For U.S. employers seeking to hire qualified foreign professionals, the TN visa offers a fast, efficient, and cost-effective option. Created under the United States-Mexico-Canada Agreement (USMCA), the TN visa allows Canadian and Mexican citizens to work in the U.S. in certain professional occupations without the complexity of traditional work visas. If you’re considering hiring a Canadian or Mexican professional on a TN visa, here’s what you need to know.
Why the TN Visa Is Employer-Friendly
Unlike other visa types such as the H-1B, the TN visa requires no labor market testing, prevailing wage certification, or lengthy petition process in most cases. For employers, this means lower costs and fewer administrative burdens. This allows companies to gain access to highly skilled professionals in fields like engineering, science, teaching, and healthcare with minimal friction.
How to Hire a Professional on a TN Visa
The process for hiring an employee on a TN visa is straightforward and primarily involves providing the necessary documentation to the prospective employee.
Step 1: Extend a Qualifying Job Offer
The first step is offering a position that qualifies under the TN visa category. The job must be on the list of approved TN professions, and the applicant must possess the appropriate credentials to match the role’s requirements.
Step 2: Draft a Detailed TN Support Letter
The TN support letter is one of the most important components of the application. This letter must be written on company letterhead and include the job title, a detailed description of job duties, the qualifications required for the position, the offered salary, and the intended duration of employment. It must be hand-signed by a representative of your company. This letter is presented by the applicant during their visa application.
Step 3: File Form I-129, If Applicable
In most cases, the employer is not required to file any petitions with the government. However, if the applicant is already in the U.S. and needs to change or extend their status through U.S. Citizenship and Immigration Services (USCIS), your company must file Form I-129 on their behalf.
Employer Responsibilities After TN Visa Approval
After the professional’s TN visa is approved, your responsibilities are simple. You must complete Form I-9 to verify the employee’s identity and authorization to work. Furthermore, you must comply with all standard U.S. labor laws, including wage requirements, workplace safety regulations, and anti-discrimination statutes, just as you would for any U.S. worker.
A Streamlined Path to Securing Top Talent
The TN visa is an accessible and efficient solution for U.S. employers who need professional talent from Canada and Mexico. With no major sponsorship obligations or labor certification and minimal paperwork, it’s one of the most straightforward ways to onboard foreign professionals. To ensure your hiring process is seamless and compliant, schedule a consultation with us to discuss your specific needs with our experienced immigration attorneys.
