If you’re working in the U.S. on a TN visa and are considering switching employers, there are a few important things to keep in mind. The TN visa allows professionals from Canada and Mexico to work in the United States, but changing employers requires specific steps to ensure compliance with immigration laws. Here are three essential points to consider when making the transition.
1. Yes, You Can Change Employers While on TN Status
The good news is that TN visa holders are permitted to change employers while in the U.S. However, this process isn’t automatic, and it requires that the government be notified. This notification process is crucial to maintaining your legal status, and it must be handled properly before you start working for a new employer. The process is much like applying from scratch for a TN visa.
2. Wait for Government Approval Before Starting a New Job
One critical rule to follow is that you cannot start working for your new employer until you receive approval from the government. Whether you apply through U.S. Citizenship and Immigration Services (USCIS) or Customs and Border Protection (CBP), it’s essential to wait for the official go-ahead. TN status is employer-specific, meaning your authorization is tied to a particular employer. Working for a new employer without prior government approval could jeopardize your status.
3. Application Process for New Employment Is Similar to the Initial TN Visa Application
When you receive an offer from a new employer, the process for getting approval is the same as when you initially applied for your TN visa. You can apply through USCIS, at a U.S. consulate, or—if you’re a Canadian national—at a port of entry. You would submit the same documentation that you submitted for your first application (eg. Degree, TN letter, resume, etc.)
Conclusion
Changing employers while on a TN visa is possible, but it requires careful attention to immigration procedures. By ensuring you wait for government approval and following the appropriate steps, you can make a smooth transition without risking your TN status.
If you’re a TN visa holder looking to change employers, Scott Legal, P.C. can help guide you through the process. Schedule a consultation today to ensure a smooth transition while maintaining your immigration status.
