Does the TN Visa Require U.S. Employer Sponsorship?

A common question about the TN visa is whether it requires sponsorship by a U.S. employer. The short answer is no—the TN visa does not require sponsorship in the traditional sense, making it a simpler and more accessible option for hiring professionals from Canada or Mexico.

In the context of U.S. immigration law, sponsorship typically involves the following employer responsibilities:

• Labor Market Testing: Advertising the job and proving no qualified U.S. workers are available.
• Prevailing Wage: Paying a wage that meets or exceeds government-mandated levels.
• Compliance Filings: Preparing extensive documentation to demonstrate compliance with U.S. labor laws.

None of these requirements apply to the TN visa, setting it apart from other visa categories like the H1B or employment-based green cards.

While sponsorship is not required, U.S. employers must meet the following basic obligations:

1. Make a Job Offer
   • The employer must offer a qualifying position to the TN applicant in one of the designated professional fields under the United States-Mexico-Canada Agreement (USMCA).
2. Provide a Support Letter
   • The employer must provide the applicant with a detailed letter, printed on company letterhead, which includes:
     • A description of the position and job duties.
     • Confirmation of the applicant’s qualifications for the role.
     • Details of the wage and duration of employment (typically up to three years).
     • A handwritten signature from a company representative.
3. Form I-129 (If Applicable)
   • If the applicant is already in the U.S. and applying for a change of status to TN, the employer must complete and sign Form I-129.

Once the TN visa is approved, the applicant can enter the U.S. and begin working. The employer’s responsibilities from that point forward are the same as for any other employee:

• Complying with federal, state, and local labor laws.
• Completing Form I-9 to verify the employee’s work authorization.

The TN visa is highly advantageous for U.S. employers because it eliminates many of the financial and administrative burdens associated with traditional sponsorship. Employers can onboard qualified professionals without navigating complex processes like labor market testing or prevailing wage compliance.

The TN visa offers a straightforward path for U.S. employers to hire skilled professionals from Canada and Mexico. While sponsorship isn’t required, employers must provide a job offer and basic documentation to support the applicant’s visa. For expert guidance on navigating the TN visa process, Scott Legal, P.C. is here to help.