
The TN visa is a highly cost-effective solution for U.S. employers seeking to hire skilled professionals from Canada or Mexico. Unlike many other visa types, the TN visa does not require formal sponsorship, eliminating significant financial and procedural burdens for the employer.
Why the TN Visa Doesn’t Require Sponsorship
Unlike H-1B or employment-based green card processes, the TN visa does not require the employer to:
- File labor certifications.
- Test the U.S. labor market or prove the unavailability of U.S. workers.
- Pay government filing fees specific to visa sponsorship.
Instead, the employer’s responsibilities are limited to supporting the application through basic documentation.
Employer Requirements for a TN Visa
- Provide a Job Offer
- The U.S. employer must offer the TN applicant a qualifying position.
- Write a Support Letter
- The employer must prepare a detailed letter on company letterhead, including:
- Position and job duties: Describe the role clearly.
- Qualifications: Confirm the applicant meets the requirements for the position.
- Compensation: Include the wage that will be paid to the TN employee.
- Term of Employment: Specify the duration of employment, typically up to three years.
- The letter must include a handwritten signature from a company representative.
- The employer must prepare a detailed letter on company letterhead, including:
- Form I-129 (If Applicable)
- If the TN applicant is already in the U.S. and applying for a change of status, the employer must complete and sign Form I-129.
What Costs Are Involved?
For the U.S. employer, the costs are minimal. They are only required to:
- Provide the job offer and support letter.
- Treat the TN employee as they would any other employee, adhering to federal, state, and local labor laws.
If the applicant is applying for a TN visa directly at a port of entry or U.S. consulate, the employer incurs no filing fees. If Form I-129 is required for a change of status, the standard USCIS filing fee applies, which is typically paid by the applicant.
TN Visa: A Cost-Effective Hiring Solution
The TN visa offers significant financial advantages for U.S. employers:
- No prevailing wage requirements or sponsorship fees.
- Streamlined application process with no complex labor market testing.
For Canadian and Mexican professionals, the TN visa is an excellent option, allowing U.S. employers to onboard talent quickly and affordably.
Final Thoughts
The TN visa’s lack of sponsorship requirements makes it one of the most cost-effective and straightforward pathways for U.S. employers to access international talent. For guidance on crafting a strong TN visa application, Scott Legal, P.C. is here to help.
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