TN status can be carried out by filing Form I-129H1 along with proof of the TN status holder’s education/citizenship and a letter addressing the need for the extension. At the point in which the job or TN status officially expires, individuals are required to leave the country. Unlike the H-1B grace period, TN visas do not have this leeway period.
What is a letter from a prospective employer?
Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications.
Can a spouse work in the US with a TD visa?
The TN visa holder’s spouse and/or children under the age of 21 may be eligible for TD nonimmigrant status. This status allows dependents to enter the U.S. with the TN visa holder and be granted the same period of stay. There are some restrictions to the TD nonimmigrant status for dependents. Spouses and children are not permitted to work while in the United States, but they are permitted to study.
How to qualify for TN classification?
You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:
What form do I need to apply for TN?
In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
What is a NAFTA professional?
The position in the United States requires a NAFTA professional; You have a prearranged full-time or part-time job with a U .S. employer (but not self-employment - see documentation required below); and. You have the qualifications to practice in the profession in question.
What is the North American Free Trade Agreement?
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
What is a letter from a prospective employer?
Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
Can I apply for a TN visa as a nonimmigrant?
If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:
Can I file for TN on behalf of Canadian citizen?
Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS. Premium Processing Service is available.