Employer Requirements for Hiring a TN Visa Employee

The TN visa is a streamlined option for U.S. employers looking to hire Canadian or Mexican professionals. Unlike many other visa categories, it does not require formal sponsorship. However, there are specific steps and obligations that U.S. employers must meet to ensure compliance with the TN visa process.

1. Job Offer
   • The U.S. employer must extend a job offer to the TN visa applicant for a position in a qualifying professional field.
2. Support Letter
   • The employer must provide a detailed letter addressed to the TN applicant, printed on company letterhead. This letter should include:
     • Position and job duties: A clear description of the role and responsibilities.
     • Applicant qualifications: Confirmation that the applicant meets the educational or credential requirements for the position.
     • Wage and term of employment: Details of the compensation and the duration of the job.
   • A company representative must sign the letter by hand to validate its authenticity.
3. Form I-129 (If Applicable)
   • If the TN applicant is already in the U.S. and applying for a change to TN status, the employer must complete and sign Form I-129 (Petition for a Nonimmigrant Worker) to submit to USCIS.

Once the TN visa is approved, and the employee begins work, the employer must:

• Complete Form I-9: Verify the employee’s work eligibility and retain the form as part of standard onboarding procedures.
• Comply with Labor Laws: Adhere to all federal, state, and local labor and employment regulations, including:
  • Paying at least the applicable minimum wage.
  • Providing a safe work environment and complying with anti-discrimination laws.

The TN visa process is straightforward and minimizes the burden on U.S. employers. Key advantages include:

• No Sponsorship Required: Unlike other visas, there’s no need for labor market testing or recruitment certifications.
• Simplified Documentation: The support letter is the primary document required from the employer, along with compliance with standard employment laws.

The TN visa offers a hassle-free way for U.S. employers to access skilled professionals from Canada and Mexico. By understanding and meeting these minimal requirements, employers can leverage this visa to bring valuable talent to their teams. For guidance on the TN visa process, Scott Legal, P.C. is here to help.